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Full-Text Articles in Law
Towards A Right To Privacy In Transnational Intelligence Networks, Francesca E. Bignami
Towards A Right To Privacy In Transnational Intelligence Networks, Francesca E. Bignami
Faculty Scholarship
Antiterrorism intelligence sharing across national borders has been trumpeted as one of the most promising forms of networked global governance. By exchanging information across the world, government agencies can catch terrorists and other dangerous criminals. Yet this new form of global governance is also one of the most dangerous. Even at the domestic level, secrecy and national security imperatives have placed intelligence agencies largely beyond legal and democratic oversight. But at the global level, accountability is missing entirely. Global cooperation among national intelligence agencies is extraordinarily opaque. The nature of the international system compounds the problem: these actors do not …
Civil Procedure To Enforce Transnational Rights?, Paul D. Carrington
Civil Procedure To Enforce Transnational Rights?, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Civil Society And International Organizations: A Liberal Framework For Global Governance, Francesca E. Bignami
Civil Society And International Organizations: A Liberal Framework For Global Governance, Francesca E. Bignami
Faculty Scholarship
An earlier draft of this Article was presented at a faculty workshop at the University of Illinois College of Law. (Author's Manuscript, March 2005) This analysis of how civil society can contribute to a better system of global governance draws on the political philosophy of civil society and the comparative law of democracy. Its first part describes the civil society phenomenon in three different international organizations: the World Bank, the World Trade Organization, and the European Union. Part Two puts forward the moral principle upon which my argument rests: liberal democracy. The next part sets the stage for the discussion …
European Versus American Liberty: A Comparative Privacy Analysis Of Antiterrorism Data Mining, Francesca E. Bignami
European Versus American Liberty: A Comparative Privacy Analysis Of Antiterrorism Data Mining, Francesca E. Bignami
Faculty Scholarship
It is common knowledge that privacy in the market and the media is protected less in the United States than in Europe. Since the terrorist attacks of September 11, 2001, it has become obvious that the right to privacy in the government sphere too is protected less in the United States than in Europe. This Article brings alive the legal difference by considering the case-real in the United States, hypothetical in Europe-of a spy agency's database of call records, created for the purpose of identifying potential terrorists. Under U.S. law such an antiterrorism database might very well be legal. But …