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Vol 21 No 11 Nov/Dec 2016

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Criminal Injuries Compensation Claims

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Privacy and the American Constitution: New Rights Through Interpretation of an Old Text

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ISBN13: 9783319431345
Published: November 2016
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £82.00



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

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.

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Subjects:
Other Jurisdictions , USA
Contents:
1. Constitutional Afterthoughts
2. The Right to Wear a Hat-and Other Afterthoughts
3. Developmental Supplementation
4. From Property to Privacy
5. The Emergence of Privacy Norms in Nineteenth Century America
6. The Nineteenth Century Court Reads the Eighteenth Century Text
7. From Thoughts and Beliefs to Emotions and Sensations
8. An Exercise in Supplementation that Failed
9. Ambitious Supplementation
10. Unobtrusive Supplementation
11. Informational Privacy Imperiled
12. Reappraising the Constitutional Past.