Andrea Gallinucci-Martinez | Columbia University Law School (original) (raw)
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University of North Carolina at Charlotte
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Papers by Andrea Gallinucci-Martinez
In this article, I argue that the preferred way to shape an American right to be forgotten is to ... more In this article, I argue that the preferred way to shape an American right to be forgotten is to grant users the control of their online personal data via expressed contractual obligations included in the terms of use and conditions of internet service providers. To pave the road to that assessment, I first discuss the evolution of the right to be forgotten in Europe, the competing values behind its creation, and the current scope and limits of the right. Then, I analyze whether a 2017 bill introduced in the New York State Assembly that expressly mirrors the European right to be forgotten can survive First Amendment constitutional muster. After having concluded that the bill would not pass the constitutional test, I examine whether and to what extent considering the right to be forgotten as an implied contractual obligation between users and service providers represents a viable theory for shaping an American version of the European right to be forgotten. Finally, in light of the recent Cambridge Analytica scandal and the entry into force of the General Data Protection Regulation, I argue that it is time to rethink online privacy in terms of expressed contractual obligations.
Section A of this paper discusses the historical evolution of clinical legal programs in the Unit... more Section A of this paper discusses the historical evolution of clinical legal programs in the United States, the homeland of clinical legal education. Next, the current framework of Italian legal clinics is discussed, focusing on its American heritage and associated nuances.
Section B considers why mediation would be particularly suitable for the creation of an Italian legal clinic, given the recent incentives created by the European legislature to strengthen alternative dispute resolution. The evolution of the Columbia Law School Mediation Clinic is described, from its beginning to the recent creation of an advanced clinic model, and insights from this process are discussed in terms of the Italian legal and family environment.
Section C lays out baseline considerations and recommendations for creating a family mediation clinic at LUMSA. Three different approaches to family and community mediation previously adopted in the context of clinical legal education are analysed: facilitative mediation, transformative mediation, and peacemaking circle. A model for the clinic is proposed, with suggestions for sources and materials from which the curriculum might be drawn.
Sommario: Introduzione -1. Clausole compromissorie in contratti B2C: giurisprudenza americana -2.... more Sommario: Introduzione -1. Clausole compromissorie in contratti B2C: giurisprudenza americana -2. Giurisprudenza della Corte di giustizia dell'Unione europea -2.1 Il caso Mostaza Claro -2.2 Il caso Asturcom -3. Conclusioni.
In this article, I argue that the preferred way to shape an American right to be forgotten is to ... more In this article, I argue that the preferred way to shape an American right to be forgotten is to grant users the control of their online personal data via expressed contractual obligations included in the terms of use and conditions of internet service providers. To pave the road to that assessment, I first discuss the evolution of the right to be forgotten in Europe, the competing values behind its creation, and the current scope and limits of the right. Then, I analyze whether a 2017 bill introduced in the New York State Assembly that expressly mirrors the European right to be forgotten can survive First Amendment constitutional muster. After having concluded that the bill would not pass the constitutional test, I examine whether and to what extent considering the right to be forgotten as an implied contractual obligation between users and service providers represents a viable theory for shaping an American version of the European right to be forgotten. Finally, in light of the recent Cambridge Analytica scandal and the entry into force of the General Data Protection Regulation, I argue that it is time to rethink online privacy in terms of expressed contractual obligations.
Section A of this paper discusses the historical evolution of clinical legal programs in the Unit... more Section A of this paper discusses the historical evolution of clinical legal programs in the United States, the homeland of clinical legal education. Next, the current framework of Italian legal clinics is discussed, focusing on its American heritage and associated nuances.
Section B considers why mediation would be particularly suitable for the creation of an Italian legal clinic, given the recent incentives created by the European legislature to strengthen alternative dispute resolution. The evolution of the Columbia Law School Mediation Clinic is described, from its beginning to the recent creation of an advanced clinic model, and insights from this process are discussed in terms of the Italian legal and family environment.
Section C lays out baseline considerations and recommendations for creating a family mediation clinic at LUMSA. Three different approaches to family and community mediation previously adopted in the context of clinical legal education are analysed: facilitative mediation, transformative mediation, and peacemaking circle. A model for the clinic is proposed, with suggestions for sources and materials from which the curriculum might be drawn.
Sommario: Introduzione -1. Clausole compromissorie in contratti B2C: giurisprudenza americana -2.... more Sommario: Introduzione -1. Clausole compromissorie in contratti B2C: giurisprudenza americana -2. Giurisprudenza della Corte di giustizia dell'Unione europea -2.1 Il caso Mostaza Claro -2.2 Il caso Asturcom -3. Conclusioni.