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Intro to US Privacy Law: the Lens of Race (Allen)
Spring 2021   LAW 533-001  

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Meeting Times/Location
TR 3:00PM - 4:20PM

Faculty
Anita L. Allen

Henry R. Silverman Professor of Law and Professor of Philosophy

aallen@law.upenn.edu
Additional Information

Skills Training
Expository Writing

Grading
5% Participation,
95% Exam

Exam
Short Answer,
Essay,
In Class,
Open-Book

Satisfies Senior Writing Requirement

With Permission of Instructor
If you are an upper class student and would like to write a paper on a topic directly related to the course and have a clear topic in mind and a research plan, you may seek permission to write a paper in lieu of taking the final exam. Please send Prof. Allen your detailed topic statement and research pan.

Location

Class meets online.

Course Continuity
Students are encouraged to stay home if you are ill or experience flu-like symptoms. If you miss a class for any reason, it is still your responsibility to make up the work missed.

I offer the following to students who miss class due to illness:

- Class sessions are regularly recorded. If you are absent due to illness or some other unavoidable circumstance, contact Felicia Lin, the Dean of Students. Upon receipt of her authorization, I will email instructions to you for accessing the recording for the class session(s) you missed.

Category
First-Year

Credits
3.0

A designated 1L elective, this new three-credit lecture course will provide a unique introduction to the common law, constitutional law and federal statutes that comprise American privacy and data protection law. The course will highlight the intersections of race and privacy, both historically and in the current digital, politically divisive era.

Stressing the political and ethical values that inform the law, the course will explore how the interests and contributions of African Americans and other minority groups have shaped privacy law, policy and theory; how privacy laws, along with business and governmental policies and practices, can advance, target, and exclude minority groups’ interests; and how privacy-impacting technologies, including cameras, drones, algorithms, encryption, facial recognition and smart phones can be used as mechanisms of surveillance and control.

There are no prerequisites for this course, but enrollment is limited to law and graduate students, with 1L students given priority. Upper class students who have previously taken Sophia Lee’s or Christopher Yoo’s Privacy Law courses or seminars may enroll, as space allows. Evaluation will be based on class participation exercises and a final examination.

Course Concentrations

Business and Corporate Law Learning outcomes: Demonstrate a core understanding of business and corporate law; Perform legal analysis in the context of business and corporate law; Communicate effectively on topics related to business and corporate law; Demonstrate an understanding of the interconnection between the world of business and finance and that of business and corporate law, and how they affect other areas of law and society.

International and Comparative Law Learning outcomes: Demonstrate a core understanding of international and comparative law, both substantively and procedurally; Perform legal analysis in the context of international and comparative law; Communicate effectively on topics related to international and comparative law; Demonstrate an understanding of the role of international and comparative law, and their interconnection with domestic law.

Constitutional Law Learning outcomes: Demonstrate a core understanding of constitutional law; Perform legal analysis in the context of constitutional law; Communicate effectively on topics related to constitutional law; Demonstrate an understanding of constitutional law affects other areas of law.

Courts and the Judicial System Learning outcomes: Demonstrate a core understanding of both substantive and procedural issues in the operation of our legal system; Perform legal analysis in the context of procedural issues and the judicial process; Communicate effectively on topics related to procedure and the judicial process; Demonstrate an understanding of how procedural issues and the judicial process affect all other area of our legal system.

Intellectual Property and Technology Law Learning outcomes: Demonstrate a core understanding of intellectual property law; Perform legal analysis in the context of intellectual property law; Communicate effectively on topics related to intellectual property; Demonstrate an understanding of the interconnection between technology and intellectual property, and how they affect other areas of law and society.

Perspectives on the Law Learning outcomes: Demonstrate an understanding of how the law affects, and is affected by, the individual course topic; Perform legal analysis in the context of the individual course topic; Communicate effectively on the legal and other aspects of the individual course topic; Demonstrate the ability to use other disciplines to analyze legal issues relevant to the individual course topic, including economics, philosophy, and sociology, as appropriate.

Administrative and Regulatory Law Learning outcomes: Demonstrate a core understanding of administrative and regulatory law and the administrative process, including the role of statutory authorization and work of administrative agencies; Perform legal analysis in the context of administrative and regulatory law; Communicate effectively on topics related to administrative and regulatory law; Demonstrate an understanding of the role administrative and regulatory law play in our legal system and in society as a whole.

Professional Responsibility and Ethics Learning outcomes: Demonstrate an understanding of how the law affects, and is affected by, the individual course topic; Perform legal analysis in the context of the individual course topic; Communicate effectively on the legal and other aspects of the individual course topic; Demonstrate the ability to use other disciplines to analyze legal issues relevant to the individual course topic, including economics, philosophy, and sociology, as appropriate.

Public Interest Learning outcomes: Demonstrate a core understanding of the varied legal aspects of public interest law; Perform legal analysis in the context of public interest law; Communicate effectively on topics related to public interest law; Demonstrate an understanding of how public interest law is connected to and affected by a wide variety of legal and regulatory structures and doctrines.

Equity and Inclusion Learning outcomes: Demonstrate a core understanding of the varied legal aspects of equity and inclusion; Perform legal analysis in the context of topics related to equity and inclusion; Communicate effectively on the legal aspects of equity and inclusion; Demonstrate an understanding of how equity and inclusion are connected to and affected by a wide variety of legal and regulatory structures and doctrines.


Textbooks

"Privacy Law and Society" by Anita L. Allen and Marc Rotenberg
Edition: 3rd edition
Publisher: West Law
ISBN: 9781634596992
Required

"Unpopular Privacy: What Must we Hide" by Anita Allen
Edition: 1st edition
Publisher: Oxford
ISBN: 9780195141375
Required