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Full-Text Articles in Law
The Puzzle Of Brandeis, Privacy, And Speech, Neil M. Richards
The Puzzle Of Brandeis, Privacy, And Speech, Neil M. Richards
Vanderbilt Law Review
The Right to Privacy' and his dissent in Olmstead v. United States. In The Right to Privacy, Brandeis and Samuel Warren argued that intrusion into and public disclosure of private affairs by the press was deeply hurtful, and that the common law should be read to recognize a tort remedy for such violations. Their short article is considered by scholars to have established not just the privacy torts but the field of privacy law itself. Brandeis is also famous (though less so) for his Olmstead dissent-a document which introduced modern concepts of privacy into constitutional law, and ultimately led not …
Liberating Copyright: Thinking Beyond Free Speech, Jennifer E. Rothman
Liberating Copyright: Thinking Beyond Free Speech, Jennifer E. Rothman
All Faculty Scholarship
Scholars have often turned to the First Amendment to limit the scope of ever-expanding copyright law. This approach has mostly failed to convince courts that independent review is merited and has offered little to individuals engaged in personal rather than political or cultural expression. In this Article, I consider the value of an alternative paradigm using the lens of substantive due process and liberty to evaluate users’ rights. A liberty-based approach uses this other developed body of constitutional law to demarcate justifiable personal, identity-based uses of copyrighted works. Uses that are essential for mental integrity, intimacy promotion, communication, or religious …