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When All You Have Is a Fiduciary

The concept of an "information fiduciary" is a helpful way of describing the privacy interests that users have in data about them held by online platforms. It provides a good starting point for thinking about platforms' recommendations. And it has nothing useful to say about other urgent problems online platforms pose.

Raze and Rebuild the Property Course

“Certainly if we view the common law on the eve of reform, we see the spirit of Heath Robinson at his most extravagant. … It is a real question why nobody before Bentham was provoked, and a part of the answer is that nobody before Blackstone described the system as a whole.” S.F.C. Milson, Historical…