PRIVACY + SECURITY BLOG

News, Developments, and Insights

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The Three General Approaches to Privacy Regulation

Three Approaches to Privacy Law

These days, the debate about a federal comprehensive privacy law is buzzing louder than ever before. A number of bills are floating around Congress, and there are many proposals for privacy legislation by various groups, organizations, and companies.  As proposals to regulate privacy are debated, it is helpful to distinguish between three general approaches to […]

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Losing Our Religion

Balkin Constitutional Redemption

I thoroughly enjoyed Jack Balkin’s Constitutional Redemption, and I found myself largely in agreement with many of Jack’s major claims.   But overall, I find it hard to share his optimism. At its core, Balkin’s constitutional jurisprudence is one founded upon faith — a faith in redemption.  He concludes his book with the following paragraph (SPOILER […]

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The Relationship Between Theory and Practice

Library

The longstanding attacks on legal scholarship all seem to assume a particular relationship between theory and practice, one that I believe is flawed.  Recently, I responded to one such critique.  There are others, with Justice Roberts and many other judges and practitioners claiming that legal scholarship isn’t worth their attention and isn’t useful to the […]

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On the New York Times and Legal Education

Legal Education

Much has already been written about David Segal’s article in the N.Y. Times, What They Don’t Teach Law Students: Lawyering.  I join the strong critiques of this piece in condemning it as a lousy piece of journalism — more of a one-sided hack job, riddled with errors.  It belongs on the op-ed page of a […]

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An Interview with Lior Strahilevitz about Information and Exclusion

Strahilevitz Information and Exclusion

Lior Strahilevitz, Deputy Dean and Sidley Austin Professor of Law at the University of Chicago Law School recently published a brilliant new book, Information and Exclusion (Yale University Press 2011).  Like all of Lior’s work, the book is creative, thought-provoking, and compelling.  There are books that make strong and convincing arguments, and these are good, […]

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Rethinking the Concept of “Personally Identifiable Information” (PII)

PII

Professor Paul Schwartz (Berkeley Law School) and I have just posted our new article to SSRN: The PII Problem: Privacy and a New Concept of Personally Identifiable Information, 86 N.Y.U. L. Rev. — (forthcoming Nov. 2011).  Here’s the abstract: […]

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New Privacy Law Reference Book: Privacy Law Fundamentals

Privacy Law Fundamentals

Professor Paul Schwartz (Berkeley School of Law) and I recently published a new book, PRIVACY LAW FUNDAMENTALS.  This book is a distilled guide to the essential elements of U.S. data privacy law. In an easily-digestible format, the book covers core concepts, key laws, and leading cases. […]

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How to Fix the Supreme Court Justice Confirmation Process

Supreme Court Justices

There are few defenders of the Supreme Court Justice confirmation process. Every time it occurs, we go through a charade of hearings, where candidates are coy about their positions on most issues and talk about “neutrality” and being a mere “umpire.” Who are they kidding? We all know that no judge is neutral or a […]

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