Author(s): Amy Kapczynski Year: 2009 Abstract: This paper tells the story of the South African constitutional case of Minister of Health v. Treatment Action Campaign. The case is a celebrated example of successful socio-economic rights litigation because it resulted in a direct order to the government to implement a new health care program – specifically, […]
The Story of the TAC Case: The Potential and Limits of Socio-Economic Rights Litigation in South Africa
Colloquium on Privacy & Security
Author(s): Chris Jay Hoofnagle Year: 2006 Abstract: On November 2-3, 2001, the University of Buffalo sponsored Digital Frontier: The Buffalo Summit 2001. The attendees included Gary M. Schober (Moderator), Shubha Ghosh (Organizer), Ann Bartow, Chris Hoofnagle, and Phyllis Borzi. The participants were drawn from a wide range of specialties, from lawyers and doctors to business-men […]
Space Resources, Common Property, and the Collective Action Problem
Author(s): Robert P. Merges Year: 2007 Abstract: The subjects of lunar mining, asteroidal resource extraction, and orbital solar power are again attracting considerable attention, leading to more discussion of space property rights regimes. This article discusses both private-property regimes and centralized regulatory regimes of the sort envisioned by the 1979 Moon Treaty, and also notes […]
Reconciling Personal Information in the United States and European Union
Author(s): Paul M. Schwartz Year: 2014 Abstract: US and EU privacy law diverge greatly. At the foundational level, they diverge in their underlying philosophy: In the US, privacy law focuses on redressing consumer harm and balancing privacy with efficient commercial transactions. In the EU, privacy is hailed as a fundamental right that trumps other interests. […]
Information Privacy in the Cloud
Author(s): Paul M. Schwartz Year: 2013 Abstract: Cloud computing is the locating of computing resources on the Internet in a fashion that makes them highly dynamic and scalable. This kind of distributed computing environment can quickly expand to handle a greater system load or take on new tasks. Cloud computing thereby permits dramatic flexibility in […]
The EU-U.S. Privacy Collision: A Turn to Institutions and
Author(s): Paul M. Schwartz Year: 2013 Abstract: The European Commission’s release in late January 2012 of its proposed “General Data Protection Regulation” provides a perfect juncture to assess the ongoing EU-U.S. privacy collision. An intense debate is now occurring around critical areas of information policy, including the rules for lawfulness of personal processing, the “right […]
Brief Amici Curiae of Experts in the History of Executive Surveillance: James Bamford, Loch Johnson, and Peter Fenn in First Unitarian Church of Los Angeles v. National Security Agency
Author(s): Jennifer Urban Year: 2013 Abstract: This case presents pressing questions regarding the executive’s power to collect, store, and use Americans’ telephony and other personal data for the purposes of conducting surveillance operations. In the wake of recent disclosures revealing National Security Agency data collection programs, the First Unitarian Church of Los Angeles and 21 other […]
Medieval Guilds Redux: Contemporary Institutions for Collective Invention
Author(s): Robert P. Merges Year: 2004 Abstract: This essay draws on recent scholarship concerning the nature and function of medieval guilds. I argue that certain features of these guilds appear in modem institutions that further collective invention: patent pools, industry-wide standard-setting organizations, informal knowledge exchange among academic scientists, and (in a more limited way) open […]
The Control of Strategic Alliances: An Empirical Analysis of Biotechnology Collaborations
Author(s): Robert P. Merges Year: 2000 Abstract: In this paper, we examine the determinants of control rights in technology strategic alliances between biotechnology firms and pharmaceutical corporations, as well as with other biotechnology firms. We undertake three clinical studies and an empirical analysis of 200 contracts. Consistent with the framework developed by Aghion and Tirole […]
Privacy and Modern Advertising: Most US Internet Users Want ‘Do Not Track’ to Stop Collection of Data about their Online Activities
Author(s): Chris Jay Hoofnagle and Jennifer Urban Year: 2012 Abstract: Most Americans have not heard of ‘Do Not Track,’ a proposal to allow Internet users to exercise more control over online advertising. However, when probed, most prefer that Do Not Track block advertisers from collecting data about their online activities. This is a much more […]