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more on Peter Swire on why Alito's co-authored report isn't very informative [priv]
From: David Farber <dave () farber net>
Date: Thu, 3 Nov 2005 17:53:06 -0500
Begin forwarded message: From: Marc Rotenberg <rotenberg () epic org> Date: November 3, 2005 4:45:21 PM EST To: Peter Swire <peter () peterswire net> Cc: David Farber <dave () farber net>Subject: Re: [IP] Peter Swire on why Alito's co-authored report isn't very informative [priv]
Peter - Your commentary is a little disappointing. - It's an amazing paper - forward-looking, emphatic, and unambiguous. I've read a lot of papers from that era; it's one of the best. - Alito chaired the committee, guided the research, and wrote the foreward - it's difficult to imagine he didn't agree with the bulk of the recommendations - The focus was clearly on legislative reform. That may not tell us much about his views on the Constitutional right of privacy but it suggests a very interesting line of questioning on how a Justice might view statutes that seek to safeguard privacy Roberts, by comparison, went out of his way to argue against federal privacy statutes and even mocked the 1974 reforms in one argument against FERPA. Regards. Marc. On Nov 3, 2005, at 4:13 PM, Peter Swire wrote:
Hi Marc: Hope you are well. Congrats for finding the student paper that Alito helped author. This might have gotten to you from Declan's or Farber's list, butbelow are my 2 cents from having been in the same major at college at Alitoabout what we likely can or cannot learn from the document. Best, Peter P.S. What are you saying about Microsoft's announcement? Prof. Peter P. Swire C. William O'Neill Professor of Law Moritz College of Law of the Ohio State University Visiting Senior Fellow, Center for American Progress (240) 994-4142, www.peterswire.net -----Original Message----- From: David Farber [mailto:dave () farber net] Sent: Thursday, November 03, 2005 2:54 PM To: peter () peterswire net Subject: [IP] Peter Swire on why Alito's co-authored report isn't very informative [priv] Begin forwarded message: From: Declan McCullagh <declan () well com> Date: November 3, 2005 11:14:21 AM EST To: politech () politechbot com Subject: [Politech] Peter Swire on why Alito's co-authored report isn't very informative [priv] Previous Politech message: http://www.politechbot.com/2005/11/02/copy-of-judge/ -------- Original Message -------- Subject: RE: [Politech] Copy of Judge Alito's co-authored report on privacy now available [priv] Date: Thu, 03 Nov 2005 11:00:36 -0500 From: Peter Swire <peter () peterswire net> To: 'Declan McCullagh' <declan () well com> Hi Declan: A few comments on the privacy report from Judge Alito's college days.First, I was in the same major at Princeton as Judge Alito, severalyears behind him. These "policy conference" reports were emphatically group efforts, usually with negotiation, joint drafting, and the other hallmarks of a group project. The final report provides little evidence of any one participant's views. Second, the hot-button part of the story is this recommendation: "The Conference voted to recommend that the current sodomy laws be changed. The Conference believes that no private sexual act between consenting adults should be forbidden." Note the language "the Conference voted." That isthe only indication of voting in the report, suggesting that a minorityobjected. Also, note that this seems like a proposed legislative change --vote to change the laws. So there is no indication of a position on theconstitutional right of privacy. Overall, the report is an impressive student effort to analyze theissues. Many of its recommendations have become law through the PrivacyAct, the Church Commission recommendations, the anti-polygraph law, and so on. The report suggests that Judge Alito studied these issues intensively. It does not tell us what he believed then, or believes now. Peter _______________________________________________ Politech mailing list Archived at http://www.politechbot.com/ Moderated by Declan McCullagh (http://www.mccullagh.org/) ------------------------------------- You are subscribed as peter () peterswire net To manage your subscription, go to http://v2.listbox.com/member/?listname=ipArchives at: http://www.interesting-people.org/archives/interesting- people/
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- more on Peter Swire on why Alito's co-authored report isn't very informative [priv] David Farber (Nov 03)