Two new looks at “Right to Privacy”


One of Brandeis’ most famous achievements was his “Right to Privacy” article which he co-authored with his then partner Samuel Warren. Two new articles provide new looks at this classic article.

Many scholars and theorists have complained that there really is no right to privacy and that Brandeis and Warren invented it with their article. In “Privacy’s Other Path: Recovering the Law of Confidentiality,” Neil Richards and Daniel Solov argue that there is indeed a common law tradition that protected confidentiality and that Brandeis and Warren built upon that. The article appeared in the November 2007 issue of the Georgetown Law Journal. It’s also available at SSRN:

Also, Amy Gajda takes a look at the events that led to Brandeis and Warren’s decision to the write their article in “What if Samuel D. Warren Hadn’t Married a Senator’s Daughter?: Uncovering the Press Coverage that Led to The Right to Privacy.” The article will be published in an upcoming issue of Michigan State Law Review, but it is now available at SSRN:

Also, for people who want to see what the fuss is all about and don’t have a complete set of the Harvard Law Review at home, “The Right to Privacy” can be found here:

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