About the Blog
posted by Kaimipono D. Wenger
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
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), The Digital Person: Technology and Privacy in the Information Age (NYU Press 2004,) and Information Privacy Law (Aspen, 3rd ed., 2009) (with Paul M. Schwartz).
Daniel has published more than 30 articles and essays, which have appeared in leading law reviews such as the Yale Law Journal, 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 (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
Dave is an associate professor of law at Temple University’s Beasley School of Law. He teaches contracts, 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. (Thus, in Larry Solum’s schema, Dave is a data-driven hedgehog, who cares about the law of fraud, corporate governance, contracts, risk-regulation, and the influence of behavioral economics).
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 is Professor of Law at Seton Hall. He joined Seton Hall after practicing law as an attorney at Arnold & Porter LLP, where his work included antitrust and intellectual property litigation. Professor Pasquale’s prior experience includes clerking for the Honorable Judge Kermit Lipez of the United States Court of Appeals for the First Circuit and serving as a fellow at the Institute for the Defense of Competition and Protection of Intellectual Property in Lima, Peru. During his time at Yale Law School, Professor Pasquale served as a teaching assistant for first year students and as an editor of the Yale Law and Policy Review and the Yale Symposium on Law and Technology before graduating with a J.D. in 2001. He also served as a student director in the clinical program’s Disabilities Clinic, focusing on advocacy in the health and benefits fields. Pasquale has focused his scholarship on enriching intellectual property and health law with insights from economics, philosophy, and social science. His work on search engines has been excerpted in Bellia, Post, & Berman’s Cyberlaw and delivered to a plenary session of the Intellectual Property Scholars Conference. His work on retainer medicine was selected for presentation at the St. Louis University Health Law Scholars Workshop.
Areas of Interest: Intellectual Property, Health Law, Economics, Philosophy, Social Science, Technology, Search Engines
Nate is an assistant professor at the Marshall-Wythe School of Law at The College of William & Mary. His primary research interest is in contract law and the philosophy of private law more generally. The market is one of the central institutions of our society and it is largely made possible through the private law — property, tort, and especially contract. Hence, not only is the study of private law extremely important for the later practice of law, but it also forces us to confront some of the most fundamental questions about how our society is organized. Thus far, his own writing in this area has focused on understanding the relationship between economic theories of contract law and moral theories of contract law.
He is also fascinated by the intersection of law and religion. Generally speaking, we think about law and religion as being about the Establishment and Free Exercise Clauses of the First Amendment. However, according to Nate, it is a mistake to think that the subject is exhausted by traditional questions of church and state. Religion has played a key part in developing the intellectual tradition in the West, including our jurisprudential system. Some of the world’s oldest and most sophisticated legal systems are essentially religious. Hence, religion is more than simply a problem with which First Amendment doctrine must cope. It can also be a lens through which people understand the law.
Nate earned a BA in political science from Brigham Young University and JD from Harvard Law School, where he was on the Articles Committee of the Harvard Law Review. Prior to law school I worked on the staff of Senator Mitch McConnell of Kentucky. After law school, I clerked for the Honorable Morris Sheppard Arnold on the U.S. Court of Appeals for the 8th Circuit and practiced law in the Washington, DC office of Sidley Austin LLP.
Areas of Interest: Contract, Philosophy of Private Law, Moral Theory, Economic Theory, Law and Religion, Mormonism
Deven is currently at Google, Inc. None of the ideas, opinions, other ways you think what I do on this blog matter, or really anything I do here, connect to or are endorsed by Google, and they should not be attributed to Google. When not at Google, he is an associate professor at Thomas Jefferson School of Law (on leave) and was a visiting fellow at Princeton’s CITP during the 2009-2010 academic year. After Professor Desai graduated from law school, where he was co-editor-in-chief of the Yale Journal of Law & the Humanities, he practiced law with Quinn Emanuel Urquhart Oliver & Hedges in Los Angeles. His litigation practice focused on intellectual property, Internet-related disputes, employment law and general business disputes. After leaving Quinn Emanuel, he worked as in-house counsel with technology incubation companies and Mattel, Inc., as a policy and finance consultant for the Cory Booker for Mayor campaign and for Jumpstart for Young Children, Inc., and as the sole contributing editor on the primer Law of Internet Disputes. Professor Desai’s scholarship is in the areas of intellectual property, information theory, Internet-related law, business associations, international business transactions and corporate governance.
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 is a professor of law at the University of Maryland School of Law. Her interests include information privacy law, cyberspace law, and administrative law. Her work appears in the Michigan Law Review, Boston University Law Review, Washington University Law Review, Southern California Law Review, U.C. Davis Law Review, and University of Chicago Legal Forum. She is the Chairperson for the American Association of Law Schools’ section on Defamation and Privacy, an Advisory Board Member of the SSRN Journal on Information and Privacy Law, and an Affiliate Fellow at the Yale Information Society Project. Danielle has presented her work widely, including at forums hosted by Yale Law School, Harvard Law School, the University of Chicago Law School, and Princeton University. She received a J.D., cum laude and Order of the Coif, from Fordham University School of Law and a B.A. in Comparative Area Studies, cum laude, from Duke University. After graduating from law school, she clerked for the late Honorable Mary Johnson Lowe on the United States District Court for the Southern District of New York and worked as a litigation associate at Willkie, Farr & Gallagher.
Areas of Interest: Privacy, Information Security, Administrative Law, Automated Systems, Government Transparency, Civil Rights, and Constitutional Theory
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 35 law review articles.
Areas of Interest: Accounting, Auditing, Contracts, Corporate Law, Finance, Investing, Legal Education, Securities Regulation
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 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 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 is a professor of law at Indiana University – Indianapolis. He is the author of Andrew Jackson and the Constitution: The Rise and Fall of Generational Regimes (Univ. Press of Kansas 2007) and his next book is The Tragedy of William Jennings Bryan: Constitutional Law and the Politics of Backlash, which will be published by Yale University Press in 2010.
A graduate of Yale Law School, Gerard has written a numerous articles on constitutional law and intellectual property that have appeared in law reviews such as the Georgetown Law Journal, Minnesota Law Review, Duke Law Journal, and Notre Dame Law Review. He clerked for Guido Calabresi on the 2nd Circuit.
Areas of Interest: Constitutional Law, Legal History, Intellectual Property, Admiralty, Torts
This entry last updated on September 1, 2009.