PRIVACY + SECURITY BLOG

News, Developments, and Insights

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Final Version Available: Data Mining and the Security-Liberty Debate

Data Mining

My short essay, Data Mining and the Security-Liberty Debate, 74 U. Chi. L. Rev. 343 (2008) has just been published. I’ve posted the final version on SSRN. You can find the abstract and more information about the essay in a previous post I wrote about the subject here. The essay critiques arguments by Richard Posner […]

More Reflections on Legal Education

Book

Brian Tamanaha has just posted another interesting post in the discussion about legal education. He writes: Most law schools now follow the elite model, striving to hire faculty and produce scholarship like research universities, when it might better serve the interests of many non-elite law schools and their students to concentrate on training good lawyers. […]

Interdisciplinary Scholarship and the Cost of Legal Education

Books

The other day, I responded to a post by Brian Tamanaha regarding interdisciplinary legal study at non-elite law schools. Brian suggested that non-elite schools reconsider whether they ought to pursue interdisciplinary legal scholarship, and I argued that they should. In a follow-up post, Brian has clarified his argument:

Is Interdisciplinary Legal Study a Luxury?

Interdisciplinary Legal Studies

Over at Balkinization, Professor Brian Tamanaha (St. John’s School of Law) argues that most law schools should abandon their vigorous pursuit of interdisciplinary studies in law: [P]erhaps detailed knowledge of the social sciences—anything beyond rudimentary information every educated person should possess—is irrelevant to the practice of law. It seems evident that one can be an […]

Book Review: Lawrence Friedman’s Guarding Life’s Dark Secrets

Guarding Life's Dark Secrets

Professor Lawrence M. Friedman (Stanford Law School) Guarding Life’s Dark Secrets: Legal and Social Controls over Reputation, Propriety, and Privacy (Stanford University Press, November 2007) ISBN: 978-0-8047-5739-3 Professor Lawrence Friedman‘s Guarding Life’s Dark Secrets: Legal and Social Controls over Reputation, Propriety, and Privacy is a wonderful and accessible history of the norms and law that […]

We Hate Rankings, But We Love Them Too

US News Rankings Law Schools

In an earlier post here [link no longer available], Dave Hoffman adds another quibble about Brian Leiter’s citation rankings of law professors. Several others have voiced criticisms about the rankings, including Mary Dudziak and Brian Tamanaha. In the comments to Dave’s post, Marty Lederman and Brian Leiter get into a debate about the rankings, with […]

Noteworthy Privacy Law Scholarship: 2006

Privacy Scholarship

As there are tons of new scholarly works in the privacy law field each year, I thought it might be useful to point out a few books and articles that I found particularly interesting and useful from the past year. This post will cover only those books and articles published in 2006.

Data Mining and the Security-Liberty Debate

Government Data Collection

I’ve written a short essay (about 20 pages), entitled Data Mining and the Security-Liberty Debate, for an upcoming symposium on surveillance for the U. Chicago Law Review. The symposium website is here [link no longer available]. The symposium looks to be a terrific event. The event will be held on June 15-16, 2007 (registration information is available […]

Privacy’s Other Path

Confidentiality 01a

Professor Neil Richards (Washington University School of Law) and I have posted on SSRN our new article, Privacy’s Other Path: Recovering the Law of Confidentiality, 96 Georgetown Law Journal __ (forthcoming 2007). The article engages in an historical and comparative discussion of American and English privacy law, a topic that has been relatively unexplored in America.

NSA Surveillance and the First Amendment

First Amendment

Earlier today, a federal district judge struck down the Bush Administration’s NSA surveillance program which involved intercepting international electronic communications without a warrant. The opinion is available here. I have not had time to read the opinion carefully yet, but I am especially intrigued by the court’s use of the First Amendment as one of the […]