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- 상세정보
Privacy and the American Constitution :New Rights Through Interpretation of an Old Text
Heffernan, William C
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- 도서 상세정보
| 자료유형 | 단행본 |
|---|---|
| 개인저자 | Heffernan, William C |
| 서명/저자사항 | Privacy and the American Constitution :New Rights Through Interpretation of an Old Text:Heffernan, William C. |
| 발행사항 | Cham :Springer International Publishing,2016. |
| 형태사항 | 1 online resource (347 pages). |
| 기타형태 저록 | Print version: Heffernan, William C. Privacy and the American Constitution : New Rights Through Interpretation of an Old Text. Cham : Springer International Publishing, ©2016, 9783319431345 |
| ISBN | 9783319431352 3319431358 |
| 일반주기 |
Back to Basics: The Forbearance Model of Informational Privacy Protection.
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| 내용주기 | Privacy and the American Constitution; Acknowledgements; Contents; List of Tables; Introduction; Accommodating Constitutional Afterthoughts: Supplementing the Enumeration of Rights while Bypassing Article V; The Modern System of Privacy Rights; Insuring Privacy Against Incursions by the Surveillance State; The Plan of the Book; Part I Moving from the Said to the Unsaid; Chapter 1: Constitutional Afterthoughts; Amendment vs. Interpretation: Two Options for Supplementing the Text's Enumeration of Rights and Powers. Interpretive Supplementation in the Immediate Post-Ratification Era: The Madisonian Framework Chapter 2: The Right to Wear a Hat-and Other Afterthoughts; The Logic of Rights-Supplementation; An Implied First Amendment Right to Perform Music; Chapter 3: Developmental Supplementation; Interpretive Supplementation and the Problematic Quest for a Textual Home for Unmentioned Rights; Bolling's Exercise in Developmental Supplementation; Part II A Genealogy of Constitutional Privacy Rights; Chapter 4: From Property to Privacy: The Eighteenth Century Background. The Republican Context of American ConstitutionalismMadison's Expansive Conception of Property; Chapter 5: The Emergence of Privacy Norms in Nineteenth Century America; The Structure of Privacy Conventions I: Rules for Objects Deemed Intrinsically Private; The Structure of Privacy Conventions II: Insider Signals to Outsiders; Privacy Conventions in Nineteenth Century America; Chapter 6: The Nineteenth Century Court Reads the Eighteenth Century Text; Pre-Boyd Case Law; Boyd; The Transformative Power of an Invocation of Tradition. Chapter 7: From Thoughts and Beliefs to Emotions and Sensations: Brandeis on the Right to Be Let AloneThe Brandeis Right in Common Law Garb; The Brandeis Right in Constitutional Garb; The Scope of Brandeis's Constitutional Right; Chapter 8: An Exercise in Supplementation That Failed: The Rise and Fall of Freedom of Contract; Regulation on Behalf of the Common Good: The Republican Heritage; Lochner's Recalibration of the Scope of the Police Power; Recalibrating the Lochner Recalibration; Post-Lochner Supplementation Options; Part III The Modern System of Privacy Rights. Chapter 9: Ambitious Supplementation: Griswold on Penumbral Emanations from the Bill of RightsThe Griswold Exercise in Developmental Supplementation; The System of Privacy Rights in Modern Constitutional Law; Chapter 10: Unobtrusive Supplementation: Katz, Whalen, and the New Era of Informational Privacy; Government Access to Personal Information: From Surveillance to Use to Disclosure; Katz; Whalen; Chapter 11: Informational Privacy Imperiled: Protecting Core Elements of Personal Control while Insuring Public Safety; The Surveillance (and Data-Accumulating) State. |
| 요약 | This book explains a paradox in American constitutional law: how a right not discussed during the ratification debates at Philadelphia and not mentioned in the text has become a core component of modern freedom. Rather, privacy is a constitutional afterthought that has gained force through modern interpretations of an old text. Heffernan defends privacy rights against originalist objections to its inclusion in modern constitutional doctrine, analyzes the structure of privacy claims, and provides a blueprint for protecting privacy against government incursion. The book will appeal to a wide audience of students and researchers of criminal procedure, constitutional history, law-and-society, and sociology of law. Lawyers will find this book extremely valuable in addressing the statutory issues associated with modern privacy law. At last, a book about constitutional interpretation that speaks plain English and makes sense. It's the best work I know on the subject, yet that subject is not the one it's mostly about. The book mostly tells the story of the constitutional right to privacy and how it emerged from provisions that at the outset were not much about privacy at all. On that subject, the book is definitive. It's also fascinating, probing, engaging, insightful, and wonderfully presented. Privacy and the American Constitution is a stellar contribution to knowledge. Albert W. Alschuler, Julius Kreeger of Law and Criminology, Emeritus, University of Chicago A powerful and innovate contribution to constitutional law. Not only does Heffernan offer us a fascinating and persuasive account of how modern constitutional rights grew out of the personal space offered to us in an earlier era, he also explains why privacy rights deserve the newfound importance they have in our modern jurisprudence, based upon the same Madisonian approach to constitutional interpretation that justifies other central parts of modern constitutional law. Marc Jonathan Blitz, Alan Joseph Bennett Professor of Law, Oklahoma City University School of Law. |
| 주제명(단체명) | United States. |
| 일반주제명 | SOCIAL SCIENCE -- Criminology. Privacy, Right of -- United States. Privacy, Right of. |
| 주제명(지명) | United States.fast |
| 바로가기 | URL |
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