Reconciling Personal Information in the United States and European Union

Paul M. Schwartz & Daniel Solove U.S. and EU privacy law diverge greatly. At the foundational level, they differ in their underlying philosophy: In the United States, privacy law focuses on redressing consumer harm and balancing privacy with efficient commercial transactions. In the European Union, privacy is hailed as a fundamental right that can trump […]

Prosser’s Privacy and the German Right of Personality: Are Four Privacy Torts Better than One Unitary Concept

At the fiftieth anniversary of Prosser”˜s Privacy, this Article takes a comparative approach in assessing his accomplishments. Germany”˜s legal system offers a fitting point of comparison because of its well-developed privacy law as well as its rich media landscape with similar kinds of invasions of privacy. Moreover, the United States and Germany share a Western […]

Warrantless Wiretapping, FISA Reform, and the Lessons of Public Liberty: A Comment on Holmes’s Jorde Lecture

The Jorde Lecture by Holmes burns with the light of clear analysis and calm rationality. In this Essay, I wish to build on it through consideration of its model of “public liberty.” In particular, I discuss how private liberty, and in particular, information privacy, has an important role, indeed is a precondition, for public liberty. […]