Forum
“Shall Not Be Construed”: Reversal of Supreme Court Decisions by Constitutional Amendment
John v. Orth
Abstract This Article considers the way in which small changes of wording can signal large changes of thought in the United States Constitution (Constitution). Drawing upon examples found in the Eleventh and Sixteenth Amendments, and in the Reconstruction Amendments, the Article shows that there are two ways to reverse a U.S. Supreme Court decision by […]
Smart Meters as a Catalyst for Privacy Law
Matthew Tokson
Abstract Response to Matthew B. Kugler & Meredith Hurley, Protecting Energy Privacy Across the Public/Private Divide Smart utility meters raise several puzzling legal questions and answering them can help point the way toward the future of Fourth Amendment and civil privacy law. More than any other current technology, smart meters compel the development of use […]
Algorithmic Inclusion
Eldar Haber
Abstract Response to Peter Yu, The Algorithmic Divide and Equality in the Age of Artificial Intelligence Artificial Intelligence (AI) is expected to dramatically change humanity. From the automation of daily tasks and labor, to curing diseases and handling disasters, many forecast that human beings will soon begin enjoying the benefits of AI technology within many […]
Recognizing the Criminal/Civil Divide in the Use of Energy Data
Alexandra B. Klass & Elizabeth J. Wilson
Abstract Response to Professor Matthew Kugler and Meredith Hurley, Protecting Energy Privacy Across the Public/Private Divide In their 2020 Article, Protecting Energy Privacy Across the Public/Private Divide, Professor Matthew Kugler and recent law school graduate Meredith Hurley express concern that the “smart home” revolution poses dangerous privacy risks to homeowners who do not realize that […]
All Alone in Arbitration
David Horton
Abstract Response to Hila Keren, Divided and Conquered: The Neoliberal Roots and Emotional Consequences of the Arbitration Revolution To put it mildly, the relationship between the Federal Arbitration Act (FAA)and class actions is controversial. Since 2010, the U.S. Supreme Court has decided a rash of cases that make it impossible for the millions of consumers […]
If it Ain’t Broke, Don’t Fixate on it: Gadamer, Gedicks, and Original Public Meaning
Michael C. Dorf
Abstract Response to Frederick Mark Gedicks, The “Fixation Thesis” and Other Falsehoods In The “Fixation Thesis” and Other Falsehoods, Professor Frederick Mark Gedicks argues that public meaning originalists are mistaken in their claim that the Constitution today means just what it meant when it was adopted. Unlike living constitutionalists who say that the document’s meaning […]