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Full-Text Articles in Law

The United States, In Comparative Counter-Terrorism, Sudha Setty Jan 2015

The United States, In Comparative Counter-Terrorism, Sudha Setty

Faculty Scholarship

The United States, like all other democratic nations that have suffered terrorist attacks, continues to struggle with questions of how to keep its population safe while maintaining the principles of democracy and the rule of law. This Book Chapter discusses the United States' counterterrorism policies, particularly since the September 11 terrorist attacks, and the resulting changes in societal viewpoints, political agendas, and the legal authority to combat terrorism and threats of terrorism.

The government’s aggressive counterterrorism stance has influenced actions and policies outside the United States. The Author’s exploration of counterterrorism policies in the United States include: criminal law and …


The Pond Betwixt: Differences In The U.S.-Eu Data Protection/Safe Harbor Negotiation, Richard J. Peltz-Steele Jan 2015

The Pond Betwixt: Differences In The U.S.-Eu Data Protection/Safe Harbor Negotiation, Richard J. Peltz-Steele

Faculty Publications

This article analyzes the differing perspectives that animate US and EU conceptions of privacy in the context of data protection. It begins by briefly reviewing the two continental approaches to data protection and then explains how the two approaches arise in a context of disparate cultural traditions with respect to the role of law in society. In light of those disparities, Underpinning contemporary data protection regulation is the normative value that both US and EU societies place on personal privacy. Both cultures attribute modern privacy to the famous Warren-Brandeis article in 1890, outlining a "right to be let alone." But …