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Table of Contents
Privacy and the American Constitution; Acknowledgements; Contents; List of Tables; Introduction; Accommodating Constitutional Afterthoughts: Supplementing the Enumeration of Rights while Bypassing Article V; The Modern System of Privacy Rights; Insuring Privacy Against Incursions by the Surveillance State; The Plan of the Book; Part I Moving from the Said to the Unsaid; Chapter 1: Constitutional Afterthoughts; Amendment vs. Interpretation: Two Options for Supplementing the Text's Enumeration of Rights and Powers.
Interpretive Supplementation in the Immediate Post-Ratification Era: The Madisonian Framework Chapter 2: The Right to Wear a Hat-and Other Afterthoughts; The Logic of Rights-Supplementation; An Implied First Amendment Right to Perform Music; Chapter 3: Developmental Supplementation; Interpretive Supplementation and the Problematic Quest for a Textual Home for Unmentioned Rights; Bolling's Exercise in Developmental Supplementation; Part II A Genealogy of Constitutional Privacy Rights; Chapter 4: From Property to Privacy: The Eighteenth Century Background.
The Republican Context of American ConstitutionalismMadison's Expansive Conception of Property; Chapter 5: The Emergence of Privacy Norms in Nineteenth Century America; The Structure of Privacy Conventions I: Rules for Objects Deemed Intrinsically Private; The Structure of Privacy Conventions II: Insider Signals to Outsiders; Privacy Conventions in Nineteenth Century America; Chapter 6: The Nineteenth Century Court Reads the Eighteenth Century Text; Pre-Boyd Case Law; Boyd; The Transformative Power of an Invocation of Tradition.
Chapter 7: From Thoughts and Beliefs to Emotions and Sensations: Brandeis on the Right to Be Let AloneThe Brandeis Right in Common Law Garb; The Brandeis Right in Constitutional Garb; The Scope of Brandeis's Constitutional Right; Chapter 8: An Exercise in Supplementation That Failed: The Rise and Fall of Freedom of Contract; Regulation on Behalf of the Common Good: The Republican Heritage; Lochner's Recalibration of the Scope of the Police Power; Recalibrating the Lochner Recalibration; Post-Lochner Supplementation Options; Part III The Modern System of Privacy Rights.
Chapter 9: Ambitious Supplementation: Griswold on Penumbral Emanations from the Bill of RightsThe Griswold Exercise in Developmental Supplementation; The System of Privacy Rights in Modern Constitutional Law; Chapter 10: Unobtrusive Supplementation: Katz, Whalen, and the New Era of Informational Privacy; Government Access to Personal Information: From Surveillance to Use to Disclosure; Katz; Whalen; Chapter 11: Informational Privacy Imperiled: Protecting Core Elements of Personal Control while Insuring Public Safety; The Surveillance (and Data-Accumulating) State.
Interpretive Supplementation in the Immediate Post-Ratification Era: The Madisonian Framework Chapter 2: The Right to Wear a Hat-and Other Afterthoughts; The Logic of Rights-Supplementation; An Implied First Amendment Right to Perform Music; Chapter 3: Developmental Supplementation; Interpretive Supplementation and the Problematic Quest for a Textual Home for Unmentioned Rights; Bolling's Exercise in Developmental Supplementation; Part II A Genealogy of Constitutional Privacy Rights; Chapter 4: From Property to Privacy: The Eighteenth Century Background.
The Republican Context of American ConstitutionalismMadison's Expansive Conception of Property; Chapter 5: The Emergence of Privacy Norms in Nineteenth Century America; The Structure of Privacy Conventions I: Rules for Objects Deemed Intrinsically Private; The Structure of Privacy Conventions II: Insider Signals to Outsiders; Privacy Conventions in Nineteenth Century America; Chapter 6: The Nineteenth Century Court Reads the Eighteenth Century Text; Pre-Boyd Case Law; Boyd; The Transformative Power of an Invocation of Tradition.
Chapter 7: From Thoughts and Beliefs to Emotions and Sensations: Brandeis on the Right to Be Let AloneThe Brandeis Right in Common Law Garb; The Brandeis Right in Constitutional Garb; The Scope of Brandeis's Constitutional Right; Chapter 8: An Exercise in Supplementation That Failed: The Rise and Fall of Freedom of Contract; Regulation on Behalf of the Common Good: The Republican Heritage; Lochner's Recalibration of the Scope of the Police Power; Recalibrating the Lochner Recalibration; Post-Lochner Supplementation Options; Part III The Modern System of Privacy Rights.
Chapter 9: Ambitious Supplementation: Griswold on Penumbral Emanations from the Bill of RightsThe Griswold Exercise in Developmental Supplementation; The System of Privacy Rights in Modern Constitutional Law; Chapter 10: Unobtrusive Supplementation: Katz, Whalen, and the New Era of Informational Privacy; Government Access to Personal Information: From Surveillance to Use to Disclosure; Katz; Whalen; Chapter 11: Informational Privacy Imperiled: Protecting Core Elements of Personal Control while Insuring Public Safety; The Surveillance (and Data-Accumulating) State.