TortsProf Blog

Editor: Christopher J. Robinette
Southwestern Law School

Wednesday, March 17, 2010

All Things Prosser

Monday was William Prosser's birthday (he was born in 1898 in New Albany, Indiana).  Just in time to celebrate, Neil Richards (Washington University) and Daniel Solove (GW/CoOp) posted to SSRN Prosser's Privacy Law:  A Mixed Legacy.  The abstract provides:

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.

Solove's post at CoOp about the article is here.

Additionally, my piece, The Prosser Notebook, was published last week.  The final version is available here.


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