Fifty years ago, federal and state lawmakers called for the regulation of a criminal justice “databank” connecting federal, state, and local agencies. There was bipartisan concern that the system imperiled constitutional commitments and people’s crucial life opportunities, including jobs, education, housing, and licenses. Bipartisan congressional concerns of the 1970s should be cause for re-invigoration, not resignation. Recounting the insights of members of the 93rd and 94th Congresses should embolden us. Their concerns clarify the headwinds that reformers face. Then, as now, powerful interests want us to think that privacy and public safety are incompatible. They want us to view diminished expectations of privacy as acceptable, even valuable. Revisiting this history should remind the public that totalizing surveillance is neither acceptable nor desirable. Privacy can and should be ours.
Liberalism is back on its heels, pushed there by political movements in the United States and Europe and by the critiques of legal scholars and...
We live in a golden age of student surveillance. Some surveillance is old school: video cameras, school resource officers, and tip lines. Old-school...
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Fifty years ago, federal and state lawmakers called for the regulation of a criminal justice “databank” connecting federal, state, and local agencies...
In the last few years, the Supreme Court has upended its doctrine of religious freedom under the First Amendment. The Court has explicitly rejected...
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This chapter provides an overview of computational text analysis techniques used to study judicial behavior and decision-making. As legal texts become...
Generative AI is already beginning to alter legal practice. If optimistic forecasts prove warranted, how might this technology transform judicial...
Working hand-in-hand with the private sector, largely in a regulatory vacuum, policing agencies at the federal, state, and local level are acquiring...
This article argues that the fact that an action will compound a prior injustice counts as a reason against doing the action. I call this reason The...
The demise of Roe v. Wade has raised a host of religious liberty questions that were submerged prior to the Supreme Court’s decision in Dobbs v...
Looking for a federal law to be declared unconstitutional? Religion may well be your best bet -- and that's true regardless of how "real" your...