All posts in Jurisprudence and Legal Theory

Losing Our Religion

Daniel Solove
Founder of TeachPrivacy

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 ALERT):

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The Relationship Between Theory and Practice

Daniel Solove
Founder of TeachPrivacy

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 practice of law.

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On the New York Times and Legal Education

Daniel Solove
Founder of TeachPrivacy

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 trashy paper.

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An Interview with Lior Strahilevitz about Information and Exclusion

Daniel Solove
Founder of TeachPrivacy

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, but then there are the rare books that not only do this, but make you think in a different way.  That’s what Lior achieves in his book, and that’s quite an achievement.

I recently had the opportunity to chat with Lior about the book. 

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

Daniel Solove
Founder of TeachPrivacy

PIIProfessor 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

Daniel Solove
Founder of TeachPrivacy

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

Daniel Solove
Founder of TeachPrivacy

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 mere umpire. We all know that the Supreme Court doesn’t divine some objectively true meaning of the Constitution or the laws it interprets. We all know that ideology has some effect on judicial decisions. And we all know that judges don’t find the law but make it.

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Rationalizing Law

Daniel Solove
Founder of TeachPrivacy

Problems with Eyewitness Testimony

For quite a long time, extensive empirical work in psychology, sociology, and behavioral economics has been revealing that many of the law’s most cherished rules are faulty. They are based upon mistaken assumptions about human behavior. They are often flat out wrong. And yet they persist.

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