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Full-Text Articles in Law
Regulating Data Breaches: A Data Superfund Statute, Kyle Mckibbin
Regulating Data Breaches: A Data Superfund Statute, Kyle Mckibbin
Vanderbilt Journal of Entertainment & Technology Law
Collecting and processing large amounts of personal data has become a fundamental feature of the modern economy. Personal data, combined with good data analytics, are valuable to businesses as they can provide highly detailed information about individual preferences and behaviors. This data collection can also be valuable to the consumer as it generates innovative products and digital platforms. The era of big data promises great rewards, but it is not without its costs. Data breaches, or the release of personal data into unwanted hands, are pervasive and increasingly massive in scale. Despite the personal privacy harm caused by data breaches, …
A Fresh Look At State Asset Protection Trust Statutes, Ronald J. Mann
A Fresh Look At State Asset Protection Trust Statutes, Ronald J. Mann
Vanderbilt Law Review
This Article examines the rise of state asset protection trust ('APT) statutes. It juxtaposes two apparently contrary trends: an increase in formal legal responses suggesting that the trusts created under these statutes are likely to have at best limited enforceability and an increase in the adoption and use of these statutes. After summarizing the legal background out of which these two trends arise, I analyze the characteristics of the states that have chosen to adopt them to date and conclude that the size of a state is less predictive of adoption than broader social and economic characteristics of the populace. …
Market Incentives For Safety, W. Kip Viscusi
Market Incentives For Safety, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
In the heated atmosphere generated by inch-high headlines and multimillion-dollar liability suits, two important facts often get lost. First, society's awareness of what ensuring reasonably complete safety would cost rarely matches the intensity of its demands for such assurance. And second, the most powerful forces working to make products and workplaces safer are not the edicts of government but the dynamics of the market. True, there are situations in which the market cannot by itself create effective incentives for safety, but in the vast majority of cases it can-and does. Drawing on his extensive research into the regulation of risk, …