Search Results - "Bamberger, Kenneth A."
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Saving Governance-By-Design
Published in California law review (01-06-2018)“…Governing through technology has proven irresistibly seductive. Everything from the Internet backbone to consumer devices employs technological design to…”
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Privacy on the Books and on the Ground
Published in Stanford law review (01-01-2011)“…U.S. privacy law is under attack. Scholars and advocates criticize it as weak, incomplete, and confusing, and argue that it fails to empower individuals to…”
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Regulation as Delegation: Private Firms, Decisionmaking, and Accountability in the Administrative State
Published in Duke law journal (01-11-2006)“…Administrative agencies increasingly enlist the judgment of private firms they regulate to achieve public ends. Regulation concerning the identification and…”
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Technologies of Compliance: Risk and Regulation in a Digital Age
Published in Texas law review (01-03-2010)“…Legal scholarship has been silent about a phenomenon with profound implications for governance: the automation of compliance with laws mandating risk…”
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PRE-MODERN INSIGHTS FOR POST-MODERN PRIVACY: JEWISH LAW LESSONS FOR THE BIG DATA AGE
Published in The Journal of law and religion (01-12-2021)“…This article makes the counterintuitive argument that the millennia-old approach of Jewish law to regulating surveillance, protecting communications, and…”
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Normative Canons in the Review of Administrative Policymaking
Published in The Yale law journal (01-10-2008)“…Who should ensure that statutes are interpreted to reflect background norms left unaddressed by Congress--norms like respect for the rights of regulated…”
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Keeping Imports Safe: A Proposal for Discriminatory Regulation of International Trade
Published in California law review (01-12-2008)“…In September 2007, Chicago area toy company RC2 Corporation announced a recall of Thomas the Tank Engine wooden railway toys manufactured in China. The recall,…”
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Import Safety: Regulatory Governance in the Global Economy
Published 2009“…On World Food Day in October 2008, former president Bill Clinton finally accepted decade-old criticism directed at his administration's pursuit of free-trade…”
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New Governance, Chief Privacy Officers, and the Corporate Management of Information Privacy in the United States: An Initial Inquiry
Published in Law & policy (01-10-2011)“…While the turn from traditional regulation to more collaborative, experimentalist, and flexible forms of governance has garnered significant academic focus,…”
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Privacy Decisionmaking in Administrative Agencies
Published in The University of Chicago law review (01-12-2008)“…Administrative agencies increasingly rely on technology to promote the substantive goals they are charged to pursue. The digitization of administration, then,…”
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Provisional precedent: Protecting flexibility in administrative policymaking
Published in New York University law review (1950) (01-11-2002)“…The rule of strict stare decisis, when a court construes a statute before an agency does, the judicial interpretation becomes binding precedent. even when…”
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Importers as Regulators: Product Safety in a Globalized World
Published in Import Safety (28-09-2011)“…In the wake of recent scandals involving lead toys, toxic toothpaste, poisonous pet food, and other dangerous products, policy makers have proposed a variety…”
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ALLOCATING RESPONSIBILITY IN CONTENT MODERATION: A FUNCTIONAL FRAMEWORK
Published in Berkeley technology law journal (01-12-2021)“…This Article develops a framework for both assessing and designing content moderation systems consistent with public values. It argues that moderation should…”
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PROCUREMENT AS POLICY: ADMINISTRATIVE PROCESS FOR MACHINE LEARNING
Published in Berkeley technology law journal (01-12-2020)“…At every level of government, officials contract for technical systems that employ machine learning-systems that perform tasks without using explicit…”
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Platform Market Power
Published in Berkeley technology law journal (01-12-2018)“…The rise of the platform economy has been the subject of celebration and critique. Platform companies like Uber, Airbnb, and Postmates have been rightfully…”
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Procurement as Policy: Administrative Process for Machine Learning
Published in Berkeley technology law journal (01-01-2019)“…At every level of government, officials contract for technical systems that employ machine learning—systems that perform tasks without using explicit…”
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Platform Market Power
Published in Berkeley technology law journal (01-01-2017)“…The rise of the platform economy has been the subject of celebration and critique. Platform companies like Uber, Airbnb, and Postmates have been rightfully…”
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VERIFICATION DILEMMAS IN LAW AND THE PROMISE OF ZERO-KNOWLEDGE PROOFS
Published in Berkeley technology law journal (01-04-2022)“…Individuals who wish to access a website or qualify for a loan are expected to expose personally identifying information, undermining their privacy and…”
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At the Intersection Of Regulation and Bankruptcy: FCC v. Nextwave
Published in The Business Lawyer (01-11-2003)“…Last Term, in FCC v. NextWave Personal Communications, Inc. ("Next-Wave"), the Supreme Court held that the Federal Communications Commission could not revoke…”
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