Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 9 of 9
Full-Text Articles in Law
Privacy Law Fundamentals, Daniel J. Solove, Paul M. Schwartz
Privacy Law Fundamentals, Daniel J. Solove, Paul M. Schwartz
GW Law Faculty Publications & Other Works
"Privacy Law Fundamentals" 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. Included here for download are The Table of Contents and Chapter 1.
The book explains the major provisions of all of the major privacy statutes, regulations, cases, including state privacy laws and FTC enforcement actions. It provides numerous charts and tables summarizing the privacy statutes (i.e. statutes with private rights of action, preemption, and liquidated damages, among other things). Topics covered include: the media, domestic law enforcement, national security, government …
The Enduring Connections Between Law And Culture: Reviewing Lawrence Rosen, Law As Culture, And Oscar Chase, Law, Culture, And Ritual, Paul Schiff Berman
The Enduring Connections Between Law And Culture: Reviewing Lawrence Rosen, Law As Culture, And Oscar Chase, Law, Culture, And Ritual, Paul Schiff Berman
GW Law Faculty Publications & Other Works
In an era of globalization, "culture" is sometimes treated as a dirty word. For those who see the world as increasingly "flat," culture can seem to be merely a retrograde imposition of local prerogative that stands in the way of progress. Likewise, those who seek greater harmonization of human rights norms, commercial trade rules, or other legal standards may view culture as simply a monkey wrench in the machinery of global consensus and cooperation. In such debates, culture is often conceptualized as fundamentally pre-modern, something "they" cling to, but that "we" have long since jettisoned.
Two recent books - Law …
Three Concepts Of The Independent Director, Donald C. Clarke
Three Concepts Of The Independent Director, Donald C. Clarke
GW Law Faculty Publications & Other Works
Despite the surprisingly shaky support in empirical research for the value of independent directors, their desirability seems to be taken for granted in policy-making circles. Yet important elements of the concept of and rationale for independent directors remain curiously obscure and unexamined. As a result, the empirical findings we do have may be misapplied, and judicial gap-filling may be harder than imagined when legislative intent cannot be divined or is contradictory.
This article attempts to unpack the concept broadly understood by the term independent director and to distinguish among its various concrete manifestations. In particular, I discuss the critical differences …
Global Legal Pluralism, Paul Schiff Berman
Global Legal Pluralism, Paul Schiff Berman
GW Law Faculty Publications & Other Works
This Article grapples with the complexities of law in a world of hybrid legal spaces, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes. In order to conceptualize this world, I introduce literature on legal pluralism, and I suggest that, following its insights, we need to realize that normative conflict among multiple, overlapping legal systems is unavoidable and might even sometimes be desirable, both as a source of alternative ideas and as a site for discourse among multiple community affiliations. Thus, instead of trying to stifle conflict either through an imposition of sovereigntist, territorially-based, …
Law And Society Approaches To Cyberspace, Paul Schiff Berman
Law And Society Approaches To Cyberspace, Paul Schiff Berman
GW Law Faculty Publications & Other Works
This is the introductory essay to an edited collection titled Law and Society Approaches to Cyberspace and published by Ashgate Publishing. Accordingly, the essay first considers what qualifies as a law and society approach to any particular subject. Then, I address questions about what it means to study cyberspace, surveying some of the academic literature on the subject and identifying three distinct waves of scholarship about the Internet since the mid 1990s. I also discuss some of the major theoretical fault lines that have emerged during this period. Finally, the essay summarizes each of the contributions to the volume, which …
Behavioral Biology, The Rational Actor Model, And The New Feminist Agenda, Naomi R. Cahn, June Carbone
Behavioral Biology, The Rational Actor Model, And The New Feminist Agenda, Naomi R. Cahn, June Carbone
GW Law Faculty Publications & Other Works
In this paper, we will incorporate gender consciousness into critiques of the rational actor model by revisiting Carol Gilligan's account of moral development. Economics itself, led by the insights that have come from game theory, is reexamining trust, altruism, reciprocity and empathy. Behavioral economics, defined as "the combination of psychology and economics that investigates what happens in markets in which some of the agents display human limitations and complications," further explores the implications of a more robust conception of human motivation. We argue that the most likely source for a comprehensive theory will come from the integration of behavioral economics …
Towards A Cosmopolitan Vision Of Conflict Of Laws: Redefining Governmental Interests In A Global Era, Paul Schiff Berman
Towards A Cosmopolitan Vision Of Conflict Of Laws: Redefining Governmental Interests In A Global Era, Paul Schiff Berman
GW Law Faculty Publications & Other Works
It has now been ten years since the idea of global online communication first entered the popular consciousness. And while the internet has undoubtedly opened up new worlds of interaction and cooperation across borders, this increased transnational activity has also at times inspired parochialism, at least among the legislatures and courts of nation-states around the globe. Such assertions of national authority have helped to reawaken scholarly interest in the classic triumvirate of topics historically grouped together under the rubric of conflicts of laws: jurisdiction, choice of law, and recognition of judgments.
In a previous article, I argued that territorially-based conceptions …
From International Law To Law And Globalization, Paul Schiff Berman
From International Law To Law And Globalization, Paul Schiff Berman
GW Law Faculty Publications & Other Works
International law's traditional emphasis on state practice has long been questioned, as scholars have paid increasing attention to other important - though sometimes inchoate - processes of international norm development. Yet, the more recent focus on transnational law, governmental and non-governmental networks, and judicial influence and cooperation across borders, while a step in the right direction, still seems insufficient to describe the complexities of law in an era of globalization. Accordingly, it is becoming clear that "international law" is itself an overly constraining rubric and that we need an expanded framework, one that situates cross-border norm development at the intersection …
Puzzling Observations In Chinese Law: When Is A Riddle Just A Mistake?, Donald C. Clarke
Puzzling Observations In Chinese Law: When Is A Riddle Just A Mistake?, Donald C. Clarke
GW Law Faculty Publications & Other Works
Understanding the Chinese legal system is not simple because it is (probably) very different from a Western one. The understanding of the Chinese legal system that results from any study will depend crucially on the selection of a paradigm with which to define what counts as an observation and against which to measure and assess the observations, either descriptively or normatively. This is not to say that the selection of a paradigm will make the difference between understanding and not understanding. It will, however, make a difference between understanding in one way and understanding in another way. Whether one of …