And the 4th Amendment isn't implicated, because it's not a search & seizure.
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shh he's rolling
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this almost as annoying as that first amendment flowchart
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what are law review articles exactly? Why is editing them so prestigious?
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they influence the law. they get cited in decisions. sometimes they turn into legislation.
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for example, a 1990 law review article on fair use reshaped the entire doctrine.
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but that's because it got picked up and incorporated into court decisions.
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4 & 14th Amendment right to privacy is the law. Also the basis for Roe vs Wade. https://en.m.wikipedia.org/wiki/Roe_v._Wade … http://www.dailymail.co.uk/news/article-3488027/Gawker-editor-AJ-Daulerio-refused-college-girl-s-pleas-possible-rape-video.html …
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4th is not the basis for Roe. Roe isn't even relevant. 14th Amendment isn't invoked in the Hogan suit.
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Warren & Brandeis's article was written before pretty much the entire body of First Amendment jurisprudence was created.
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The point is: these issues are not new (article is from 1890). There's loads of case law. GAWKER isn't case of 1st impression.
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There isn't loads of case law. There aren't very many SCOTUS privacy torts cases.
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SCOTUS case law isn't all the case law. Re former, there's BARTNICKI and others. And soon probably Gawker.
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SCOTUS will need to continue to draw the line since there's inherent tension between privacy and press freedom.
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@trengriffin Also, Coase's The Problem of Social Cost is the most-cited article ever, not Brandeis. http://m.law.uchicago.edu/lawecon/coaseinmemoriam/problemofsocialcost … - 1 réponse de plus
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Le chargement semble prendre du temps.
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