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Purveyance And Power Or Over-Priced Free Lunch: The Intellectual Property Clause As An Ally Of The Takings Clause In The Public’S Control Of Government, Malla Pollack
Malla Pollack
Government can bypass citizen control if it can use revenue not publicly scrutinized through the public taxing/spending system. One method of bypass is paying with non-monetary compensation such as (i) property, or (ii) the right to charge others for some necessary good or service, intangible property. The Takings/Just Compensation Clause of the Fifth Amendment is one authority controlling government's ability to bypass financial scrutiny. In this article, I argue that the Intellectual Property Clause also should be used to control some governmental bypass. I attempt to justify this suggestion both theoretically and historically. The historical material included focuses on English …
Opt-In Government: Using The Internet To Empower Choice – Privacy Application, Malla Pollack
Opt-In Government: Using The Internet To Empower Choice – Privacy Application, Malla Pollack
Malla Pollack
This article proposes a relatively novel model of government regulation and illustrates how the model might work with respect to Internet privacy protection for U.S. residents. [I suggest "opt-in government" as a practical method to integrate the democratic concept of voice with the market model of choice. "Opt-in government" either (i) creates "a safe place" that persons may enter only if they wish to do so, or (ii) enables a choice that the so-called private sector has not offered.