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Fiduciary CommonsA project of Michael G. Leahy, JD
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The published papers, in reading order

Six articles develop the argument step by step. Each builds on the one before it, and each is available on SSRN.

  1. Data Lakes Are a Choice, Not a Necessity: How Constitutional Architecture Exposes the Convenience ExcuseShows that constitutional compliance is buildable and serves government's hardest cases. SSRN 6212159
  2. Digital General Warrants: Why Government Databases Violate the Fourth AmendmentThe diagnosis: integrated databases carry every characteristic of the general warrant. SSRN 6434318
  3. Government as Information Trustee: A Fiduciary Framework for Surveillance-Age PrivacyThe remedy: the Fourth Amendment as fiduciary charter and the bilateral trust structure. SSRN 6434361
  4. Completing the Mosaic: How a Fiduciary Framework Grounds Aggregate Surveillance Theory in Constitutional StructureDoctrinal completion: moving the test from governmental acts to governmental relationships. SSRN 7138819
  5. The Architecture the Court Cannot Build: Chatrie v. United States and the Case for Fiduciary Governance of Government DataValidation and timing: what the Court identified in Chatrie, and what only legislation can supply. SSRN 7299759
  6. Context as Constitutional Constraint: How Authorized Informational Context Grounds the Fiduciary Duty of LoyaltyThe boundary of loyalty: authority ends at the edge of the relationship that granted it. SSRN 7488359

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