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Articles 1 - 15 of 15
Full-Text Articles in Law
The Nightmare Of Dream Advertising, Dustin Marlan
The Nightmare Of Dream Advertising, Dustin Marlan
William & Mary Law Review
Advertisers are attempting to market to us while we dream. This is not science fiction, but rather a troubling new reality. Using a technique dubbed “targeted dream incubation” (TDI), companies have begun inserting commercial messages into people’s dreams. Roughly, TDI works by: (1) creating an association during waking life using sensory cues (for example, a pairing of sounds, visuals, or scents); and (2) as the subject is drifting off to sleep, the association is again introduced with the goal of triggering related dreams with related subject matter. Based on a 2021 American Marketing Association survey, 77 percent of 400 companies …
Endorsing After Death, Andrew Gilden
Endorsing After Death, Andrew Gilden
William & Mary Law Review
An endorsement is an act of giving one’s public support to a person, product, service, or cause; accordingly, it might seem impossible for someone to make an endorsement after they have died. Nevertheless, posthumous endorsements have become commonplace in social media marketing and have been increasingly embraced by trademark and unfair competition laws. Entities representing Marilyn Monroe, for example, have successfully brought trademark claims for the unauthorized use of Monroe’s name, have successfully brought false endorsement claims under section 43(a) of the Lanham Act, and regularly have promoted products through the Instagram-verified “@marilynmonroe” page. Marilyn Monroe survives today as a …
Data Of The Dead: A Proposal For Protecting Posthumous Data Privacy, Kate C. Ashley
Data Of The Dead: A Proposal For Protecting Posthumous Data Privacy, Kate C. Ashley
William & Mary Law Review
No abstract provided.
The Internet Of Bodies, Andrea M. Matwyshyn
The Internet Of Bodies, Andrea M. Matwyshyn
William & Mary Law Review
This Article introduces the ongoing progression of the Internet of Things (IoT) into the Internet of Bodies (IoB)—a network of human bodies whose integrity and functionality rely at least in part on the Internet and related technologies, such as artificial intelligence. IoB devices will evidence the same categories of legacy security flaws that have plagued IoT devices. However, unlike most IoT, IoB technologies will directly, physically harm human bodies—a set of harms courts, legislators, and regulators will deem worthy of legal redress. As such, IoB will herald the arrival of (some forms of) corporate software liability and a new legal …
Determining The Deception Of Sexual Orientation Change Efforts, John M. Satira
Determining The Deception Of Sexual Orientation Change Efforts, John M. Satira
William & Mary Law Review
No abstract provided.
Viewing Unconscionability Through A Market Lens, David Gilo, Ariel Porat
Viewing Unconscionability Through A Market Lens, David Gilo, Ariel Porat
William & Mary Law Review
This Article calls for a move to a new phase in courts’ attitudes toward consumer contracts. Currently, courts applying the unconscionability doctrine to consumer contracts focus on the characteristics of the parties and the transaction. We suggest that rather than examining each consumer contract in isolation, courts should inquire whether there is competition, or potential competition, over contracts in the supplier’s market. As we show, competition over contracts is different from competition over products or services. In order to assess the degree of competition, or potential competition, over contracts, courts should look at the particular features of the supplier’s market …
Introduction: The Boundaries Of Intellectual Property Symposium, I. Trotter Hardy
Introduction: The Boundaries Of Intellectual Property Symposium, I. Trotter Hardy
William & Mary Law Review
No abstract provided.
Renting The Good Life, Jim Hawkins
Renting The Good Life, Jim Hawkins
William & Mary Law Review
Academic literature and court decisions are replete with calls to ban or severely inhibit the rent-to-own industry. The argument is simple enough: Rent-to-own firms charge exorbitant prices to the most needy and vulnerable segments of society. The case for burdensome regulations, however, is much more difficult to make out than past scholarship has admitted. For the most part, academics have proceeded directly to proposing specific regulations for the industry without first carefully analyzing the rent-to-own business or the reasons for imposing drastic regulations. This Article examines the theoretical justifications for regulating the rent-to-own industry against the backdrop of interviews I …
Rolling Over Borrowers: Preventing Excessive Refinancing And Other Necessary Changes In The Payday Loan Industry, Richard J. Thomas
Rolling Over Borrowers: Preventing Excessive Refinancing And Other Necessary Changes In The Payday Loan Industry, Richard J. Thomas
William & Mary Law Review
No abstract provided.
Toward A New Model Of Consumer Protection: The Problem Of Inflated Transaction Costs, Jeff Sovern
Toward A New Model Of Consumer Protection: The Problem Of Inflated Transaction Costs, Jeff Sovern
William & Mary Law Review
Contrary to the predictions of conventional economic theory, firms often benefit by increasing consumer transaction costs. Firms do so by, for example, obscuring contract terms in a variety of ways, such as providing them after the contract is agreed to, enclosing them with other more interesting information, using small print, and omitting important terms such as arbitration fees from the written contract. Firms also benefit by taking advantage of predictable consumer behaviors, such as the tendency of consumers not to seek rebates, to overload when provided with too much information, and to ignore dull information when overshadowed by vivid information. …
Gaps, Inexperience, Inconsistencies, And Overlaps: Crisis In The Regulation Of Genetically Modified Plants And Animals, Gregory N. Mandel
Gaps, Inexperience, Inconsistencies, And Overlaps: Crisis In The Regulation Of Genetically Modified Plants And Animals, Gregory N. Mandel
William & Mary Law Review
The regulation of genetically modified products pursuant to statutes enacted decades prior to the advent of biotechnology has created a regulatory system that is passive rather than proactive about risks, has difficulty adapting to biotechnology advances, and is highly fractured and inefficient-transgenic plants and animals are governed by at least twelve different statutes and five different agencies or services. The deficiencies resulting from this piecemeal approach to regulation unnecessarily expose society and the environment to adverse risks of biotechnology and introduce numerous inefficiencies into the regulatory system. These risks and inefficiencies include gaps in regulation, duplicative and inconsistent regulation, unnecessary …
Pharmaceutical Dispensing In The "Wild West": Advancing Health Care And Protecting Consumers Through The Regulation Of Online Pharmacies, Sean P. Haney
William & Mary Law Review
No abstract provided.
Consumer Arbitration As An Alternative To Judicial Preseizure Replevin Proceedings, Alan N. Resnick
Consumer Arbitration As An Alternative To Judicial Preseizure Replevin Proceedings, Alan N. Resnick
William & Mary Law Review
No abstract provided.
Protecting The Low Income Consumer: Procedural Due Process Revisited
Protecting The Low Income Consumer: Procedural Due Process Revisited
William & Mary Law Review
No abstract provided.
Wage Garnishment Under The Consumer Credit Protection Act: An Examination Of The Effects On Existing State Law, Douglas S. Wood
Wage Garnishment Under The Consumer Credit Protection Act: An Examination Of The Effects On Existing State Law, Douglas S. Wood
William & Mary Law Review
No abstract provided.