Announcements

The views expressed in the Legal Information & Technology eJournal are those of the contributing authors and do not imply the endorsement of the sponsor, advisory board, or editors.

The Legal Information & Technology eJournal is sponsored by the Academic Law Libraries Special Interest Section (ALL-SIS). The purpose of the Section is to provide a forum for the exchange of ideas and information on academic law libraries and to represent its members' interests and concerns within the American Association of Law Libraries. The eJournal is also sponsored by the Mid-America Association of Law Libraries (MAALL), an official chapter of the American Association of Law Libraries. MAALL includes members from academic, court, and law firm libraries in Arkansas, Illinois, Iowa, Kansas, Missouri, Nebraska, North Dakota, Oklahoma, and South Dakota.


Table of Contents

Negotiating the EU Data Protection Reform: Reflections on the Household Exemption

Napoleon Xanthoulis, Dr. K. Chrysostomides & Co. LLC

From the Scylla of Restriction to the Charybdis of License? Exploring the Present and Future Scope of the ʻSpecial Purposesʼ Freedom of Expression Shield in European Data Protection

David Erdos, University of Cambridge - Faculty of Law, Trinity Hall

The Case Grid: A Tool for Analogical Reasoning

John F Murphy, Texas A&M University (TAMU) - School of Law

Book Proposal Digital Democracy in a Globalised World

J.E.J. (Corien) Prins, Tilburg Law School
Arpan Banerjee, Independent
Marie-José Garot, Instituto de Empresa
Pedro Letai, IE Law School
Rivka Weill, Radzyner School of Law - Interdisciplinary Center (IDC)
Monica Guise Rosina, Independent
Alexandre Pacheco da Silva, São Paulo Law School of Fundação Getulio Vargas FGV DIREITO SP
Colette Cuijpers, Tilburg University, Tilburg Institute for Law, Technology, and Society (TILT) , Tilburg Law School
Maurice Adams, Tilburg Law School
Karsten Meijer, Tilburg University
Koen Van Aeken, Tilburg University
Anne Meuwese, Tilburg University
Nicolo Zingales, Tilburg Law and Economics Center (TILEC)
Roxana Radu, Independent
Stefan Soeparman, Tilburg University - TIAS School for Business and Society
Perry Keller, King's College London – The Dickson Poon School of Law
emre I Bayamlıoğlu, Koç University - Law School


LEGAL INFORMATION & TECHNOLOGY eJOURNAL
Sponsored by the Academic Law Libraries Special Interest Section of the American Association
of Law Libraries and the Mid-America Association of Law Libraries

"Negotiating the EU Data Protection Reform: Reflections on the Household Exemption" Free Download
Proceedings of 5th Conference on E-Democracy – Security, Privacy and Trust in a Digital World, Springer CCIS series, Vol. 441, 2014, Forthcoming

NAPOLEON XANTHOULIS, Dr. K. Chrysostomides & Co. LLC
Email:

The re-drafting of the "household exemption" comprises one of the main areas of dispute in the course of the ongoing negotiations of the EU data protection reform. The aim of this paper is twofold: First, we present and critically assess the wording proposals that have been put forward mainly at EU institutional level and identify the particular areas which cause tension. Second, we concomitantly ask which is the most appropriate wording for the exemption in question and in particular, whether the household exemption should comprise of a set of decisive criteria or whether it should provide a more general framework. We eventually argue for a broad wording of the Article 2(2)(d) coupled with the addition of further non-determinative criteria at Recital 15, i.e. the non-normative part of the proposed Regulation.

"From the Scylla of Restriction to the Charybdis of License? Exploring the Present and Future Scope of the ʻSpecial Purposesʼ Freedom of Expression Shield in European Data Protection" Free Download

DAVID ERDOS, University of Cambridge - Faculty of Law, Trinity Hall
Email:

European data protection sits in a relationship of profound tension with public freedom of expression. Although Directive 95/46 does include a special purposes provision requiring that Member States set out qualified shields for processing ‘carried out solely for journalistic purposes or the purposes of artistic or literary expression’, its scope is both too opaque and too restrictive to provide for a general reconciliation of values in this area. As vividly highlighted by the recent Google Spain decision, these problems were only partially resolved in the EU Court of Justice’s Satamedia judgment. Current suggestions that this provision be amended so as to require Member States to effect a reconciliation between data protection and freedom of expression itself run the theoretical risk of expanding the scope of this highly discretionary clause into one of universal application. However, since this would dramatically conflict with the core harmonizing aim of European data protection reform, such a change would almost certainly be interpreted much more restrictively, thereby fuelling the confusion which exists in this area. A two-pronged, layered approach may offer a better way forward. Firstly, the special purposes provision should be expanded to clearly protect all activities orientated towards disclosing information, opinion or ideas for the benefit of the public collectively. Secondly, Member States should also be obliged to effect a broader but more stringent reconciliation of data protection with the right to public freedom of expression under the law’s general derogation provisions.

"The Case Grid: A Tool for Analogical Reasoning" Free Download
State Bar of Texas - 27th Annual Advanced Civil Appellate Practice Course, Sept. 2013

JOHN F MURPHY, Texas A&M University (TAMU) - School of Law
Email:

This paper describes a graphical method for comparing the relevant facts and outcomes of several cases as they relate to a single legal test. I call this method the “case grid.?

The case grid allows a writer to easily identify similarities and differences between several precedent cases, and between the precedent cases and the facts of the “client? case (the case being analyzed, argued, or decided). These similarities and distinctions form the basis of analogical reasoning. Analogical reasoning — the process of predicting or arguing the outcome of a client case based on its factual similarities to and differences from precedent cases — is in turn a fundamental characteristic of brief-writing and opinion-writing. Because the case grid facilitates analogical reasoning, it deserves a place in every appellate advocate’s — and appellate judge’s — writing toolbox.

"Book Proposal Digital Democracy in a Globalised World" Free Download
Law Schools Global League (LSGL) Research Paper No. 3

J.E.J. (CORIEN) PRINS, Tilburg Law School
Email:
ARPAN BANERJEE, Independent
Email:
MARIE-JOSÉ GAROT, Instituto de Empresa
Email:
PEDRO LETAI, IE Law School
Email:
RIVKA WEILL, Radzyner School of Law - Interdisciplinary Center (IDC)
Email:
MONICA GUISE ROSINA, Independent
Email:
ALEXANDRE PACHECO DA SILVA, São Paulo Law School of Fundação Getulio Vargas FGV DIREITO SP
Email:
COLETTE CUIJPERS, Tilburg University, Tilburg Institute for Law, Technology, and Society (TILT) , Tilburg Law School
Email:
MAURICE ADAMS, Tilburg Law School
Email:
KARSTEN MEIJER, Tilburg University
Email:
KOEN VAN AEKEN, Tilburg University
Email:
ANNE MEUWESE, Tilburg University
Email:
NICOLO ZINGALES, Tilburg Law and Economics Center (TILEC)
Email:
ROXANA RADU, Independent
Email:
STEFAN SOEPARMAN, Tilburg University - TIAS School for Business and Society
Email:
PERRY KELLER, King's College London – The Dickson Poon School of Law
Email:
EMRE I BAYAMLIOĞLU, Koç University - Law School
Email:

PART I: INTRODUCING GLOBALISATION, LAW AND DIGITAL DEMOCRACY
1. Corien Prins, Setting the stage for analysing digital democracy through the lens of globalisation and global law
2. Maurice Adams, Democracy and the Democracy Debate: From City State to a Globalising Society?

PART II: COUNTRY SPECIFIC INITIATIVES
3. Karsten Meijer, Dutch digital manifestations of representative and monitory democracy.
4. Koen van Aeken, Digital manifestations of representative and monitory democracy in Belgium.
5. Mônica Steffen Guise Rosina and Alexandre Pacheco da Silva, Digital Democracy in Brazil: how open is the government to change?
6. Arpan Banerjee, Internet Censorship in India
7. Anne Meuwese, Popular Constitution-Making. The Case of Iceland.

PART III: SPHERES, ACTORS AND REGULATORY INSTRUMENTS
8. Emre Bayamlıoğlu, A Critical Theory of Social Media As Public Sphere
9. Rivka Weill, Digital Democracy: Do We Want Electronic Elections and Are They Constitutional?
10. Marie-José Garot, European citizens‘ initiative
11. Nicolo Zingales & Roxana Radu, In search of the holy grail: democratic multistakeholder governance in internet policy-making
12. Stefan Soeparman, Civic driven open data initiatives: transparantizing the workings and performance of the State?
13. Colette Cuijpers, Edemocracy; reconciling the interests of open data and data protection
14. Pedro Letai, Why can’t we be friends? Copyright and Freedom of Expression at the Crossroads of Digital Democracy

PART IV: AN AGENDA FOR REFLECTIONS ON GLOBALIZATION, LAW AND DIGITAL DEMOCRACY

^top

About this eJournal

Sponsored by: the Academic Law Libraries Special Interest Section of the American Association of Law Libraries and the Mid-America Association of Law Libraries.


This eJournal distributes working and accepted paper abstracts in all areas of legal information scholarship. Topics include (but are not limited to): 1) the impact of legal information on domestic, comparative, and international legal systems; 2) the treatment of legal information authorities and precedents (e.g., citation studies); 3) the examination of rules, practices, and commentary limiting or expanding applications of legal information (e.g., citation to unpublished opinions and to foreign law); 4) the study of economic, legal, political and social conditions limiting or extending access to legal information (e.g., trends in the legal publishing industry, intellectual property regimes, and open access initiatives); 5) the finding and use of legal information by academics to produce legal scholarship, by law students to learn the law, by attorneys in practice, and by judges and others decisionmakers to determine legal outcomes; 6) the history of legal information systems and technological advancements; 7) legal information system design and assessment; and 8) the relationship of substantive areas of law (such as information law, intellectual freedom, intellectual property, and national security law) and other academic disciplines (e.g., information science) to legal information. This includes the scholarship of law librarians, other legal scholars, and other academic disciplines.

The eJournal also includes working papers, forthcoming articles, recently published articles, and selected documents (such as White Papers, briefings, reports, course materials) on the practice of law librarianship. Submissions are welcome in all areas of law librarianship including: 1) administration, management, and leadership; 2) facility design and construction; 3) evaluating and marketing law library services; 4) all aspects of public, technical, and technology services; 5) collection development, including sample collection development policies and procedures; 6) electronic resource management and development including licensing, digitization, and institutional repositories; 7) research and reference services; and 8) legal research instruction teaching methods and substantial or innovative course materials.

Submissions

To submit your research to SSRN, sign in to the SSRN User HeadQuarters, click the My Papers link on left menu and then the Start New Submission button at top of page.

Distribution Services

If your organization is interested in increasing readership for its research by starting a Research Paper Series, or sponsoring a Subject Matter eJournal, please email: RPS@SSRN.com

Distributed by

Legal Scholarship Network (LSN), a division of Social Science Electronic Publishing (SSEP) and Social Science Research Network (SSRN)

Directors

LSN SUBJECT MATTER EJOURNALS

BERNARD S. BLACK
Northwestern University - School of Law, Northwestern University - Kellogg School of Management, European Corporate Governance Institute (ECGI)
Email: bblack@northwestern.edu

RONALD J. GILSON
Stanford Law School, Columbia Law School, European Corporate Governance Institute (ECGI)
Email: rgilson@leland.stanford.edu

Please contact us at the above addresses with your comments, questions or suggestions for LSN-Sub.

Advisory Board

Legal Information & Technology eJournal

DUNCAN ALFORD
Associate Dean/ Director of the Law Library, University of South Carolina School of Law, Associate Dean for the Law Library & Associate Professor of Law, University of South Carolina - Coleman Karesh Law Library

BARBARA BINTLIFF
Professor, University of Texas School of Law

GEORGIA BRISCOE
Associate Director and Head of Technical Services, William A. Wise Law Library, University of Colorado Law School

PAUL D. CALLISTER
Library Director & Associate Professor of Law, University of Missouri-Kansas City School of Law - Leon E. Bloch Law Library

MICHAEL CHIORAZZI
Associate Dean for Information Services, Professor of Law, Professor of Information Resources and Library Science, and Editor, Legal Reference Services Quarterly, University of Arizona - James E. Rogers College of Law, Cracchiolo Law Library

RICHARD A. DANNER
Rufty Research Professor of Law & Senior Associate Dean for Information Services, Duke University School of Law

MARK ENGSBERG
Assistant Professor of Law and Director of Library Services, Emory University School of Law - Hugh F. MacMillan Law Library

PENNY A. HAZELTON
University of Washington - School of Law, Professor of Law and Associate Dean for Library and Computing Services, University of Washington School of Law - Gallagher Law Library

MARCI HOFFMAN
International & Foreign Law Librarian, University of California School of Law Library - Boalt Hall Law Library

MARY A. HOTCHKISS
Director, Academic Advising, Senior Law Lecturer, University of Washington School of Law

RICHARD A. LEITER
Professor of Law and Director, University of Nebraska College of Law, Schmid Law Library

CAROL A. PARKER
Associate Dean for Finance & Administration; Professor of Law, University of New Mexico School of Law

MARYLIN J. RAISCH
Associate Law Librarian for International and Foreign Law, Georgetown University Law Library

JANET SINDER
Library Director and Associate Professor, Brooklyn Law School, Editor, Law Library Journal, American Association of Law Libraries