Francesca Bignami

Francesca Bignami
George Washington University | GW · School of Law

About

39
Publications
939
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381
Citations
Citations since 2016
6 Research Items
168 Citations
2016201720182019202020212022051015202530
2016201720182019202020212022051015202530
2016201720182019202020212022051015202530
2016201720182019202020212022051015202530

Publications

Publications (39)
Article
In the field of comparative constitutional law, the dominant approach to concept formation and research design is formal. That is, comparative projects generally identify what counts as the supreme law that can be enforced against all other sources of law based on the “constitutional” label of the positive law (written constitutions and the jurispr...
Article
At the request of the LIBE Committee of the European Parliament, this study surveys the U.S. system of data protection in the field of federal law enforcement. Since the legal category of “data protection” does not formally exist in U.S. law, the study begins by setting out the substantive and procedural requirements of EU law that are canvassed in...
Article
In 2014, the constitutional law topic for the International Congress of Comparative Law was “Social and Economic Rights as Fundamental Rights.” This national report on the American system, which responds to the extensive questionnaire circulated to the national reporters, analyzes the protections afforded for the right to social security at the fed...
Article
Notwithstanding the radically changed landscape of contemporary administrative governance, the categories that guide comparative administrative law and that determine what will be compared remain similar to those used at the founding of the discipline in the late 1800s. These categories are rooted in confidence in an expert bureaucracy to accomplis...
Article
The difference between European and American regulation of marketplace privacy is well-established: information privacy is protected more under European law than American law. Recently, with the revelation of a number of U.S. government, anti-terrorism programs, it has become clear that the transatlantic difference is not limited to the market. Als...
Article
This Article develops an explanation for the emergence of individual rights before the European Commission, one of the oldest and most powerful international organizations in existence today. I argue that, in the early days of the European Community, rights before the Commission were patterned on the laws and legal traditions of the dominant Member...
Article
This paper examines a recent twist in EU data protection law. In the 1990s, the European Union was still primarily a market-creating organization and data protection in the European Union was aimed at rights abuses by market actors. Since the terrorist attacks of New York, Madrid, and London, however, cooperation on fighting crime has accelerated....
Article
European countries have experienced massive structural transformations over the past twenty-five years with the privatization of state-owned industries, the liberalization of markets, and the rise of the European Union. According to one prominent line of analysis, these changes have led to the Americanization of European regulatory styles: previous...
Article
Transnational regulatory networks have become increasingly powerful over the past decades. For public law scholars, one of the most pressing questions raised by transnational networks is whether they respect the constitutional and administrative principles that have been developed within the context of the nation state. Although the focus of recent...
Article
This chapter provides an overview of comparative administrative law, with particular attention to European jurisdictions and the United States. The underlying conceptual similarity that serves to organize the comparative analysis is the purpose, common to these systems, of rendering public administration both capable and expert, on the one hand, an...
Article
This chapter examines attitudes towards national diversity in one piece of the emerging European constitution-the right to privacy. There is a thick constitutional culture of privacy in Europe. The familiar debate of how to balance the right to privacy against freedom of expression, the market, and public security can be heard in many places: befor...
Article
The theory of constitutional patriotism has been advanced as a solution to the European Union's legitimacy woes. Europeans, according to this theory, should recognize themselves as members of a single human community and thus acknowledge the legitimacy of Europe-wide governance based on their shared belief in a common set of liberal democratic valu...
Article
Antiterrorism intelligence sharing across national borders has been trumpeted as one of the most promising forms of networked global governance. By exchanging information across the world, government agencies can catch terrorists and other dangerous criminals. Yet this new form of global governance is also one of the most dangerous. Even at the dom...
Article
It is common knowledge that privacy in the market and the media is protected less in the United States than in Europe. Since the terrorist attacks of September 11, 2001, it has become obvious that the right to privacy in the government sphere too is protected less in the United States than in Europe. This Article brings alive the legal difference b...
Article
This article reviews the book, Law, Legitimacy, and European Governance: Functional Participation in Social Regulation, by Stijn Smismans. Law, Legitimacy, and European Governance is part of a movement to reinvent the Economic and Social Committee and the form of interest group politics that originated there — what Smismans calls “functional partic...
Article
An earlier draft of this Article was presented at a faculty workshop at the University of Illinois College of Law. (Author's Manuscript, March 2005) This analysis of how civil society can contribute to a better system of global governance draws on the political philosophy of civil society and the comparative law of democracy. Its first part describ...
Article
This paper conceptualises European governance as a continuous series of collective action games among national regulators. European administration is theorized as a set of mutually beneficial relations among independent regulators, rather than as a hierarchy of supranational institutions, courts, and national administrators. The collective action a...
Article
Foreword to vol. 68 Law & Contemporary Problems (Winter 2004)
Article
This paper develops a conceptual framework for analyzing the development of participation rights in Community administration from the early 1970's to the present day. Procedural rights can be divided into three categories, each of which is associated with a distinct phase in Community history and a particular set of institutional actors. The first...
Article
Parliamentary democracy is the dominant paradigm in the European Community's democratic deficit debate.
Article
This article reviews two books: Rulemaking, Participation and the Limits of Public Law in the USA and Europe by Theodora Th. Ziamou and Governing by Numbers by Edward C. Page. In Rulemaking, Ziamou compares the law of rulemaking in the United States, Germany, Greece, and England. Ziamou covers the distinction between administrative rules and other...
Article
Among the most interesting features of the New Transatlantic Agenda are the initiatives that are designed to link private actors and enable them to influence official policy making. Called "building bridges across the Atlantic" or "people-to-people links," these initiatives are intended to generate broad-based support for intergovernmental cooperat...
Article
This article analyzes mixed administration through a detailed case study of the operation of the European Data Protection Directive in Italy. For purposes of this contribution, a mixed procedure is an administrative process, established by Treaty or European legislation, in which national and European administration share responsibility for a singl...
Article
Recent legal scholarship has focused on the harmonization of national procedure through the case law of the European Court of Justice. In this paper, I cast the net more widely, to include harmonization of procedure through Community legislation, namely directives. Judicial and legislative harmonization of national administrative law are part of th...
Article
This paper examines a recent twist in EU data protection law. In the 1990s, the European Union was still primarily a market-creating organization and data protection in the European Union was aimed at rights abuses by market actors. Since the terrorist attacks of New York, Madrid, and London, however, cooperation on fighting crime has accelerated....
Article
European countries have experienced massive structural transformation over the past twenty-five years with the privatization of state-owned industries, the liberalization of markets, and the rise of the European Union. According to one prominent line of analysis, these changes have led to the Americanization of European regulatory styles: previousl...

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