About

About the Concurring Opinions

Concurring Opinions is a group blog with a broad emphasis on legal topics. It is run by Concurring Opinions, LLC, a Pennsylvania Limited Liability Company. Concurring Opinions regularly publishes contributions from blog members as well as guest bloggers.

About The Authors

Daniel J. Solove

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Daniel is the John Marshall Harlan Research Professor of law at the George Washington University Law School.  He is also the founder of TeachPrivacy, a company that provides data security and privacy training for businesses, healthcare organizations, and higher education — including HIPAA/HITECH training.  He is the author of Nothing to Hide: The False Tradeoff Between Privacy and Security (Yale U. Press 2011), Understanding Privacy (Harvard U. Press 2008), The Future of Reputation: Gossip, Rumor, and Privacy on the Internet (Yale U. Press 2007) (winner of the 2007 McGannon Prize), and The Digital Person: Technology and Privacy in the Information Age (NYU Press 2004,).  He is also the author of several casebooks and treatises, including Information Privacy Law (Aspen, 4th ed., 2012) (with Paul M. Schwartz) and Privacy Law Fundamentals (IAPP 2nd ed. 2013). Professor Solove is a reporter for the ALI project on Information Privacy Law.
Daniel has published more than 50 articles and essays, which have appeared in leading law reviews such as the Yale Law Journal, Harvard Law Review, Stanford Law Review, Columbia Law Review, Michigan Law Review, U. Pennsylvania Law Review, California Law Review, U. Chicago Law Review, NYU Law Review, and Duke Law Journal.

He has been interviewed and featured in hundreds of media broadcasts and articles, including The New York Times, Washington Post, Chicago Tribune, Associated Press, Business Week, ABC, CBS, NBC, CNN, and NPR. A graduate of Yale Law School, he clerked for Judge Stanley Sporkin, U.S. District Court for the District of Columbia and Judge Pamela Ann Rymer, U.S. Court of Appeals for the 9th Circuit.

Areas of Interest: Privacy, Technology, National Security, Law and Literature, Social Network Sites, Government Surveillance, First Amendment, Constitutional Theory, Sociology, Philosophy (especially pragmatism and philosophy of law), Criminal Procedure

Kaimipono Wenger

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Kaimipono (Kaimi) is an assistant professor at Thomas Jefferson School of Law. He graduated from Columbia University School of Law, where he served as an articles editor on the Columbia Law Review and was a James Kent Scholar and a Harlan Fiske Stone Scholar. Following law school, he clerked for Judge Jack B. Weinstein in the Eastern District of New York, where he dealt with a variety of matters including immigration, criminal and mass tort cases. Professor Wenger practiced law for three years with Cravath, Swaine, & Moore LLP in New York City, where his primary practice involved securities litigation for large international clients, and he also dealt with general corporate governance matters, antitrust, and trusts and estates matters.

Kaimi’s scholarly interests include property law, (trusts and estates), torts, business and securities law and civil rights law. His recent articles include “Nullificatory Juries” (with David A. Hoffman) in the Wisconsin Law Review and “Slavery as a Takings Clause Violation” in the American University Law Review. He is ably assisted in his blogging (and during all other hours of the day and night) by his three children.

Areas of Interest: Race, Civil Rights, Slavery, Corporate Law, Securities, Trusts and Estates, Property and Takings, Mormonism

David Hoffman

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Dave is the James E. Beasley Professor of Law at Temple University’s Beasley School of Law. He teaches contracts, civil procedure, law and economics, law and human behavior and business associations. His scholarship is generally empirically based, using experiments and hand-collected data to investigate diverse legal subjects.

Dave earned a B.A. from Yale, cum laude, double majoring in Archaeology and History. He dug here. It was buggy. He received his J.D., cum laude, from Harvard, and clerked for U.S. District Judge Norma L. Shapiro. He then worked at Cravath, Swaine & Moore LLP.

Areas of Interest: Behavioral Law and Economics, Contract Law, Securities Law, Dispute Resolution, Corporate Law, Legal Theory, Empirical Studies

Frank Pasquale

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Frank is Professor of Law at the University of Maryland.  His research agenda focuses on challenges posed to information law by rapidly changing technology, particularly in the health care, internet, and finance industries. He has published over 25 scholarly articles, and is currently writing a book called The Black Box Society: Technologies of Search, Reputation, and Finance (under contract with Harvard University Press).

Frank served as the Schering-Plough Professor of Health Care Regulation and Enforcement at Seton Hall Law School.  He has been a Visiting Fellow at Princeton’s Center for Information Technology, and a Visiting Professor at Yale Law School and Cardozo Law School. He was a Marshall Scholar at Oxford University. He has testified before the Judiciary Committee of the House of Representatives, appearing with the General Counsels of Google, Microsoft, and Yahoo. He has also presented before a Department of Health & Human Services/Federal Trade Commission Roundtable and panels of the National Academy of Sciences.

Frank is an Affiliate Fellow of Yale Law School’s Information Society Project. He has been named to the Advisory Board of the Electronic Privacy Information Center. He has served on the executive board of the Health Law Section of the American Association of Law Schools (AALS), and has served as chair of the AALS section on Privacy and Defamation. He has blogged at Concurring Opinions since 2006, and he also writes at Balkinization, Madisonian, and the Health Law Profs Blog

Areas of Interest: Health Law, Cyberlaw, Finance, Intellectual Property, Political Economy, Social Theory, Philosophy, Social Science, Technology, Search Engines

Deven Desai

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Deven Desai is a law professor at the Thomas Jefferson School of Law and recently completed serving as Academic Research Counsel at Google, Inc. As a law professor, he teaches trademark, intellectual property theory, business associations, and information privacy law. He is a graduate of the University of California, Berkeley and Yale Law School. He has also spent year as a Visiting Fellow at Princeton University’s Center for Information Technology Policy. Professor Desai’s scholarship examines how business interests and economic theories shape privacy and intellectual property law and where those arguments explain productivity or where they fail to capture society’s interest in the free flow of information and development. His articles include Patents, Meet Napster: The Disruptive Power of 3D Printing, 102 Georgetown Law Journal __ (2014) (with Gerard Magliocca) (forthcoming), Bounded by Brands: An Information Network Approach to Brands, U.C. Davis Law Review (2013) (forthcoming); Beyond Location: Data Security in the 21st Century, Communications of the ACM (January, 2013); Response: An Information Approach to Trademarks, 100 Georgetown Law Journal 2119 (2012); From Trademarks to Brands, 46 Florida Law Review 981 (2012); The Life and Death of Copyright, 2011 Wisconsin Law Review 219 (2011); Brands, Competition, and the Law, 2010 Brigham Young Law Review 1425 (2010) (with Spencer Waller); Privacy? Property?: Reflections on the Implications of a Post-Human World 18 Kansas J. of Law & Public Policy (2009); Property, Persona, and Preservation, 81 Temple Law Review 67 (2008); and Confronting the Genericism Conundrum, 28 Cardozo Law Review 789 (2007) (Sandra L. Rierson, co-author).

Areas of Interest: Information Theory, Intellectual Property, Trademark and Brand Theory, Marketing, Creativity Theory, Privacy, Technology, Philosophy, Rhetoric, History, Biography, Science Fiction, Pop Culture

Danielle Citron

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Professor Danielle Citron is the Lois K. Macht Research Professor of Law at the University of Maryland Francis King Carey School of Law. She teaches Civil Procedure, Information Privacy Law, and LAWR. She was voted the “Teacher of the Year” by the University of Maryland law school students in 2005.

Professor Citron’s scholarship focuses on information privacy, civil rights, and administrative law. Her book Hate Crimes in Cyberspace is forthcoming in Harvard University Press. Her book chapter “Civil Rights in the Information Age” was featured in The Offensive Internet: Speech, Privacy, and Reputation edited by Martha Nussbaum & Saul Levmore (Harvard University Press 2010). Her articles and essays have been published (or forthcoming) in the Boston University Law Review, California Law Review, Denver University Law Review, George Washington Law Review, Hastings Law Journal, Minnesota Law Review, Michigan Law Review, Southern California Law Review, U.C. Davis Law Review, University of Chicago Legal Forum, Wake Forest Law Review, Washington Law Review, and Washington University Law Review. Her work includes “The Right to Quantitative Privacy,” 98 Minn. L. Rev. (forthcoming 2013) (with David Gray); “Addressing the Harm of Total Surveillance: A Reply to Professor Neil Richards,” 126 Harv. L. Rev. F. 262 (2013) (with David Gray); “Mainstreaming Privacy Torts,” 99 Cal. L. Rev. 1805 (2011); “Intermediaries and Hate Speech: Fostering Digital Citizenship for the Information Age,” 91 B.U. L. Rev. 1435 (2011) (with Helen Norton); “Network Accountability for the Domestic Intelligence Apparatus,” 62 Hastings L.J. 1441 (2011) (with Frank Pasquale); “Fulfilling Government 2.0’s Promise with Robust Privacy Protections,” 78 Geo. Wash. L. Rev. 822 (2010); “Law’s Expressive Value in Combating Cyber Gender Harassment,” 108 Mich. L. Rev. 373 (2009); “Cyber Civil Rights,” 89 B.U. L. Rev. 61 (2009); “Technological Due Process,” 85 Wash. U. L. Rev. 1249 (2008); and “Reservoirs of Danger: The Evolution of Public and Private Law at the Dawn of the Information Age,” 80 S. Cal. L. Rev. 241 (2007).

Professor Citron has been interviewed in dozens of media broadcasts and articles, including the New York Times, Washington Post, Wall Street Journal, Los Angeles Times, San Francisco Chronicle, Philadelphia Inquirer, Baltimore Sun, Forbes, Barron’s, the Atlantic, Glamour, Self, Marie Claire, Slate, Associated Press, NPR, ABC, CNN, and Fox News. She was recently appointed to serve as an Adviser to American Law Institute’s Restatement Third, Information Privacy Principles Project. She is an Affiliate Fellow at the Yale Information Society Project and an Affiliate Scholar at the Stanford Center on Internet and Society. She serves on the advisory boards of the Future of Privacy, Without My Consent, and Teach Privacy. She has been a permanent blogger at Concurring Opinions since 2008.

In late October 2011, she testified at the House of Commons before the Inter-Parliamentary Coalition for Combatting Anti-Semitism Task Force on Internet Hate, of which she is a task force member. During the past five years, she has given more than fifty lectures and talks, including at the Department of Homeland Security, the National Network to End Domestic Violence, the U.S. Holocaust Museum, the Anti-Defamation League, and the International Network Against Cyber Hate, as well as at numerous universities, including Columbia, Harvard, Princeton, Yale, Stanford, University of Chicago, New York University, University of California at Berkeley, University of Colorado, University of Michigan, University of Denver, Fordham, Washington University, William & Mary, and Emory. In December 2009, the Denver University Law Review devoted a conference to her work on cyber harassment entitled Cyber Civil Rights: New Challenges to Civil Rights and Civil Liberties in the Information Age.

Areas of Interest: Privacy, Information Security, Administrative Law, Automated Systems, Government Transparency, Civil Rights, and Constitutional Theory

Lawrence Cunningham

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Larry is a professor of law at the George Washington University Law School. He joined the GW Law School faculty in 2007, having previously taught for 6 years at Boston College (where he served a 2-year term as Academic Dean) and for 8 years at Cardozo (where he served a 5-year term as Director of the Heyman Center on Corporate Governance). He also taught courses at many other schools in the US and abroad, including Central European University, Columbia University, Hebrew University, University of Navarra, and Vanderbilt University. Before entering academia, he practiced corporate law for 4 years at Cravath, Swaine & Moore. He earned his BA from University of Delaware and his JD magna cum laude from Cardozo.

Larry writes extensively in corporate and securities law, with a special emphasis on law and accounting and investor perspectives. He teaches courses in those fields as well as Contracts. He has published a dozen books and 50 law review articles. His recent books include: Contracts in the Real World: Stories of Popular Contracts and Why They Matter (Cambridge University Press 2012), The AIG Story (Wiley 2013), The Essays of Warren Buffett: Lessons for Corporate America (Carolina Academic Press 2013), and Berkshire Hathaway’s Value of Values (Columbia University Press 2014).

Areas of Interest: Accounting, Auditing, Contracts, Corporate Law, Finance, Investing, Legal Education, Securities Regulation

Sarah Waldeck

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Sarah is a professor of law at Seton Hall University. She received her B.A. from Cornell University and her J.D. from the University of Wisconsin, where she was Editor-in-Chief of the Wisconsin Law Review. She clerked for Judge Richard Cudahy on the Seventh Circuit Court of Appeals. Prior to joining the Seton Hall faculty, she was a Bigelow Fellow at the University of Chicago Law School. At Seton Hall, she teaches a variety of courses related to property and estates and trusts law, and, on occasion, criminal law.

Sarah’s scholarship focuses on the connections between law and cultural norms. Her work addresses topics such as charitable giving and the estate tax, circumcision, and electronic payment systems.

Areas of Interest: Estates and Trusts, Cultural Property, Law and Behavior, Law and Social Norms, Philanthropy, University Endowment and Financial Aid Policies, Economics and the Family

Jaya Ramji-Nogales

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Jaya is an Assistant Professor of Law at Temple University’s Beasley School of Law, where she teaches Civil Procedure, Evidence, Refugee Law and Policy, and Transitional Justice. She received her BA with highest honors and distinction from the University of California at Berkeley; her JD from the Yale Law School; and her LLM with distinction from the Georgetown University Law Center. Before joining the Temple faculty, she taught at Georgetown both as a clinical fellow in the Center for Applied Legal Studies and as an adjunct professor, and was earlier a staff attorney at the American Civil Liberties Union in New York and an associate at the international law firm of Debevoise & Plimpton. Jaya was also awarded the Robert L. Bernstein Fellowship in International Human Rights to create a refugee law clinic at the University of the Witwatersrand in Johannesburg, South Africa.

Jaya’s primary research interests concern procedural due process and the intersection of immigration and international human rights law. She has also been published in the area of transitional justice. She is a regular blogger on IntLawGrrls.

Areas of Interest: Immigration Law, International Human Rights Law, Transitional Justice, Feminism and Gender, Race, Civil Procedure, Evidence, Administrative Law, International Criminal Law, Empirical Studies, and National Security

Solangel Maldonado

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Solangel is a Professor of Law at Seton Hall University School of Law. She received her B.A. from Columbia College and J.D. from Columbia Law School, where she served as managing editor of the Columbia Journal of Gender & Law and was a Harlan Fiske Stone Scholar. Following law school, she clerked for Judge Joseph A. Greenaway, Jr., United States District Court for the District of New Jersey, and was a litigation associate at Sidley, Austin, Brown & Wood and at Kaye, Scholer, Fierman, Hays & Handler, LLP, both in New York City.

Solangel’s primary research interest is family law, specifically the law’s role in (1) paternal disengagement and (2) inter-parental hostility after divorce. Her scholarship also explores the legal and social implications of transracial and transcultural adoptions.

Areas of Interest: Family Law, Race, International Family Law, Torts, Law and Emotions, Feminism and Gender, Estates and Trusts, Legal Education

Gerard Magliocca

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Gerard N. Magliocca is the Samuel R. Rosen Professor at the Indiana University Robert H. McKinney School of Law. Professor Magliocca is the author of three books and over twenty articles on constitutional law and intellectual property. He received his undergraduate degree from Stanford, his law degree from Yale, and joined the faculty after two years as an attorney at Covington and Burling and one year as a law clerk for Judge Guido Calabresi on the United States Court of Appeals for the Second Circuit. Professor Magliocca has received the Best New Professor Award and the Black Cane (Most Outstanding Professor) from the student body, and in 2008 held the Fulbright-Dow Distinguished Research Chair of the Roosevelt Study Center in Middelburg, The Netherlands. He was elected to the American Law Institute (ALI) in 2013.

Two of Professor Magliocca’s books have been the subjects of programs on C-Span’s Book TV, including his latest book, which is a biography of Congressman John Bingham, the author of the Equal Protection Clause of the Constitution. He is an active blogger on Concurring Opinions and Balkinization, and is currently researching a book on the New Deal and an article on 3D printing.

Areas of Interest: Constitutional Law, Legal History, Intellectual Property, Admiralty, Torts

Ronald Collins

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Ron is the Harold S. Shefelman scholar at the University of Washington Law School and a senior fellow at the Newseum’s First Amendment Center in Washington, D.C. He was a Supreme Court Fellow in 1982-83 under Chief Justice Warren Burger and a law clerk to Oregon Supreme Court Justice Hans Linde. He is the book editor at SCOTUSblog.

Collins is the author, co-author, or editor of several books including: When Money Speaks: The McCutcheon Case, Campaign Financing Laws, and The First Amendment (e-book, Spring, 2014) Ÿ On Dissent: Its Meaning in America (Cambridge, 2013) Ÿ Mania: The Story of the Outraged & Outrageous Lives that Launched a Cultural Revolution (Top-Five Books, 2013) Ÿ Nuance Absolutism: Floyd Abrams & the First Amendment (Carolina Academic Press, 2013) Ÿ We Must not be Afraid to be Free (Oxford, 2011) Ÿ The Fundamental Holmes (Cambridge, 2010) Ÿ The Trials of Lenny Bruce (Sourcebooks, 2002, 2012) Ÿ and  Constitutional Government in America (Carolina Academic Press, 1980). He has authored over 60 scholarly articles including publications in Harvard Law Review Ÿ Stanford Law Review Ÿ Supreme Court Review Ÿ Michigan Law Review Ÿ Texas Law Review Ÿ Duke Law Journal Ÿ and the Southern California Law Review. He has also authored over 250 articles in the popular press including articles in the New York Times Ÿ Washington Post Ÿ Los Angeles Times Ÿ and The Nation.

In 2003, Collins and others successfully petitioned the governor of New York to posthumously pardon Lenny Bruce. In 2010, Collins was a fellow in residence at the Norman Mailer Writers Colony in Provincetown, Massachusetts. In 2011 he received the Supreme Court Fellow’s Administration of Justice award “in recognition of his scholarly and professional achievements in advancing the rule of law.” And in 2012, the American Society of Legal Writers awarded him a Scribes Book Award (bronze) for We Must not be Afraid to be Free.

Areas of interest: First Amendment law, constitutional law, legal history, and jurisprudence.