The Yale Law Journal

Jane R. Bambauer

Forum

Should Tort Law Care About Police Officers?

Ellen M. Bublick & Jane R. Bambauer

Professors Ellen Bublick and Jane Bambauer argue that the common law has expanded, and should continue to expand, the civil legal rights of wrongfully injured people, including police. There is value in using civil enforcement to hold both civilians and officers accountable for the unjustified harms…

Forum

How to Get the Property Out of Privacy Law

Jane R. Bambauer

Privacy law emphasizes control over “your” data, but requiring consent for each data use is unprincipled, not to mention utterly impractical in the AI era. American lawmakers should reject the property model and use a framework that creates defined zones of privacy and clear safe harbors, irrespecti…