PRIVACY + SECURITY BLOG

News, Developments, and Insights

high-tech technology background with eyes on computer display

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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