Ian Huyett, Citation: Ian Huyett, Church History, Liberty, and Political Morality: A Response to Professor Calhoun, 74 Wash. & Lee L. Rev. Online 546 (2018).
In his address, Professor Calhoun used American Christian abolitionism to illustrate the beneficial role that religion can play in political debate. Surveying the past two millennia, I argue that Christian political thought has protected liberty in every era of the church’s dramatic history. Along the way, I rebut critics—from the left and right—who urge that […]
David M. Smolin, Citation: David M. Smolin, America's Creed: The Inevitable, Sometimes Dangerous, Mixing of Religion and Politics, 74 Wash. & Lee L. Rev. Online 512 (2018).
Political and philosophical theorists have often advocated for the exclusion of some or all religious perspectives from full participation in politics. Such approaches create criteria—such as public accessibility, public reason, or secular rationale—to legitimate such exclusion. During the 1990s I argued, as an evangelical Christian, against such exclusionary theories, defending the rights to full and […]
Wayne R. Barnes, Citation: Wayne R. Barnes, The Paradox of Christian-Based Political Advocacy: A Reply to Professor Calhoun, 74 Wash. & Lee L. Rev. Online 489 (2018).
Professor Calhoun, in his Article around which this symposium is based, has asserted that it is permissible for citizens to publicly argue for laws or public policy solutions based on explicitly religious reasons. Calhoun candidly admits that he has “long grappled” with this question (as have I, though he for longer), and, in probably the […]
Samuel W. Calhoun, Separation of Church and State: Jefferson, Lincoln, and the Reverend Martin Luther King, Jr., Show It Was Never Intended To Separate Religion From Politics, 74 Wash. & Lee L. Rev. Online 459 (2018)
This Essay argues that it’s perfectly fine for religious citizens to openly bring their faith-based values to public policy disputes. Part II demonstrates that the Founders, exemplified by Thomas Jefferson, never intended to separate religion from politics. Part III, focusing upon Abraham Lincoln’s opposition to slavery, shows that religion and politics have been continuously intermixed […]
Jeremy Berkowitz, Michael Mangold & Stephen Sharon, Citation: Jeremy Berkowitz, Michael Mangold & Stephen Sharon, Data Flow Maps—Increasing Data Processing Transparency and Privacy Compliance in the Enterprise, 73 Wash. & Lee L. Rev. Online 802 (2017)
In recent years, well-known cyber breaches have placed growing pressure on organizations to implement proper privacy and data protection standards. Attacks involving the theft of employee and customer personal information have damaged the reputations of well-known brands, resulting in significant financial costs. As a result, governments across the globe are actively examining and strengthening laws […]
Chetan Gupta, Citation: Chetan Gupta, The Market’s Law of Privacy: Case Studies in Privacy/Security Adoption, 73 Wash. & Lee L. Rev. Online 756 (2017)
This paper examines the hypothesis that it may be possible for individual actors in a marketplace to drive the adoption of particular privacy and security standards. It aims to explore the diffusion of privacy and security technologies in the marketplace. Using HTTPS, Two-Factor Authentication, and End-to-End Encryption as case studies, it tries to ascertain which […]
Ivan L. Sucharski & Philip Fabinger, Citation: Ivan L. Sucharski & Philip Fabinger, Privacy in the Age of Autonomous Vehicles, 73 Wash. & Lee L. Rev. Online 724 (2017)
To prepare for the age of the intelligent, highly connected, and autonomous vehicle, a new approach to concepts of granting consent, managing privacy, and dealing with the need to interact quickly and meaningfully is needed. Additionally, in an environment where personal data is rapidly shared with a multitude of independent parties, there exists a need […]
Molly Jackman & Lauri Kanerva, Citation: Molly Jackman & Lauri Kanerva, Evolving the IRB: Building Robust Review for Industry Research, 72 Wash. & Lee L. Rev. Online 442 (2016).
Increasingly, companies are conducting research so that they can make informed decisions about what products to build and what features to change.These data-driven insights enable companies to make responsible decisions that will improve peoples’ experiences with their products. Importantly, companies must also be responsible in how they conduct research. Existing ethical guidelines for research do […]
Omar Tene & Jules Polonetsky, Citation: Omer Tene & Jules Polonetsky, Beyond IRBs: Ethical Guidelines for Data Research, 72 Wash. & Lee L. Rev. Online 458 (2016).
Effy Vayena, Urs Gasser, Alexandra Wood, David R. O'Brien, Micah Altman, Citation: 72 Wash. & Lee L. Rev. Online 420 (2016)
Emerging large-scale data sources hold tremendous potential for new scientific research into human biology, behaviors, and relationships. At the same time, big data research presents privacy and ethical challenges that the current regulatory framework is ill-suited to address. In light of the immense value of large-scale research data, the central question moving forward is not […]
Dennis D. Hirsch, Jonathan H. King, Citation: 72 Wash. & Lee L. Rev. Online 406 (2016)
Today, organizations globally wrestle with how to extract valuable insights from diverse data sets without invading privacy, causing discrimination, harming their brand, or otherwise undermining the sustainability of their big data projects. Leaders in these organizations are thus asking: What management approach should businesses employ sustainably to achieve the tremendous benefits of big data analytics, […]
Craig Konnoth, Citation: Craig Konnoth, Classification Standards for Health Information: Ethical and Practical Approaches, 72 Wash. & Lee L. Rev. Online 395 (2016).
Secondary health information research requires vast quantities of data in order to make clinical and health delivery breakthroughs. Restrictive policies that limit the use of such information threaten to stymie this research. While the Notice of Proposed Rulemaking (NPRM) for the new Common Rule permits patients to provide broad consent for the use of their […]
Lieke Jetten & Stephen Sharon, Citation: Lieke Jetten & Stephen Sharon, Selected Issues Concerning the Ethical Use of Big Data Health Analytics, 72 Wash. & Lee L. Rev. Online 486 (2016).
Stephen Y. Chow, Citation: Stephen Y. Chow, DTSA: A Federal Tort of Unfair Competition in Aerial Reconnaissance, Broken Deals, and Employment, 72 Wash. & Lee L. Rev. Online 341 (2015).
This Essay critiques the creation by the 114th Congress of a federal private right of action under the Defend Trade Secrets Act for the state unfair competition cause of trade secret misappropriation hitherto applied mostly to breaches of express or implied confidential relationships between businesses or with employees. The proposed insertion of the Uniform Trade […]
David S. Levine, Citation: 72 Wash. & Lee L. Rev. Online 323 (2015)
Sharon K. Sandeen, Citation: 72 Wash. & Lee L. Rev. Online 308 (2015)
Civil litigation is expensive, both for the party bringing suit and the party that must defend against such claims. For a variety of reasons, not the least of which are the usual requests for preliminary relief and protective orders, trade secret litigation is particularly expensive. These costs can have a crippling effect on small businesses and start-up companies that are […]
Eric Goldman, Citation: 72 Wash. & Lee L. Rev. Online 284 (2015)
Congress is considering the Defend Trade Secrets Act, which would create a new federal trade secret civil cause of action. The Act includes a quirky and unprecedented ex parte procedure for trade secret owners to obtain a seizure order. The seizure provision applies in, at best, a narrow set of circumstances, and it oddly attempts to protect intangible trade secrets […]
Christopher B. Seaman, Citation: 72 Wash. & Lee L. Rev. Online 278 (2015)
Sarah Jane Hughes, Citation: 71 Wash. & Lee L. Rev. Online 51 (2014)
This Essay previews issues raised by the general subject of regulating virtual currencies and the specific efforts of New York State’s Department of Financial Services’ proposed Virtual Currency Regulatory Framework (the BitLicense) in particular. It focuses on five topics in the proposal and their interplay with the current regulation of “money services” and “money transmission” […]
Joshua A.T. Fairfield, Citation: 71 Wash. & Lee L. Rev. Online 36 (2014)
Trustless public ledgers (TPLs)—the technology underneath Bitcoin—do more than just create online money. The technology permits people to directly exchange money for what they want, with no intermediaries, such as credit card companies. Contract law is the law of bargained-for exchange, so a technology that enables direct exchange online will change the reality of online […]
Shawn Bayern, Citation: 71 Wash. & Lee L. Rev. Online 22 (2014)
Most legal analysis of Bitcoin has addressed public-law and regulatory matters, such as taxation, securities regulation, and money laundering. This essay considers some questions that Bitcoin raises from a private-law perspective, and it aims to show that technological innovation may highlight problems with conceptualistic, classical rules of private law.
Edward Castronova, Citation: 71 Wash. & Lee L. Rev. Online 14 (2014)
A “digital value transfer system” (DVT) is a computer program that moves purchasing power from one person to another by exchanging different forms of virtual currency. In this Essay, I will give examples of DVTs and explain how they work. Then I will use the economic theory of budgets to explain how DVTs increase the […]