Boden Lecture: Gerken Warns About “Shadow Parties” Dominating Politics

Heather Gerken views the political party faithful in the Republican and Democratic parties as “the most glorious creatures in American politics.”

But Gerken, the J. Skelly Wright Professor at Yale Law School, told several hundred people in the Appellate Courtroom in Eckstein Hall on Monday that she is concerned that the party faithful are being left out as political power moves increasingly into “shadow parties” of powerful people in political elites. She feared the result would be a decrease in the force on parties to “do right” by voters.

Gerken, whose views on how politics works in America have received wide attention from both scholars and policymakers, gave the annual Boden Lecture at Marquette University Law School.

In a second session at the Law School, she addressed a separate provocative topic: how innovation in American policy has been undertaken increasingly at the state and local levels in recent years, rather than at the national level. She discussed “How ‘Local’ Should Politics Be?” along with Charles Franklin, professor of law and public policy at the Law School, and Craig Gilbert, Washington bureau chief of the Milwaukee Journal Sentinel, as part of the “On the Issues with Mike Gousha” series.

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The 3L Bucket List

 

I had every intention to make my first blog posting something legitimate, legally substantive, and professional. But then my moot court brief was due; I fell behind on all my readings; and Miley Cyrus was on SNL. While watching my girl Miley on SNL I was able to stop and appreciate the chaos that is my life as 3L. Miley does whatever she wants, whenever she wants, and that freedom is something I greatly envy at this juncture of my life. Despite doing things that are somewhat controversial, Miley is making the most of her life and she is having a great time doing it. So it got me thinking: before I know it law school will be over. Despite all the chaos, there are a lot of things I want to accomplish before I graduate. I really want to make the most of my remaining months as a law student and have a great time doing it. So I compiled a list of things I would like to accomplish before I graduate in May. Without further ado, here is my 3L bucket list: 

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What the Heck Is Drawbridge?

scaredy catYou won’t find out from this New York Times front-page story from yesterday, which is disappointingly long on alarmism but scarce on details, a phenomenon all too frequent in privacy reporting. In the third sentence — immediately after anthropomorphizing smartphones — the story tells us that “advertisers, and tech companies like Google and Facebook, are finding new, sophisticated ways to track people on their phones and reach them with individualized, hypertargeted ads.” Boy, that sounds bad — exactly what horrible new thing have they come up with now?

The third paragraph tells us only what privacy advocates fear. The fourth mentions the National Security Agency. The fifth quotes privacy scholar Jennifer King saying that consumers don’t understand ad tracking.

The sixth paragraph finally gives us a specific example of the “new, sophisticated ways” advertisers and tech companies are “track[ing] people on their phones”: Drawbridge. What does Drawbridge do? It’s “figured out how to follow people without cookies, and to determine that a cellphone, work computer, home computer and tablet belong to the same person, even if the devices are in no way connected.” But this doesn’t tell us much. There are more and less innocuous ways to accomplish the goal of tracking users across devices. On the innocent end of the scale, a website could make you sign into an account, which would allow it to tell who you are, no matter what computer you use. On the malevolent end of the scale, it could hack into your devices and access personal information that is then linked to your activity. The key question is, how is Drawbridge getting the data it is using to track users, and what is in that data?

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