Faculty Profiles

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Publications by Kenneth A. Bamberger




Public Values, Private Infrastructure and the Internet of Things: the Case of Automobiles, 9 J. LAW & ECON. REG. 7 (with D. Mulligan) (forthcoming 2016)

The Coming Design Wars: Addressing Public Values in Technology Choices (with D. Mulligan) (in progress)

Pre-modern Lessons for Post-modern Privacy: Lessons from the Jewish Legal Tradition (in progress)

The Meaning of Cybersecurity (with D. Mulligan) (in progress) (project under a grant from the Berkeley Center for Long-Term Cybersecurity)

What Regulators Can Do to Advance Privacy Through Design, 56 Communications of the ACM 20 (2013)

Privacy in Europe: Initial Data on Governance Choices and Corporate Practices, 81 GEORGE WASHINGTON LAW REVIEW 1529 (with D. Mulligan) (2013) (Chosen as one of the top Privacy Papers of 2013 by the Future of Privacy Forum)

PIA Requirements and Privacy Decisionmaking in U.S. Government Agencies, in PRIVACY IMPACT ASSESSMENTS: ENGAGING STAKEHOLDERS IN PROTECTING PRIVACY (De Hert and Wright, eds.) (with D. Mulligan) (2012) (identified as one of the best works of recent scholarship relating to Corporate Law by JOTWELL, http://corp.jotwell.com/inside-the-black-box/)

Foreword: Technology’s Transformation of the Regulatory Endeavor, 26 BERKELEY TECH. L.J. 1315 (2011)

New Governance, Chief Privacy Officers, and the Corporate Management of Information Privacy in the United States: An Initial Inquiry, 33 LAW & POLICY 477 (2011) (with D. Mulligan) (peer reviewed)

Privacy on the Books and on the Ground, 63 STANFORD LAW REVIEW 247 (2011) (with D. Mulligan) (Chosen as one of the top Privacy Papers of 2010-11 by the Future of Privacy Forum, http://www.futureofprivacy.org/privacy-papers-2010/)

Technologies of Compliance: Risk and Regulation in a Digital Age, 88 TEXAS LAW REVIEW 669 (2010)

Importers as Regulators: Product Safety in a Globalized World, in IMPORT SAFETY: REGULATORY GOVERNANCE IN THE GLOBAL ECONOMY (Coglianese et al, eds.) (2010) (with A. Guzman) - PDF Version (108 Kb)

Chevron's Two Steps, 95 VIRGINIA LAW REVIEW 611 (2009) (with Peter L. Strauss)

Normative Canons in the Review of Administrative Policymaking, 118 YALE LAW JOURNAL 64 (2008)

Keeping Imports Safe: A Proposal for Discriminatory Regulation of International Trade, 96 CALIFORNIA LAW REVIEW 1405 (2008) (with Andrew Guzman)

Privacy Decisionmaking in Administrative Agencies, 75 UNIVERSITY OF CHICAGO LAW REVIEW 75 (2008) (with Deirdre Mulligan)

Global Terror, Private Infrastructure, and Domestic Governance, in 2 THE IMPACT OF GLOBALIZATION ON THE UNITED STATES: LAW AND GOVERNANCE (Beverly Crawford, et al., eds.) (2008)

Regulation as Delegation: Private Firms, Decisionmaking, and Accountability in the Administrative State, 56 DUKE LAW JOURNAL 377 (2006)

At the Intersection of Regulation and Bankruptcy: The Implications of Nextwave, 59 BUSINESS LAWYER 1 (2003)

Provisional Precedent: Protecting Flexibility in Administrative Policymaking, 77 N.Y.U. LAW REVIEW 1272 (2002)

Deference to Legislative Fact Determinations in First Amendment Cases After Turner Broadcasting, 111 HARVARD LAW REVIEW 2312 (1998) - PDF Version (1.22 Mb)


Is Your Data Really Safer in Europe?, CHRISTIAN SCIENCE MONITOR (June 6, 2016)

The Triumph of the Privacy Profession: An Interview with Bamberger and Mulligan, with Daniel Solove, TeachPrivacy (March 23, 2016)

Apple v. FBI: Just One Battle in the 'Design Wars' , THE RECORDER (March 21, 2016, p.6) (with Deirdre K. Mulligan) (republished at law.com)

"The Modern Privacy Function: Balancing Strategy with the Operational", Privacy Perspectives: Ideas and insights on data protection, (April 8, 2013)

"Why Are German and U.S. Practices so Similar, if Their Regulatory Structures Are so Different?", Privacy Perspectives: Ideas and insights on data protection, (March 28, 2013)

"Operationalizing Privacy: How Empowered Is Your Privacy Office?", Privacy Perspectives: Ideas and insights on data protection , (February 27, 2013)

"A Plan to Make Imports Safe", San Francisco Chronicle, Feb. 25, 2009, at A11 (with Andrew Guzman)

"How We Can Protect Ourselves From Unsafe Foreign Goods", San Jose Mercury News, Jan. 27, 2009, at A9, (with Andrew Guzman) - PDF Version (267 Kb)

"Charles Hamilton Houston and the Nobler Tradition of the Harvard Law Review", Harvard Law Bulletin, Summer (1998)