DQ9-Lester

  1. Pay attention to the way Lester summarizes and spins the conversation. What have people been saying, and how will he re-direct thinking about the issue?
  2. Write a 1-sentence summary of each of the sections of the essay (i.e., the sections with subtitles).
  3. What key terms does Lester borrow from his sources? For example, what is a “privacy pragmatist”? List and define 2-4 others.
  4. Which part of Lester’s report is new to you, in other words, what new idea has he given you to think about?
  5. Lester concludes his article by outlining a series of questions that remain to be answered but whose answers will surely be a matter of contention. However, the “one irreducible truth” they reveal, he claims, is that “privacy is not so much a legal or technical concept as a social one” (39).
  • How does this conclusion compare to the claim he set out to develop?
  • Let’s assume that this conclusion is convincing. How has Lester built up to it, or led readers to it? Give specific examples of Lester’s strategies that incline you to agree with his assessment.

DQ7-Bamford

Instead of answering a set of questions about Bamford’s essay, your assignment is to begin making connections between our readings.

How does Bamford’s essay work with our previous readings? For example, how does his work extend ideas we’ve already encountered? Does he work against any of our readings by complicating, raising questions about, or critiquing their points or conclusion?

To prepare for discussion and class work, choose at least one place in Bamford’s essay that works with at least one of our previous readings. Then write a paragraph that does the following:

  1. provides the immediate context
  2. paraphrases and/or quotes the passage or idea
  3. explains what the example means
  4. connects it to another reading using specific details
  5. Explains why these combined points might be important

DQ6-Warren and Brandeis

(pp. 193-97)
  1. Warren and Brandeis begin their essay with a general explanation of how new rights evolve. How do they characterize the trend among new rights, or how do these new rights, generally, compare to existing ones?
  2. What branches of law, or concepts of harm, emerge alongside the development of new rights?
  3. What is the specific prompt or occasion for writing this piece? What is it about “1890″ that makes Warren and Brandeis predict legal change is coming?
  4. What are some the results of these trends? Which, if any, do you see happening today?
  5. Warren & Brandeis don’t at all question the importance of privacy and base their argument on a series of assumptions about its value. Why is privacy so important in the modern age of “1890″? Would we offer the same reasons now? What would we add?
  6. Return to question #1 and notice how W&B set up their essay: they move from the general context to their specific focus. They forecast their “project” (what they’re trying to do and how the essay will develop), and they explain why it matters. In two or three sentences, write a summary of the essay so far.

(pp. 205-07)

7. As legal scholars, Warren and Brandeis cite many precedents (rulings on similar cases made by previous judges) to substantiate their claim or to analyze the previous court’s thinking as a foundation for their own argument. Most of the decisions they discuss might seem to use a “narrow sense” of property (203, 204), but Warren and Brandeis detect “recognitions of a more liberal doctrine” (204) that they call “inviolate personality” (205). Using examples from the text, try to explain this concept and how it differs from property in the narrow sense.

(pp. 219-20)

8. Warren and Brandeis conclude that the “protection of society must come mainly through a recognition of the rights of the individual” (219). Go back to our readings from the New York Times and consider the different conceptions of society we saw there. Where would Warren and Brandeis fit? Explain.

9. In their final sentence, Warren and Brandeis invoke a familiar metaphor:

THE COMMON LAW HAS ALWAYS RECOGNIZED A MAN’S HOUSE AS HIS CASTLE, IMPREGNABLE, OFTEN, EVEN TO ITS OWN OFFICERS ENGAGED IN THE EXECUTION OF ITS COMMANDS. SHALL THE COURTS THUS CLOSE THE FRONT ENTRANCE TO CONSTITUTED AUTHORITY, AND OPEN WIDE THE BACK DOOR TO IDLE OR PRURIENT CURIOSITY? (220)

Building on question #3, what model of social organization does this metaphor support? Is privacy a right that everyone does–or should–enjoy? Why?

Library Assignment

I’ve posted the library assignment, which you can access from the schedule. This assignment is a short project designed to get you into the library (virtually or in person) and working with the finding aids.

We will not be meeting as a class on Monday, nor will you be having a library tutorial that day. You should use class time to complete the assignment. If you have scheduled an appointment to meet with a SASC tutor, you will need to complete the assignment in time to bring it to class on Wednesday.

We WILL have our library tutorial on Wednesday, March 12th. You should expect to bring your completed assignments and “troubleshoot” them with the librarian. I will collect them at the end of our session.