California Constitutional Law: Privacy

California voters passed Proposition 11 (the Privacy Initiative) in 1972, amending the state constitution to include a fundamental right to privacy. The ballot arguments for Proposition 11 expressed the voters’ intent to set a high bar for invaders to justify privacy invasions: requiring a compelling public need. For the first twenty years of the new constitutional privacy right’s existence, courts required invaders of individual privacy to meet the compelling public need standard to justify such invasions. Yet the courts reversed course in 1994, abandoned the compelling public need standard, and have since applied a standard that perverts the electorate’s intent: now, the individual must establish a compelling privacy interest against invasions. This approach to California’s constitutional privacy right has sabotaged the Privacy Initiative. This Article presents six substantive arguments for abandoning the current approach and returning this area of the law to its original intent. This Article supports its substantive analysis with an empirical case study showing that the current approach maimed California’s constitutional privacy right. It’s time to reset this area of the law. California courts should abandon the current analytical approach to the state’s constitutional privacy right and restore the original interpretation of the Privacy Initiative: the compelling public need test that the voters intended

The Seventeenth Data Release of the Sloan Digital Sky Surveys: Complete Release of MaNGA, MaStar and APOGEE-2 Data

This paper documents the seventeenth data release (DR17) from the Sloan Digital Sky Surveys; the fifth and final release from the fourth phase (SDSS-IV). DR17 contains the complete release of the Mapping Nearby Galaxies at Apache Point Observatory (MaNGA) survey, which reached its goal of surveying over 10,000 nearby galaxies. The complete release of the MaNGA Stellar Library (MaStar) accompanies this data, providing observations of almost 30,000 stars through the MaNGA instrument during bright time. DR17 also contains the complete release of the Apache Point Observatory Galactic Evolution Experiment 2 (APOGEE-2) survey which publicly releases infra-red spectra of over 650,000 stars. The main sample from the Extended Baryon Oscillation Spectroscopic Survey (eBOSS), as well as the sub-survey Time Domain Spectroscopic Survey (TDSS) data were fully released in DR16. New single-fiber optical spectroscopy released in DR17 is from the SPectroscipic IDentification of ERosita Survey (SPIDERS) sub-survey and the eBOSS-RM program. Along with the primary data sets, DR17 includes 25 new or updated Value Added Catalogs (VACs). This paper concludes the release of SDSS-IV survey data. SDSS continues into its fifth phase with observations already underway for the Milky Way Mapper (MWM), Local Volume Mapper (LVM) and Black Hole Mapper (BHM) surveys

The Seventeenth Data Release of the Sloan Digital Sky Surveys:complete release of MaNGA, MaStar and APOGEE-2 data

This paper documents the seventeenth data release (DR17) from the Sloan Digital Sky Surveys; the fifth and final release from the fourth phase (SDSS-IV). DR17 contains the complete release of the Mapping Nearby Galaxies at Apache Point Observatory (MaNGA) survey, which reached its goal of surveying over 10,000 nearby galaxies. The complete release of the MaNGA Stellar Library accompanies this data, providing observations of almost 30,000 stars through the MaNGA instrument during bright time. DR17 also contains the complete release of the Apache Point Observatory Galactic Evolution Experiment 2 survey that publicly releases infrared spectra of over 650,000 stars. The main sample from the Extended Baryon Oscillation Spectroscopic Survey (eBOSS), as well as the subsurvey Time Domain Spectroscopic Survey data were fully released in DR16. New single-fiber optical spectroscopy released in DR17 is from the SPectroscipic IDentification of ERosita Survey subsurvey and the eBOSS-RM program. Along with the primary data sets, DR17 includes 25 new or updated value-added catalogs. This paper concludes the release of SDSS-IV survey data. SDSS continues into its fifth phase with observations already underway for the Milky Way Mapper, Local Volume Mapper, and Black Hole Mapper surveys