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Articles 1 - 4 of 4
Full-Text Articles in Law
Empirical Analysis Of Data Breach Litigation, Sasha Romanosky, David A. Hoffman, Alessandro Acquisti
Empirical Analysis Of Data Breach Litigation, Sasha Romanosky, David A. Hoffman, Alessandro Acquisti
All Faculty Scholarship
In recent years, many lawsuits have been filed by individuals seeking legal redress for harms caused by the loss or theft of their personal information. However, very little is known about the drivers, mechanics, and outcomes of those lawsuits, making it difficult to assess the effectiveness of litigation at balancing organizations’ usage of personal data with individual privacy rights. Using a unique and manually-collected database, we analyze court dockets for over 230 federal data breach lawsuits from 2000 to 2010. We investigate two questions: Which data breaches are being litigated, and which data breach lawsuits are settling. Our results suggest …
A Corporate Right To Privacy, Elizabeth Pollman
A Corporate Right To Privacy, Elizabeth Pollman
All Faculty Scholarship
The debate over the scope of constitutional protections for corporations has exploded with commentary on recent or pending Supreme Court cases, but scholars have left unexplored some of the hardest questions for the future, and the ones that offer the greatest potential for better understanding the nature of corporate rights. This Article analyzes one of those questions — whether corporations have, or should have, a constitutional right to privacy. First, the Article examines the contours of the question in Supreme Court jurisprudence and provides the first scholarly treatment of the growing body of conflicting law in the lower courts on …
Public Assistance, Drug Testing, And The Law: The Limits Of Population-Based Legal Analysis, Candice T. Player
Public Assistance, Drug Testing, And The Law: The Limits Of Population-Based Legal Analysis, Candice T. Player
All Faculty Scholarship
In Populations, Public Health and the Law, legal scholar Wendy Parmet urges courts to embrace population-based legal analysis, a public health inspired approach to legal reasoning. Parmet contends that population-based legal analysis offers a way to analyze legal issues—not unlike law and economics—as well as a set of values from which to critique contemporary legal discourse. Population-based analysis has been warmly embraced by the health law community as a bold new way of analyzing legal issues. Still, population-based analysis is not without its problems. At times, Parmet claims too much territory for the population perspective. Moreover, Parmet urges courts …
Toward A Closer Integration Of Law And Computer Science, Christopher S. Yoo
Toward A Closer Integration Of Law And Computer Science, Christopher S. Yoo
All Faculty Scholarship
Legal issues increasingly arise in increasingly complex technological contexts. Prominent recent examples include the Stop Online Piracy Act (SOPA) and the Protect Intellectual Property Act (PIPA), network neutrality, the increasing availability of location information, and the NSA’s surveillance program. Other emerging issues include data privacy, online video distribution, patent policy, and spectrum policy. In short, the rapid rate of technological change has increasingly shown that law and engineering can no longer remain compartmentalized into separate spheres. The logical response would be to embed the interaction between law and policy deeper into the fabric of both fields. An essential step would …