In this paper, we identified five fundamental principles for developing data protection law cours... more In this paper, we identified five fundamental principles for developing data protection law courses in today’s digital age. The paper outlines the broader context of the transformation of legal education in a digital age; describes the importance of integrating legal-thinking and design-thinking with a deeper understanding of the underlying technologies and user-interfaces; and introduces the main features of a new approach to teaching data protection and privacy. The main argument of the paper is to suggest that the data protection lawyer of the future will become a key intermediary of innovation – or a ‘transaction engineer’ – who helps facilitate and coordinate new forms of business and other social relationships; contributes to harnessing the benefits of disruptive technologies, automation and digital connectivity to build next generation legal services; and contributes to the development of a legally compliant and socially responsible technological infrastructure. To perform this function effectively, however, data protection professionals need to develop a new mindset, along with several new skills and capacities, including a better understanding of the technological architecture of a post-digital transformation world, as well as the power and importance of legal design. Crucially, this means re-visiting the law school curriculum and legal education, more generally. From a pedagogical perspective, we propose a task-oriented, “sandbox”, and “gamified” approach to data protection law that delivers a more meaningful student experience in which students are given the space to experiment via engagement with timely and practical problems.
This book discusses the global and local processes of legal education reform and resistance and e... more This book discusses the global and local processes of legal education reform and resistance and explains what these processes mean for law and lawyers inside and outside of the United States. It provides critical insights into how these transnational processes operate in different jurisdictions around the world in light of globalization and local legal structures and hierarchies. It also shows how institutions and practices of legal education have historically moved across jurisdictions and shaped legal education practices transnationally. The impact of European empires, for example, is still very evident in legal reform impacts today. The book analyzes how diffusion relates not only to empires and imperial competition but also in recent decades the rise in power of the United States after the Cold War, including the related diffusion of neoliberal economic policies that have fueled the spread of corporate law firms modeled on the United States and legal education reforms aiming toward the training of corporate lawyers. This new wave of reform is critically examined by focusing on how these global processes intersect with local structures of power. The book recognizes that this power of US approaches was not inevitable and is subject to change as global power, including the rise of China, shifts. What is often portrayed as convergence to “best practices” in legal education is inseparable from shifting global hierarchies and balances of power.
Although economic globalization has transformed contemporary conceptions of space, location still... more Although economic globalization has transformed contemporary conceptions of space, location still matters enormously for both individual entrepreneurs seeking to develop a sustainable business and policy makers looking to foster entrepreneurship within a particular city or region. In making the decision where to locate, what factors does an entrepreneur need to consider? What type of region offers a young firm most support in developing innovative products or services necessary to succeed today? And what capacities should government and policy makers be looking to develop in order to ensure that multiple startups decide to start operations in their particular region?This paper focuses on three “success conditions” that we believe are important in assisting entrepreneurs and governments in building successful startups and flourishing startup communities. First, it is important to understand the main risks facing startup ecosystems, notably skepticism, theatre and scaling. Second, the local character (or “Local DNA”) and path dependencies of a region are crucial. Finally, all startup communities need to develop strong links with resources that exist at a global level.
In this paper, we identified five fundamental principles for developing data protection law cours... more In this paper, we identified five fundamental principles for developing data protection law courses in today’s digital age. The paper outlines the broader context of the transformation of legal education in a digital age; describes the importance of integrating legal-thinking and design-thinking with a deeper understanding of the underlying technologies and user-interfaces; and introduces the main features of a new approach to teaching data protection and privacy. The main argument of the paper is to suggest that the data protection lawyer of the future will become a key intermediary of innovation – or a ‘transaction engineer’ – who helps facilitate and coordinate new forms of business and other social relationships; contributes to harnessing the benefits of disruptive technologies, automation and digital connectivity to build next generation legal services; and contributes to the development of a legally compliant and socially responsible technological infrastructure. To perform this function effectively, however, data protection professionals need to develop a new mindset, along with several new skills and capacities, including a better understanding of the technological architecture of a post-digital transformation world, as well as the power and importance of legal design. Crucially, this means re-visiting the law school curriculum and legal education, more generally. From a pedagogical perspective, we propose a task-oriented, “sandbox”, and “gamified” approach to data protection law that delivers a more meaningful student experience in which students are given the space to experiment via engagement with timely and practical problems.
This book discusses the global and local processes of legal education reform and resistance and e... more This book discusses the global and local processes of legal education reform and resistance and explains what these processes mean for law and lawyers inside and outside of the United States. It provides critical insights into how these transnational processes operate in different jurisdictions around the world in light of globalization and local legal structures and hierarchies. It also shows how institutions and practices of legal education have historically moved across jurisdictions and shaped legal education practices transnationally. The impact of European empires, for example, is still very evident in legal reform impacts today. The book analyzes how diffusion relates not only to empires and imperial competition but also in recent decades the rise in power of the United States after the Cold War, including the related diffusion of neoliberal economic policies that have fueled the spread of corporate law firms modeled on the United States and legal education reforms aiming toward the training of corporate lawyers. This new wave of reform is critically examined by focusing on how these global processes intersect with local structures of power. The book recognizes that this power of US approaches was not inevitable and is subject to change as global power, including the rise of China, shifts. What is often portrayed as convergence to “best practices” in legal education is inseparable from shifting global hierarchies and balances of power.
Although economic globalization has transformed contemporary conceptions of space, location still... more Although economic globalization has transformed contemporary conceptions of space, location still matters enormously for both individual entrepreneurs seeking to develop a sustainable business and policy makers looking to foster entrepreneurship within a particular city or region. In making the decision where to locate, what factors does an entrepreneur need to consider? What type of region offers a young firm most support in developing innovative products or services necessary to succeed today? And what capacities should government and policy makers be looking to develop in order to ensure that multiple startups decide to start operations in their particular region?This paper focuses on three “success conditions” that we believe are important in assisting entrepreneurs and governments in building successful startups and flourishing startup communities. First, it is important to understand the main risks facing startup ecosystems, notably skepticism, theatre and scaling. Second, the local character (or “Local DNA”) and path dependencies of a region are crucial. Finally, all startup communities need to develop strong links with resources that exist at a global level.
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Papers by Mark Fenwick