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Full-Text Articles in Law
Originalism & Early Civil Search Statutes: The Misunderstood History Of Suspicion & Probable Cause, Fabio Arcila, Jr.
Originalism & Early Civil Search Statutes: The Misunderstood History Of Suspicion & Probable Cause, Fabio Arcila, Jr.
Fabio Arcila Jr.
Originalist analyses of the Framers’ views about governmental search power have devoted insufficient attention to the civil search statutes they promulgated. What attention has been paid, primarily as part of what I term the “conventional account,” has it that the Framers were divided about how accessible search remedies should be. This article explains why this conventional account is mostly wrong, and explores the lessons to be learned from the statutory choices the Framers made with regard to search and seizure law.
In enacting civil search statutes, the Framers chose to depart from common law standards and instead largely followed the …
The Structure Of Search Engine Law, James Grimmelmann
The Structure Of Search Engine Law, James Grimmelmann
James Grimmelmann
This Article provides a road map to issues of search engine law. It indicates what questions we must consider when thinking about search engines, and it indicates the interconnections among those questions. It does not endorse any particular normative framework for search. Nor does it recommend who should regulate search. Instead, it provides the necessary foundation for informed decision-making, by whatever regulator and whatever its normative approach.
Part I will explain how modern search engines function and describe the business environment within which they operate. Search engine operations can be understood in terms of the information flows among four principal …