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Comparative and Foreign Law Commons

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Full-Text Articles in Comparative and Foreign Law

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 …


The New American Privacy, Richard J. Peltz-Steele Jan 2014

The New American Privacy, Richard J. Peltz-Steele

Faculty Publications

The European Union sparked an intercontinental furor last year with proposed legislation to supersede the 1995 Data Protection Directive (DPD). The EU Parliament approved legislation in a 49-3 committee vote in October. The text, which is not yet published in its current draft at the time of this writing, may yet be amended before being accepted by the union’s 28 member states. The legislation is billed a money saver because it would harmonize EU member states’ data protection laws, which have diverged under the DPD umbrella. The business community is not convinced, fearful that costly new demands will strain balance …


Kosovo's War Victims: Civil Compensation Or Criminal Justice For Indentity Elimination?, Irene Scharf Jan 2000

Kosovo's War Victims: Civil Compensation Or Criminal Justice For Indentity Elimination?, Irene Scharf

Faculty Publications

This Article is presented in three Parts. The first Part examines the likelihood that the displaced war victims could receive some type of civil compensation for their losses through the local courts in Yugoslavia. Part II scrutinizes the basic international human rights doctrines and systems of enforcement to determine whether they may offer remedies for the victims of identity elimination. Part III explores the likelihood that, through the Yugoslav Tribunal, those responsible for identity elimination may be held criminally responsible for their actions in Kosovo.