Media Law Prof Blog

Editor: Christine A. Corcos
Louisiana State Univ.

A Member of the Law Professor Blogs Network

Thursday, April 8, 2010

Re-Examining Prosser

Neil M. Richards, Washington University Law School, and Daniel J. Solove, George Washington Law School, have published Prosser's Privacy Law: A Mixed Legacy , in volume 98 of the California Law Review (2010). Here is the abstract.

 

This article examines the complex ways in which William Prosser shaped the development of the American law of tort privacy. Although Prosser certainly gave tort privacy an order and legitimacy that it had previously lacked, he also stunted its development in ways that limited its ability to adapt to the problems of the Information Age. His skepticism about privacy, as well as his view that tort privacy lacked conceptual coherence, led him to categorize the law into a set of four narrow categories and strip it of any guiding concept to shape its future development. Prosser’s legacy for tort privacy law is thus a mixed one: He greatly increased the law’s stature at the cost of making it less able to adapt to new circumstances in the future. If tort privacy is to remain vital in the future, it must move beyond Prosser’s conception.

Download the Article from SSRN at the link.

 

http://lawprofessors.typepad.com/media_law_prof_blog/2010/04/reexamining-prosser.html

| Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341bfae553ef0133ec8dcee0970b

Listed below are links to weblogs that reference Re-Examining Prosser: