The study of search, be it by people like David Stark in sociology, or economists or others, I tend to sort of see it in the tradition of a really rich socio-theoretical literature on the sociology of knowledge. And as a lawyer, I tend to complement that by thinking if there’s problems, maybe we can look to the history of communications law.
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Once we understand that legal talismans are protective invocations, we have to be critical of them. Even the ones we like. The shorthand is not comprehensible to users. And the shorthand is not comprehensible to people more generally.