Computers, Privacy & the Constitution

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MitchellKohlesFirstPaper 5 - 05 Apr 2021 - Main.MitchellKohles
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>		 Mitchell: In revision, I'll make clear that I am not interpreting existing constitutional provisions. I'm trying to imagine judicial interpretation that accounts for duties implicit in constitutional rights and makes something of those duties in assessing an individual's relationship to the state (and the state's power to make laws). Maybe that does mean a serious distinction between constitution and law. That's something I'll think more about.

 

[1] The project for positive rights appears to face a steep uphill battle. For a long-term roadmap to establishing one such positive right, see Erwin Chemerinsky, Making the Case for a Constitutional Right to Minimum Entitlements, 44 Mercer L. Rev. 525 (1993).


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Revision 4r4 - 04 Apr 2021 - 19:17:44 - EbenMoglen
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