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Personal Autonomy: Towards A New Taxonomy For Privacy Law, Yvonne F. Lindgren

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In 1965 the Supreme Court in Griswold v. Connecticut protected the right of married couples to receive contraceptives as a right of privacy. Since that time, scholarship in the area of privacy law has coalesced around two main themes: First, commentators have classified privacy cases to present a unified concept broad enough to encompass many contexts — from tort, to Fourth and Fifth Amendment search and seizure, to decisional autonomy case law. Second, there is vigorous debate whether decisional autonomy is properly sourced in privacy law. These inquiries leave unanswered an important question: What, if anything, has been the lasting …