Warren and Brandeis's "The Right to Privacy," with 2010 Foreword
by Steven Alan Childress, J.D., Ph.D., a senior law professor at
Tulane University. Includes photos and rare news clippings. Part of
the "Legal Legends Series" by Quid Pro Books.
The most influential piece of legal scholarship, many scholars
say, is this 1890 "Harvard Law Review" article by two Boston
lawyers (one of whom later became a legendary Supreme Court
Justice). Warren and Brandeis created -- by cleverly weaving
strands of precedent, policy, and logic -- the legal concept of
privacy and the power of legal protection for that right. Their
clear and effective prose stands the test of time, and influenced
such modern notions as "inviolate personality" and law's
"elasticity." They saw the threat of new technology.
Most of all, they asserted the fundamental "right to be let
alone," and its implications to modern law are profound. Their
privacy concept has grown over the decades, now raising issues
about abortion, drug testing, surveillance, sexual orientation,
free speech, the "right to die," and medical confidentiality. All
these spinoffs trace their origins to this master work. It is
simply one of the most significant parts of the modern canon of
law, politics, and sociology.
The extensive new Foreword by Professor Childress shares not
only this import and effect, but also the fascinating backstory
behind the article. Its origins are found in Warren's own prickly
experiences with the press and the "paparazzi" of the day, famously
after their reports about and photos of his family weddings.
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