Kiel Brennan-Marquez is a visiting fellow at the Information Society Project. His research focuses on the relationship between technological evolution and jurisprudence. His previous work explored this question in the context of the Fifth Amendment; this year, he will turn his sights to the Fourth Amendment. He is especially interested in the way lawyers and judges respond to technologies they do not fully understand, and in how technological change inspires utopian and dystopian forms of argument. He holds degrees from Yale Law School and Pomona College.
"Privacy and Cybersecurity: Legal Issues In Private Practice"
Vivek is Privacy Counsel at Apple Inc., where he is responsible for privacy and security issues associated with Apple's products, services, and corporate infrastructure. Vivek joined Apple from the Privacy, Data Security, and Information Law group at Sidley Austin LLP, where he counseled clients in the technology, telecommunications, healthcare, and financial services sectors. Vivek is the co-editor and author of the PLI treatise "Cybersecurity: A Practical Guide to the Law of Cyber Risk," published in September 2015.
This lecture will provide an overview of how three human rights organizations use video—Amnesty International, Human Rights Watch, and WITNESS. The talk will emphasize video advocacy for legal audiences, providing examples from screenings in front of the Office of the Prosecutor of the International Criminal Court and the UN Commission of Inquiry.
Legal Disruption: Case Studies in Law and Robotics.
New technologies are often characterized as legally “disruptive,” without a discussion of what legal disruption is. While other fields have attempted to define disruption, legal scholarship has not tackled the question head-on. Legal disruption is, I argue, different from economic or scientific disruption. Legal disruption can be substantive (when a new technosocial practice forces the law to substantively change, either doctrinally or theoretically), enforcement-related (when that practice makes it harder to enforce the law), or institutional (when it stretches the information-absorbing capacities of a particular legal institution, or otherwise drives structural institutional change). Often, these kinds of disruption overlap. The focus of this project is on substantive legal disruption. A new technology is substantively disruptive when it alters the nature of the regulatory environment so that to achieve its regulatory goals, the substantive law must change. To identify legal disruption, then, requires identifying not just the features of a new technology or social practice of that technology, but the goals, methods, and theory of a particular regulatory subsystem.
Louise Melling is Deputy Legal Director of the ACLU and Director of its Center for Liberty. In her lecture, she will explore the different way in which the public has viewed refusals to serve LGBT people for reasons of faith versus refusals to serve women seeking reproductive health services motivated by religious beliefs.
Trickle Up/Down Privacy
Trickle Up/Down Privacy looks at how technologists, designers, and private firm lawyers understand privacy, how they operationalize those views into technology products and notices, and how those views differ from the views of Chief Privacy Officers discussed in Kenneth Bamberger's and Dierdre Mulligan's work, Privacy on the Ground. This project considers the barriers that prevent robust privacy norms from diffusing throughout a corporation and what changes in law, education, and corporate organization can help embed a user-focused vision of privacy into the technology products we use every day.
Pharma, Freedom of Expression, and Fraud
Matthew Herder is an Associate Professor in the Faculties of Medicine and Law at Dalhousie University in Halifax, Nova Scotia. His research focuses on pharmaceutical research and regulation. His work is often interdisciplinary and policy oriented. He is currently the Principal Investigator on a research grant entitled “Emerging health researchers and the commercialization of academic science” funded by the Canadian Institutes of Health Research, and he has appeared as an expert witness before several Canadian Parliamentary committees on the topic of pharmaceutical policy. Prior to arriving at Dalhousie, Matthew was the Ewing Marion Kauffman Foundation Legal Research Fellow at New York University School of Law, and he holds a Master of the Science of Law degree from Stanford Law School as well as LLM and LLB degrees from Dalhousie.
Joanna N. Erdman is an assistant professor and the inaugural MacBain Chair in Health Law and Policy at the Schulich School of Law, Dalhousie University, Nova Scotia. Her primary research areas are sexual and reproductive health law in a transnational context.
She has published in leading international journals on topics such as harm reduction in safe abortion, the regulation of emergency contraception, and human papillomavirus vaccines policy. Erdman has also acted as an intervener before various courts and international bodies, including the European Court of Human Rights. She received her BA and JD degrees from the University of Toronto and her LLM from Harvard, and completed a fellowship at Yale Law School.
Against a Trade Secrets Privilege in Criminal Cases
From probabilistic DNA analysis software to predictive policing and risk assessment algorithms, automated data-driven technologies play an increasing role in the criminal justice system. As a number of scholars have pointed out, secret “black box” methods in these technologies can clash with core values of transparency, accountability, and due process. This talk examines iterations of these tensions in Evidence Law.
This lecture will discuss how the International Criminal Tribunal for the former Yugoslavia (ICTY) uses video to provide trial coverage and evidence, and to engage in advocacy. The lecture is based on a fieldwork at this Tribunal and will feature video clips.
The End of Ownership: Personal Property in the Digital Economy
If you buy a book at the bookstore, you own it. You can take it home, scribble in the margins, put in on the shelf, lend it to a friend, sell it at a garage sale. But is the same thing true for the ebooks or other digital goods you buy? Retailers and copyright holders argue that you don't own those purchases, you merely license them. That means your ebook vendor can delete the book from your device without warning or explanation -- as Amazon deleted Orwell's 1984 from the Kindles of surprised readers several years ago. These readers thought they owned their copies of 1984. Until, it turned out, they didn't. In The End of Ownership, Aaron Perzanowski and Jason Schultz explore how notions of ownership have shifted in the digital marketplace, and make an argument for the benefits of personal property.
The Center for Global Legal Challenges and the Information Society Project will welcome to campus on Nov. 8, Richard Salgado, Google’s Director for Information Security and Law Enforcement Matters. Salgado is a YLS grad and spent his career lecturing and working in the field of cyber-security.
Robert Post is Dean and Sol & Lillian Goldman Professor of Law at Yale Law School. Before coming to Yale, he taught at the University of California at Berkeley School of Law. Dean Post’s subject areas are constitutional law, First Amendment, legal history, and equal protection. He has written and edited numerous books, including Citizens Divided: A Constitutional Theory of Campaign Finance Reform (2014), which was originally delivered as the Tanner Lectures at Harvard in 2013. Other books include, Democracy, Expertise, Academic Freedom: A First Amendment Jurisprudence for the Modern State (2012); For the Common Good: Principles of American Academic Freedom (with Matthew M. Finkin, 2009); Prejudicial Appearances: The Logic of American Antidiscrimination Law (with K. Anthony Appiah, Judith Butler, Thomas C. Grey & Reva Siegel, 2001); and Constitutional Domains: Democracy, Community, Management (1995).
The Tallinn Manual Journey: Identifying the International Law Applicable to Cyber Operations with Michael Schmitt
The Wealth of Humans - book talk
Ryan Avent is an economics correspondent for the Economist. He's also the primary contributor to its Free Exchange blog and a contributor to The New York Times, The Washington Post, The New Republic, The Atlantic, and The Guardian, among other publications. He is the author of a Kindle Single: The Gated City, which analyzes migration from American cities. Avent was previously an economic consultant and an industry analyst for the Bureau of Labor Statistics. He lives in Arlington, Virginia. The Wealth of Humans is his first book.