POSTS BY Bilyana Petkova

Populism and Judicial Backlash in the United States and Europe

Common criticisms of judicial activism stretch from the somewhat outdated but nonetheless repeatedly re-emerging argument of courts’ “counter-majoritarian difficulty”1)Alexander M. Bickel, The Least Dangerous Branch: The Supreme Court at the Bar of Politics 16 (1962). to the prevalence of disagreement in plural societies concerning the substance and scope of human rights.2) Richard Bellamy, “Rights as […]

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Could the Schrems decision trigger a regulatory "race to the top"?

By and large the possibility of challenging mass surveillance worldwide can be strengthened by two factors. Perhaps counter-intuitively, the first should be the support of the business community. The second is democracy.

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Data Protection in the US and the EU: the Case for Federal Solutions

Which level is better placed to provide efficient data protection – the federal or the state level? This question is topical both in the United States and in the European Union. In the US, there are concerns regarding the increased fragmentation of American data privacy law and the lack of relevant federal consolidation. In the EU, the proposed General Data Protection Regulation (GDPR) supposed to replace the Directive of 1995 was met with opposition regarding the “over-centralization of powers” in the European institutions.

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