SLR Online

Response


Immigration to Europe

Response

The Struggle Against Empire Continues

Reflections on Migration as Decolonization
by  Chantal Thomas  

Migration as Decolonization telegraphs the essence of a postcolonial approach to the assertion of sovereign territorial exclusion. Tendayi Achiume’s concept of “de-imperial migration” clarifies and enhances a set of important critiques and should justly impact not just legal scholarship but also broader public discourse. This Response brings out two of the concepts in Migration as Decolonization and relates them to Professor Thomas' earlier discussions of “interconnectedness” between migration-sending and migration-receiving territories.

Volume 72 (2019-2020)

We the People

Response

Madison’s Waiver

Can Constitutional Liquidation Be Liquidated?
by  David S. Schwartz  

Professor William Baude’s recent article Constitutional Liquidation outlines such a theory, by which indeterminate constitutional meaning can be “liquidated”—clarified and settled—through a “course of deliberate practice” by non-judicial public officials. Baude’s article makes a good start but leaves certain critical questions unaddressed. If Baude develops his theory further, he will have to analyze numerous examples of non-judicial precedent to define the contours and limits of liquidation.

Volume 72 (2019-2020)

Law and justice

Response

Continuities, Ruptures, and Causation in the History of American Legal Culture

by  Amalia D. Kessler  

Henry Vanderlyn, an antebellum lawyer from the small town of Oxford, New York, whom I discuss in Inventing American Exceptionalism, kept a daily diary for a thirty-year period and was in the habit of regaling visitors with selected readings from his collected thoughts. Confident that his visitors eagerly attended to his every word, Vanderlyn never…

Volume 70 (2017-2018)

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Response

Data Institutionalism

A Reply to Andrew Woods
by  Zachary D. Clopton  

In Against Data Exceptionalism, Andrew Keane Woods explores “one of the greatest societal and technological shifts in recent years,” which manifests in the “same old” questions about government power. The global cloud is an important feature of modern technological life that has significant consequences for individual privacy, law enforcement, and governance. Yet, as Woods suggests,…

Volume 69 (2016-2017)

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Response

Isolating Litigants

A Response to Pamela Bookman
by  Alan M. Trammell  

This Essay is a response to Pamela K. Bookman’s Litigation Isolationism.

Volume 68 (2015-2016)

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Response

Widening the Aperture on Fourth Amendment Interests

A Comment on Orin Kerr’s The Fourth Amendment and the Global Internet
by  David G. Delaney  

Introduction In The Fourth Amendment and the Global Internet, Orin Kerr highlights several important Fourth Amendment questions that few courts have addressed. But in “offer[ing] a general framework for applying the Fourth Amendment to a global computer network in a way that maintains the existing territorial conception of the Fourth Amendment,” Kerr’s article focuses too narrowly…

Volume 68 (2015-2016)

Response

Privacy and Big Data

by  Symposium Issue  

Although the solutions to many modern economic and societal challenges may be found in better understanding data, the dramatic increase in the amount and variety of data collection poses serious concerns about infringements on privacy. In our 2013 Symposium Issue, experts weigh in on these important questions at the intersection of big data and privacy.

Volume 66 (2013-2014)

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Response

Evaluating Merger Enforcement During the Obama Administration

by  Jonathan B. Baker & Carl Shapiro  

This essay is a reply to Daniel A. Crane’s Has the Obama Justice Department Reinvigorated Antitrust Enforcement?.

Volume 65 (2012-2013)

Response

The Dead Past

by  Alex Kozinski  

I must start out with a confession: When it comes to technology, I’m what you might call a troglodyte. I don’t own a Kindle or an iPad or an iPhone or a Blackberry. I don’t have an avatar or even voicemail. I don’t text. I don’t reject technology altogether: I do have a typewriter—an electric…

Volume 64 (2011-2012)

Response

The Right to Be Forgotten

by  Jeffrey Rosen  

At the end of January, the European Commissioner for Justice, Fundamental Rights, and Citizenship, Viviane Reding, announced the European Commission’s proposal to create a sweeping new privacy right—the “right to be forgotten.” The right, which has been hotly debated in Europe for the past few years, has finally been codified as part of a broad…

Volume 64 (2011-2012)

Response

Famous for Fifteen People

Celebrity, Newsworthiness, and Fraley v. Facebook
by  Simon J. Frankel, Laura Brookover & Stephen Satterfield  

A recent case in the Northern District of California, Fraley v. Facebook,[1] recalls singer-songwriter Momus’s prescient parody of Andy Warhol: “In the future, everyone will be famous for fifteen people.”[2] Although Momus was discussing the revolution in the recording and distribution of music made possible by digital technologies that allowed performers outside the mainstream to…

Volume 64 (2011-2012)

Response

Paving the Regulatory Road to the “Learning Health Care System”

by  Deven McGraw  

The poor quality and high cost of health care in the U.S. is well documented. The widespread adoption of electronic medical records—for purposes of improving quality and reducing costs—is key to reversing these trends.[1] But federal privacy regulations do not set clear and consistent rules for access to health information to improve health care quality.…

Volume 64 (2011-2012)

Response

Yes We Can (Profile You)

A Brief Primer on Campaigns and Political Data
by  Daniel Kreiss  

caucus living within one hundred miles of the straw poll in Ames, Iowa.[1] In the months leading up to the caucuses Mitt Romney’s presidential campaign purchased ads that ran before all YouTube videos watched by voters in Iowa and New Hampshire.[2]Meanwhile, through sophisticated voter modeling, targeted communications based on voters’ political interests, and tracking the…

Volume 64 (2011-2012)

Response

Privacy in the Age of Big Data

A Time for Big Decisions
by  Omer Tene & Jules Polonetsky  

We live in an age of “big data.” Data has become the raw material of production, a new source of immense economic and social value. Advances in data mining and analytics and the massive increase in computing power and data storage capacity have expanded, by orders of magnitude, the scope of information available to businesses,…

Volume 64 (2011-2012)

Response

A Reasonableness Approach to Searches After the Jones GPS Tracking Case

by  Peter Swire C. & William O’Neill Professor  

In the oral argument this fall in United States v. Jones,[1] several Supreme Court Justices struggled with the government’s view that it can place Global Positioning System (GPS) tracking devices on cars without a warrant or other Fourth Amendment limit. Chief Justice Roberts asked: “You think there would also not be a search if you…

Volume 64 (2011-2012)