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Full-Text Articles in Law
Lex Informatica: The Formulation Of Information Policy Rules Through Technology , Joel R. Reidenberg
Lex Informatica: The Formulation Of Information Policy Rules Through Technology , Joel R. Reidenberg
Faculty Scholarship
Historically, law and government regulation have established default rules for information policy, including constitutional rules on freedom of expression and statutory rights of ownership of information. This Article will show that for network environments and the Information Society, however, law and government regulation are not the only source of rule-making. Technological capabilities and system design choices impose rules on participants. The creation and implementation of information policy are embedded in network designs and standards as well as in system configurations. Even user preferences and technical choices create overarching, local default rules. This Article argues, in essence, that the set of …
Does Privacy Really Have A Problem In The Law Of Criminal Procedure?, Daniel B. Yeager
Does Privacy Really Have A Problem In The Law Of Criminal Procedure?, Daniel B. Yeager
Faculty Scholarship
Agreeing with William Stuntz's conclusion that privacy retains a significant position in the law of criminal procedure, the author defends a privacy-oriented procedural regime that can .be reconciled with an activist regulatory state. Part One of this Article suggests that the comparatively light judicial supervision of police coercion owes more to the conditions under which force is used than to what Stuntz views as the Court's indifference to what police do to us, or to its "obsession" over what police can see and hear. By redescribing questions of privacy, or questions of privacy and coercion, merely as questions of coercion, …