Add to ORKG(Excerpt) In Part I of this Article, I discuss the third-party doctrine, including its history, the types of cases to which it has been applied, and arguments in favor of and against it, with particular focus on Orin Kerr\u27s defense of the doctrine. In Part II, I propose an alternative-and, I think, better-way of dealing with cases typically thought to fall under this doctrine. My proposal, as we will see, rests upon the model for the legal protection of privacy that I have elucidated and defended in prior articles: a model based on our rights to property and contract. Finally, in Part III, I enlist the help of the common law of contract to address an objection to my proposal, in hopes of improving its appeal to the reader
This Article explores the issues surrounding, and the arguments against, secret law by providing an ...
The third-party doctrine is a long-standing tenant of Fourth Amendment law that allows law enforceme...
Information to, from, and about U.S. persons routinely comes into the possession of the National Sec...
(Excerpt) In Part I of this Article, I discuss the third-party doctrine, including its history, the ...
This Article offers a defense of the Fourth Amendment\u27s third party doctrine, the controversial r...
For at least thirty years the Supreme Court has adhered to its third-party doctrine in interpreting ...
Today, information is shared almost constantly. People share their DNA to track their ancestry or fo...
The Fourth Amendment protects “[t]he right of the people to be secure in their persons, houses, pape...
The third party and public disclosure doctrines (together the “disclosure doctrines”) are long-stand...
For nearly 200 years, an individual’s personal papers enjoyed near-absolute protection from governme...
The purpose of the paper is to assess the relationship between secrecy and transparency in the pre-...
In the past half-century, the Supreme Court has crafted a vein of jurisprudence virtually eliminatin...
In a world in which Americans are tracked on the Internet, tracked through their cell phones, tracke...
This article analyzes the Privacy Protection Act as a response to Zurcher. Part I discusses the Zurc...
This Article proposes that there is, in fact, a constitutional doctrine that protects at least some ...
This Article explores the issues surrounding, and the arguments against, secret law by providing an ...
The third-party doctrine is a long-standing tenant of Fourth Amendment law that allows law enforceme...
Information to, from, and about U.S. persons routinely comes into the possession of the National Sec...
(Excerpt) In Part I of this Article, I discuss the third-party doctrine, including its history, the ...
This Article offers a defense of the Fourth Amendment\u27s third party doctrine, the controversial r...
For at least thirty years the Supreme Court has adhered to its third-party doctrine in interpreting ...
Today, information is shared almost constantly. People share their DNA to track their ancestry or fo...
The Fourth Amendment protects “[t]he right of the people to be secure in their persons, houses, pape...
The third party and public disclosure doctrines (together the “disclosure doctrines”) are long-stand...
For nearly 200 years, an individual’s personal papers enjoyed near-absolute protection from governme...
The purpose of the paper is to assess the relationship between secrecy and transparency in the pre-...
In the past half-century, the Supreme Court has crafted a vein of jurisprudence virtually eliminatin...
In a world in which Americans are tracked on the Internet, tracked through their cell phones, tracke...
This article analyzes the Privacy Protection Act as a response to Zurcher. Part I discusses the Zurc...
This Article proposes that there is, in fact, a constitutional doctrine that protects at least some ...
This Article explores the issues surrounding, and the arguments against, secret law by providing an ...
The third-party doctrine is a long-standing tenant of Fourth Amendment law that allows law enforceme...
Information to, from, and about U.S. persons routinely comes into the possession of the National Sec...