Note by Grace Lee
2021
Since South Korea began its path toward industrialization after
the Korean War, chaebol firms—conglomerates led by a singlefamily head, characterized by numerous affiliates and subsidiaries
spanning several industries—have driven Korean economic
development. Bolstered by support from the Korean government,
these firms operated unchecked until the Asian Financial Crisis drew
international attention on the inefficiencies and abuses of power that
surrounded chaebol firms. Since the Crisis, the Korean government
has endeavored to reform Korean corporate law and place greater
checks on the chaebol leaders’ abuses of power. These attempts have
been largely unsuccessful, however, because the Korean business and
political elite use the rigid and ever-present influences of
Confucianism to perpetuate unbalanced societal power structures
and entrench their positions in Korean society. To achieve
substantive change, rather than pushing back against Confucian
ideals, policymakers must utilize traditional values to promote
stricter corporate governance standards and urge managerial
officers in companies to internalize these changes and encourage a
similar shift in thought throughout their staff.
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Recommended Citation: Grace Lee, Taming the Beast: Confucianism as the Key to Reforming Korea’s Chaebol System for the Common Good, 45 Fordham Int'l L.J. 155 (2021).
What’s Your Privacy Worth on the Global Tech Market?
Note by Sydney Wolofsky
2021
The world is currently in an artificial intelligence (“AI”) arms race,
whereby the first nation to develop AI will become the global super nation.
That country will set the precedent for generations of future economic,
technological, medical, and societal growth. While companies like
Facebook, Google, and Amazon have propelled the United States to the
front of this race for AI dominance, corporations have over-stepped ethical
norms of data gathering and processing: methods necessary for
technological development. Numerous data privacy breaches have left
some consumers unlikely to ever share their data willingly without some
assurances of protection. Noting these corporate scandals and data’s
potential for abuse, many countries have implemented data privacy laws
to protect consumers. Statutes enacted for this purpose include the
European Union’s ratification of the General Data Protection Regulation
(“GDPR”), the United States’ various local statutes, and China’s
cybersecurity law (“CSL”) and its Personal Information Security Specification (“2018 Specification”). This Note argues that enacting
wide-spread legislation as a means of protecting consumer data will cause
more problems than it solves. Over-legislating technology will threaten
innovation as tight-leashed constraints on development hinder growth.
The consequences to a nation’s global stance in this race to innovate are
tantamount to individuals’ privacy interests. The real battle will be
treading the line between protecting citizens’ privacy while facilitating
technological growth. After examining the flaws with the GDPR, the CSL,
and the 2018 Specification, this Note urges the United States to enact a
federally binding data privacy statute, incorporating some principles
found within various pieces of legislation, that strikes a balance between
protecting consumer data privacy and enabling technological innovation.
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Recommended Citation: Sydney Wolofsky, What’s Your Privacy Worth on the Global Tech Market? Weighing the Cost of Protecting Consumer Data Against the Risk that New Legislation May Stifle Competition and Innovation During this Global, Technological Revolution., 44 Fordham Int'l L.J. 1149 (2021).