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Full-Text Articles in Law
The Public Information Fallacy, Woodrow Hartzog
The Public Information Fallacy, Woodrow Hartzog
Faculty Scholarship
The concept of privacy in “public” information or acts is a perennial topic for debate. It has given privacy law fits. People struggle to reconcile the notion of protecting information that has been made public with traditional accounts of privacy. As a result, successfully labeling information as public often functions as a permission slip for surveillance and personal data practices. It has also given birth to a significant and persistent misconception — that public information is an established and objective concept.
In this article, I argue that the “no privacy in public” justification is misguided because nobody knows what “public” …
The Dynamic Analytics Of Property Law, Michael A. Heller
The Dynamic Analytics Of Property Law, Michael A. Heller
Faculty Scholarship
The standard property trilogy of private, commons, and state has become so outdated that it now impedes imagination and innovation at the frontiers of ownership. This essay suggests two approaches – creating new ideal types and synthesizing existing ones – that may help update our static property metaphors. Using these dynamic approaches to property analytics, legal theory can move beyond polarizing oppositions that have made jurisprudential debates unsolvable and rendered concrete problems invisible.