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thelior.bsky.social
University of Chicago Law Professor who writes about privacy law, property theory, and law & technology. My bio is here: https://www.law.uchicago.edu/faculty/strahilevitz My writing is here: https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=331655
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This is a massive setback for US transportation policy and yet another blow to environmental protection.

Landlords around the U.S. would be allowed to give tenants three days’ notice or less before evicting them, under federal legislation introduced last week that would strip away tenant protections put in place during the pandemic.

I know some people are excited about the football game in New Orleans. But we already know the outcome from today’s most exciting sporting event, the USA Climbing Midwest Division’s Bouldering Championship in Indianapolis. Looking forward to one last trip to Youth Nationals with the boy!

New (short, symposium) paper, "Consumers' Unreasonable Textual Expectations." The Restatement of Consumer Contracts says we should interpret such deals in light of consumers' reasonable expectations. Is that that a coherent method? I discuss. d/l: papers.ssrn.com/sol3/papers....

My new book, You Can't Kill a Man Because of the Books He Reads: Angelo Herndon's Fight for Freedom, is out today. lithub.com/josephine-ba... Thanks to my family, friends, colleagues, and @wwnorton.bsky.social for helping me write about Herndon's fight for free speech and assembly.

Sarah Lee Best, Penn Law '21, was among the other brilliant and much-loved souls taken from us by this tragic plane crash. Sarah simply radiates kindness. She transforms classrooms, schools, and ultimately anything and anyone lucky enough to meet her. 1/3 www.bbc.com/news/article...

Yet another illustration of why data minimization requirements are needed in US privacy law. There’s no good justification to store so much customer geolocation information.

Hey, Property profs:

New draft article! “Standard Textualism” papers.ssrn.com/sol3/papers.... Main claim: Faithful adherence to modern textualism would produce far more standard-like (as opposed to rule-like) law than people have realized. Important implications for textualists AND critics of textualism!

This goes on the reading pile immediately!

A good moment to post for the first time. As I just said on a listserv: Tiktok "is the most pro-data-privacy/pro-data-protection opinion the Supreme Court has ever issued! Now given the track record, maybe that's not saying a lot. And given the unusual context, who knows what can be made of this?"

Prof. @thelior.bsky.social explores whether public awareness is key to overcoming dark patterns. His 2021 paper illuminated challenges posed by the tactic. Now, he explores potential solutions. “The nature of social science research is that whenever you answer one question, it opens up five more.”

Do you want to do the right thing and read this interesting paper now, or would you rather risk everything and read it later, when it might be too late?

Whether you care about fairness or fiscal responsibility, cutting the IRS’s enforcement budget (as many Republicans have proposed) would be an absolute disaster. New evidence from back-to-back studies in the latest @qjeharvard.bsky.social ... (1/4)

Our new research paper just posted! It asks whether dark patterns (manipulative online interfaces) can thwart users who are trying to make privacy-protective choices on a video streaming site. papers.ssrn.com/sol3/papers.... We find that dark patterns are very potent even when users have that goal.

My sense has been that most discussions of the TikTok case have been consumed by questions the Court might not answer. So I've published a post on why the #SCOTUS might uphold the legislation based solely on the protection-of-U.S.-person-data rationale. balkin.blogspot.com/2025/01/tikt...

I ran an experiment to see if any UChicago 1Ls actually read the boilerplate ABA learning outcomes at the end of a 4-page Property law syllabus. Result: One of my students spotted the offer and claimed the free casebook a few hours after I posted the syllabus, several days into their winter break.

I’m among the many admirers of Orin’s influential scholarship on the law of future interests in Ohio and its complex relationship to spousal joint tenancies. Everyone wishes he would write more articles in that vein.

I'm honored to be interviewing Judge David Tatel '66 today at 12:15 @uchicagolaw.bsky.social in a wide-ranging conversation focused on his career and remarkable memoir, Vision. ACS and DRAC are sponsoring this conversation with one of the nation's wisest judges. www.amazon.com/Vision-Blind...

This piece provides a vital response to the “less privacy just means you’ll see better tailored ads” canard.

New paper alert! Excited that my new article "The Invention of Immigration Exceptionalism" has been published by @YaleLJournal. papers.ssrn.com/sol3/papers....

I'm happy to welcome the University of Chicago Law School, @uchicagolaw.bsky.social, to Bluesky! To celebrate the arrival of our official account, here is a starter pack with my faculty colleagues. go.bsky.app/L81ZCoX

I'm happy to welcome the University of Chicago Law School, @uchicagolaw.bsky.social, to Bluesky! To celebrate the arrival of our official account, here is a starter pack with my faculty colleagues. go.bsky.app/L81ZCoX

Today’s Gaetz news is a splendid opportunity to recall the most unintentionally hilarious tweet in the history of legal education…. Imagine the indignity of being et al.ed by the Mooch.