Notes

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Orin Kerr: trespass was never the exclusive Fourth Amendment test (2012)

Orin Kerr explains how the modern assumption that traditional Fourth Amendment doctrine revolved around the law of trespass is wrong.

June 2018 / 2 min.


Protecting the nation’s private homes by policing the public sphere

From Molly McGarry: “Beginning in the 1860s, reformers attempted to protect the nation’s private homes by policing the public sphere.”

June 2018 / 1 min.


The postal network is a liminal space between public and private

Molly McGann: “The Comstock Law shifted censorship from the urban public sphere to the liminal space between the public sphere and private sphere.”

June 2018 / 1 min.


Lesson from the last week of my first online class: don’t try to duplicate the in-person experience

The key takeway: online classes are nothing like in-person classes, and we should treat them that way.

May 2018 / 3 min.


Science, Religion, and Temperance: pamphlets from 1880

Science combined with religion to play an important role in justifying and enabling new intrusions into the private lives of Americans leading up to Prohibition.

May 2018 / 1 min.


The Radical Remedy in Social Science (1887): Eugenics

From an 1887 book arguing for eugenics as part of public health and education.

April 2018 / 1 min.


The form of letters forces relationships

The form of letters imposes obligations, emphasizes authority, and exerts certain kinds of authority.

April 2018 / 1 min.


“The Adulteration of Intelligence” (1883)

In 1883, journalist Charles T. Congdon wrote an article, “The Adulteration of Intelligence,” warning about power of the press if misused (and when combined with control of telegraph wires and wire services).

March 2018 / 2 min.


Attacks on government related to the telegraph in the nineteenth century

In a 1983 article, “The Rise of Communications Regulation: The Telegraph Industry, 1844-1880,” Richard B. Du Boff discusses the growing power of industry (Western Union, especially) and the resistance of the growing telegraphic monopoly to government regulation—even as it routinely accepted government subsidies.

March 2018 / 1 min.


What Place for Family Privacy? (1999)

A look at points relevant to my dissertation from a Martha Albertson Fineman law-review article on privacy and the family.

March 2018 / 5 min.