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Trends in Functionality Jurisprudence: U.S. and E.U. Design Law
No full textProfessor Janis\u27 contribution to this volume is chapter 2 Trends in Functionality Jurisprudence: U.S. and E.U. Design Law, co-authored by Du Mont.https://www.repository.law.indiana.edu/facbooks/1263/thumbnail.jp
How the World\u27s Largest Economies Regulate Data Privacy: Drawbacks, Benefits, & Proposed Solutions
Get PDFNational data privacy regimes are quickly gaining traction and ubiquity around the globe. Moving forward, countries will face a range of difficult decisions surrounding how best to engage internationally in cross border data flow, particularly in the context of personal information (PI).
This article takes a bird\u27s-eye view of the current state of data privacy regimes in the world\u27s four highest GDP regions. In part, this article hopes to provide a succinct analysis of these data privacy regimes, with a focus on the balance they strike between granting individuals rights in their data and placing responsibilities on businesses that deal with PI. Analyzing the world\u27s most economically active countries provides an opportunity to highlight the substantial benefits that data privacy regimes can provide the world\u27s citizens while balancing these benefits against the potential negative economic impact of data privacy regimes. This proposition motivated this article\u27s choice of regions to survey.
Section I provides an overview of the current state of data privacy legislation and regulation in the United States, China, Japan, and the European Union. Section II outlines the drawbacks to some of the common themes that emerge from these surprisingly similar regulatory frameworks. Section III explores the benefits data privacy regimes offer to individuals. Section IV proposes potential solutions to this emerging global governance conundrum
Polish Road Toward an Illiberal State: Methods and Resistance
Get PDFSince 2015, Poland has experienced a backsliding in democratic and rule of law standards. The ruling party, “Law and Justice,” has adopted a series of legislative changes affecting the independence of courts and checks and balances mechanisms. Some reforms were copied from Hungary, which, as the first Member State of the European Union, started the way toward illiberal democracy in contemporary Europe. Despite pressure from international organizations, the process of changes in Poland did not stop. However, it is important to look at methods implemented to dismantling democracy, as they can be used in other countries. This paper also analyzes different forms of domestic and international resistance toward non-democratic changes, including the special role of civil society and lawyers, as well as monitoring and judicial mechanisms used by the European Union
