Monthly Archives: March 2016

Two Ways of Thinking About the Undue Burden Test After Hellerstedt

By Mary Ziegler* This week, after the Supreme Court heard argument in Whole Women’s Health v. Hellerstedt, it seems tricky to predict the future of abortion rights. Justice Scalia’s passing and the ambiguity of Justice Kennedy’s stand make any bet on the outcome unwise. Just the same, history can still give us a sense of…

The Hodgepodge Principle in US Privacy Policy

By John A. Deighton* Data, says Professor Lawrence Summers, is the new oil, “a hugely valuable asset essential to economic life.” Personal data, the kind of data that invites thoughts of privacy, is a big part of that “hugely valuable asset.” My colleague Peter Johnson and I recently estimated that marketers paid about $200 billion…

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