The Turducken: a Fitting Metaphor in Privacy Law

As featured on NYTimes’ Sidebar.

Maybe the courts are getting hipper or maybe it’s the boomers discovering things like facebook, nose rings, and tweeting. Chief Judge Alex Kozinski of the United States Court of Appeals for the Ninth Circuit wrote in his dissent: “It’s a bit like building a dinosaur from a jawbone or a skull fragment, and the result looks more like a turducken.” On the other hand this is the most delicious metaphor since Holmes so eloquently equated “chicken and dumplings” to the plain meaning rule and the parole evidence rule.

See page 1052

Nelson v. National Aeronautics and Space Admin., 568 F. 3d 1028 (2009).

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