According to Jeffrey Rosen, Louis D. Brandeis was “the Jewish Jefferson,” the greatest critic of what he called “the curse of bigness,” in business and government, since the author of the Declaration of Independence. Published to commemorate the hundredth anniversary of his Supreme Court confirmation on June 1, 1916, Louis D. Brandeis: American Prophet argues that Brandeis was the most farseeing constitutional philosopher of the twentieth century. In addition to writing the most famous article on the right to privacy, he also wrote the most important Supreme Court opinions about free speech, freedom from government surveillance, and freedom of thought and opinion. And as the leader of the American Zionist movement, he convinced Woodrow Wilson and the British government to recognize a Jewish homeland in Palestine. Combining narrative biography with a passionate argument for why Brandeis matters today, Rosen explores what Brandeis, the Jeffersonian prophet, can teach us about historic and contemporary questions involving the Constitution, monopoly, corporate and federal power, technology, privacy, free speech, and Zionism.

This, the first casebook in the United States devoted exclusively to trade secret law, is challenging yet user-friendly to students. In order to facilitate understanding of the material, the book is designed to be used by law and business students with no prior background in intellectual property law. Throughout, the authors have made conscious and thoughtful decisions about the way in which the information is presented and organized. The general organization follows a logical analytical approach to understanding trade secret law, with the chapters progressing from proving the essential elements of a trade secret claim to defensive tactics and remedies, managing trade secrets, and criminal actions. It also addresses employment, management, and international issues.

Limited legal protections for privacy leave minority communities vulnerable to concrete injuries and violence when their information is exposed. In Privacy at the Margins, Scott Skinner-Thompson highlights why privacy is of acute importance for marginalized groups. He explains how privacy can serve as a form of expressive resistance to government and corporate surveillance regimes - furthering equality goals - and demonstrates why efforts undertaken by vulnerable groups (queer folks, women, and racial and religious minorities) to protect their privacy should be entitled to constitutional protection under the First Amendment and related equality provisions. By examining the ways even limited privacy can enrich and enhance our lives at the margins in material ways, this work shows how privacy can be transformed from a liberal affectation to a legal tool of liberation from oppression.

Property Outlaws puts forth the intriguingly counterintuitive proposition that, in the case of both tangible and intellectual property law, disobedience can often lead to an improvement in legal regulation. The authors argue that in property law there is a tension between the competing demands of stability and dynamism, but its tendency is to become static and fall out of step with the needs of society. The authors employ wide-ranging examples of the behaviors of “property outlaws”—the trespasser, squatter, pirate, or file-sharer—to show how specific behaviors have induced legal innovation. They also delineate the similarities between the actions of property outlaws in the spheres of tangible and intellectual property. An important conclusion of the book is that a dynamic between the activities of “property outlaws” and legal innovation should be cultivated in order to maintain this avenue of legal reform.

This innovative and original book explores the relationship between blockchain and antitrust, highlighting the mutual benefits that stem from cooperation between the two and providing a unique perspective on how law and technology could cooperate.

A proposal for moving from price-centric to innovation-centric competition policy, reviewing theory and available evidence on economic incentives for innovation. Competition policy and antitrust enforcement have traditionally focused on prices rather than innovation. Economic theory shows the ways that price competition benefits consumers, and courts, antitrust agencies, and economists have developed tools for the quantitative evaluation of price impacts. Antitrust law does not preclude interventions to encourage innovation, but over time the interpretation of the laws has raised obstacles to enforcement policies for innovation. In this book, economist Richard Gilbert proposes a shift from price-centric to innovation-centric competition policy. Antitrust enforcement should be concerned with protecting incentives for innovation and preserving opportunities for dynamic, rather than static, competition. In a high-technology economy, Gilbert argues, innovation matters.

CYBERSECURITY LAW Learn to protect your clients with this definitive guide to cybersecurity law in this fully-updated third edition Cybersecurity is an essential facet of modern society, and as a result, the application of security measures that ensure the confidentiality, integrity, and availability of data is crucial. Cybersecurity can be used to protect assets of all kinds, including data, desktops, servers, buildings, and most importantly, humans. Understanding the ins and outs of the legal rules governing this important field is vital for any lawyer or other professionals looking to protect these interests. The thoroughly revised and updated Cybersecurity Law offers an authoritative guide to the key statutes, regulations, and court rulings that pertain to cybersecurity, reflecting the latest legal developments on the subject. This comprehensive text deals with all aspects of cybersecurity law, from data security and enforcement actions to anti-hacking laws, from surveillance and privacy laws to national and international cybersecurity law. New material in this latest edition includes many expanded sections, such as the addition of more recent FTC data security consent decrees, including Zoom, SkyMed, and InfoTrax. Readers of the third edition of Cybersecurity Law will also find: An all-new chapter focused on laws related to ransomware and the latest attacks that compromise the availability of data and systems New and updated sections on new data security laws in New York and Alabama, President Biden’s cybersecurity executive order, the Supreme Court’s first opinion interpreting the Computer Fraud and Abuse Act, American Bar Association guidance on law firm cybersecurity, Internet of Things cybersecurity laws and guidance, the Cybersecurity Maturity Model Certification, the NIST Privacy Framework, and more New cases that feature the latest findings in the constantly evolving cybersecurity law space An article by the author of this textbook, assessing the major gaps in U.S. cybersecurity law A companion website for instructors that features expanded case studies, discussion questions by chapter, and exam questions by chapter Cybersecurity Law is an ideal textbook for undergraduate and graduate level courses in cybersecurity, cyber operations, management-oriented information technology (IT), and computer science. It is also a useful reference for IT professionals, government personnel, business managers, auditors, cybersecurity insurance agents, and academics in these fields, as well as academic and corporate libraries that support these professions.