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Exclusionary Amenities in Residential Communities
This essay identifies an important mechanism by which segregation arises in new residential developments. The Fair Housing Act and other antidiscrimination laws closely regulate real estate sales,Expand
A Social Networks Theory of Privacy
It is argued that insights from the literature on social networks and information dissemination can help provide courts with satisfying answers to these central questions in privacy law, and that such an approach, which treats the privacy question as an empirical one, is more attractive than any other method of establishing whether the plaintiff had a reasonable expectation of privacy in the information at issue. Expand
Shining a Light on Dark Patterns
Dark patterns are user interfaces whose designers knowingly confuse users, make it difficult for users to express their actual preferences, or manipulate users into taking certain actions. TheyExpand
Charismatic Code, Social Norms, and the Emergence of Cooperation on the File-Swapping Networks
In this paper Professor Strahilevitz addresses the question of why individual members of peer-to-peer file-swapping networks such as Napster, Gnutella, and Kazaa consciously choose to share theirExpand
Interpreting Contracts via Surveys and Experiments
Interpreting the language of contracts is the most common and least satisfactory task courts perform in contract disputes. This article proposes to take much of this task out of the hands of lawyersExpand
Toward a Positive Theory of Privacy Law
Privacy law creates winners and losers. The distributive implications of privacy rules are often very significant, but they are also subtle. Policy and academic debates over privacy rules tend toExpand
Information Asymmetries and the Rights to Exclude
This article addresses a central question in property theory: In a world where an owner can exercise the right to exclude third parties from his resource in any of several ways, what causes him toExpand
The Right to Destroy
Do you have the right to destroy that which is yours? This paper addresses that fundamental question. In contested cases, courts are becoming increasingly hostile to owners' efforts to destroy theirExpand
The Myth of Fourth Amendment Circularity
The Supreme Court’s decision in Katz v. United States made peoples’ reasonable expectations of privacy the touchstone for determining whether state surveillance amounts to a search under the FourthExpand
Is Privacy Policy Language Irrelevant to Consumers?
This article reports the results of two experiments in which large, census-weighted samples of Americans read short excerpts from Facebook’s, Yahoo’s, and Google’s privacy policies, which are atExpand