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The Power of Gifts to Transform and Connect
The notion of a “gift economy” is an interesting one that brings the idea of non-economic connections into focus. Given that most of us spend most of our time in commercial, consumer-focused world, thinking about alternatives provides an interesting perspective. See also: Gift economy - Wikipedia My old thesis, But that Speaking Makes it So, […]
April 2007 / 1 min.
EFF: Legal Guide for Bloggers
But here’s the important part: None of this should stop you from blogging. Freedom of speech is the foundation of a functioning democracy, and Internet bullies shouldn’t use the law to stifle legitimate free expression. That’s why EFF created this guide, compiling a number of FAQs designed to help you understand your rights and, if […]
April 2007 / 1 min.
Legal Impossibility in Sherlock Holmes
It was in the spring of the year 1894 that all London was interested, and the fashionable world dismayed, by the murder of the Honourable Ronald Adair under most unusual and inexplicable circumstances…. For an instant he was rigid and motionless. Then his finger tightened on the trigger. There was a strange, loud whiz and […]
April 2007 / 2 min.
Katz and Berger and a “Reasonable Expectation of Privacy”
Question: Do Katz and Berger support the concept that a “reasonable expectation of privacy” determines when a “search” or “seizure” has occurred in violation of the Fourth Amendment? In Katz, the majority opinion speaks of justifiable reliance determining what is a “search and seizure”: “[t]he Government’s activities in electronically listening to and recording the petitioner’s […]
March 2007 / 3 min.
Gaps Between Teaching and Skills in Law
A large majority of lawyers perceive critical gaps between what they are taught in law schools and the skills they need in the workplace, and appropriate technologies are not being used to help close this gap. aEUR” Gene Koo, New Skills, New Learning: legal education and the promise of technology I can attest to this. […]
March 2007 / 1 min.
Reasonable Expectations of Privacy in Civilian and Military Workplaces
United States v. Long, 64 M.J. 57 (2006) Appellee was charged with unlawful drug use violating Unif. Code Mil. Justice art. 112a, 10 U.S.C.S. ASS 912a. Defense motions to suppress incriminating e-mails seized from appellee’s account on a government computer on a claim that the search was unauthorized were denied, and appellee was convicted. The […]
March 2007 / 2 min.
Deference to Congress’ Findings
To defer to Congress without sufficient review would ignore the Supreme Court’s constitutional role: “It is emphatically the province and duty of the judicial department to say what the law is.” Marbury v. Madison, 5 U.S. 137, 177 (1803). Allowing Congress to force the Court through one-sided “findings of fact” to declare a statute constitutional […]
March 2007 / 2 min.
The Particularity of Paratext
It is important to realize that paratext and other codes and signs in the work do not merely exist (though they may occupy many levels of intentionality, from completely unintentional on the part of the author but intended by the editor to intentional on the part of the author to unintended by everyone involved): they […]
March 2007 / 1 min.
New Jersey and the Right to Privacy
[T]he right to privacy of New Jersey citizens under our State Constitution has been expanded to areas not afforded such protection under the Fourth Amendment… . [O]nly New Jersey appears to have recognized a right to what has been called “informational privacy.” In general, “informational privacy encompasses any information that is identifiable to […]
March 2007 / 2 min.
Search & Seizure of Stored Email
Can the government conduct secret, warrantless searches and seizures of email stored with a third party? In Warshak v. United States, the 6th U.S. Circuit Court of Appeals is currently considering the issue of government access to stored electronic mail without a probable-cause warrant. The appeal originated out of a district court finding that stored […]
March 2007 / 1 min.