Privacy Law’s Indeterminacy
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Ryan Calo
Abstract
Fools rush in.[1]
She who hesitates is lost.[2]
American legal realism numbers among the most important theoretical contributions of legal academia to date. Given the movement’s influence, as well as the common centrality of certain key figures, it is surprising that privacy scholarship in the United States has paid next to no attention to the movement. This inattention is unfortunate for several reasons, including that privacy law furnishes rich examples of the indeterminacy thesis — a key concept of American legal realism — and because the interdisciplinary efforts of privacy scholars to explore extra-legal influences on privacy law arguably further the plot of legal realism itself.
© 2019 by Theoretical Inquiries in Law
Artikel in diesem Heft
- Frontmatter
- Privacy Law’s Indeterminacy
- Turning Privacy Inside Out
- Re-reading Westin
- Privacy as Protection of the Incomputable Self: From Agnostic to Agonistic Machine Learning
- Schrödinger’s Robot: Privacy in Uncertain States
- Privacy and Manipulation in the Digital Age
- Grappling with “Data Power”: Normative Nudges from Data Protection and Privacy
- Contextual Integrity Up and Down the Data Food Chain
- A Process-based Approach to Informational Privacy and the Case of Big Medical Data
- The Right to Communications Confidentiality in Europe: Protecting Privacy, Freedom of Expression, and Trust
- Theorizing Privacy in a Liberal Democracy: Canadian Jurisprudence, Anti-Terrorism, and Social Memory After 9/11
- Synthesis and Satisfaction: How Philosophy Scholarship Matters
Artikel in diesem Heft
- Frontmatter
- Privacy Law’s Indeterminacy
- Turning Privacy Inside Out
- Re-reading Westin
- Privacy as Protection of the Incomputable Self: From Agnostic to Agonistic Machine Learning
- Schrödinger’s Robot: Privacy in Uncertain States
- Privacy and Manipulation in the Digital Age
- Grappling with “Data Power”: Normative Nudges from Data Protection and Privacy
- Contextual Integrity Up and Down the Data Food Chain
- A Process-based Approach to Informational Privacy and the Case of Big Medical Data
- The Right to Communications Confidentiality in Europe: Protecting Privacy, Freedom of Expression, and Trust
- Theorizing Privacy in a Liberal Democracy: Canadian Jurisprudence, Anti-Terrorism, and Social Memory After 9/11
- Synthesis and Satisfaction: How Philosophy Scholarship Matters