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Articles 1 - 11 of 11
Full-Text Articles in Law
Big Data And Competition Policy, Maurice Stucke, Allen Grunes
Big Data And Competition Policy, Maurice Stucke, Allen Grunes
College of Law Faculty Scholarship
From the Publisher: Big Data and Big Analytics are a big deal today. Big Data is playing a pivotal role in many companies' strategic decision-making. Companies are striving to acquire a 'data advantage' over rivals. Data-driven mergers are increasing. These data-driven business strategies and mergers raise significant implications for privacy, consumer protection and competition law. At the same time, European and United States' competition authorities are beginning to consider the implications of a data-driven economy on competition policy. In 2015, the European Commission launched a competition inquiry into the e-commerce sector and issued a statement of objections in its Google …
Is Your Digital Assistant Devious?, Maurice Stucke, Ariel Ezrachi
Is Your Digital Assistant Devious?, Maurice Stucke, Ariel Ezrachi
College of Law Faculty Scholarship
Who wouldn’t want a personal butler? Technological developments have moved us closer to that dream. The rise of digital personal assistants has already changed the way we shop, interact and surf the web. Technological developments and artificial intelligence are likely to further accelerate this trend. Indeed, all of the leading online platforms are currently investing in this technology. Apple’s Siri, Amazon’s Alexa, Facebook’s M, and Google Assistant can quickly provide us with information, if we so desire, and anticipate and fulfill certain needs and requests. Yet, could they also reduce our welfare? Could they limit competition and transfer our wealth …
Tennessee Workers: Dying For A Job, Frances Ansley
Tennessee Workers: Dying For A Job, Frances Ansley
College of Law Faculty Scholarship
No abstract provided.
Classcrits 8: New Spaces For Collaboration And Contemplation [Comments], Lucille Jewel, Wendy Bach
Classcrits 8: New Spaces For Collaboration And Contemplation [Comments], Lucille Jewel, Wendy Bach
College of Law Faculty Scholarship
No abstract provided.
When Competition Fails To Optimize Quality: A Look At Search Engines, Maurice Stucke, Ariel Ezrachi
When Competition Fails To Optimize Quality: A Look At Search Engines, Maurice Stucke, Ariel Ezrachi
College of Law Faculty Scholarship
The European Commission’s Statement of Objections forms the latest addition to the ongoing debate on the possible misuse of Google’s position in the search engine market. The scholarly debate, however, has largely been over the exclusionary effects of search degradation. Less attention has been attributed to the dimension of quality – whether and how a search engine, faced with rivals, could degrade quality on the free side.We set out to address this fundamental issue: With the proliferation of numerous web search engines and their free usage and availability, could any search engine degrade quality?We begin our analysis with a review …
Old-School Rhetoric And New-School Cognitive Science: The Enduring Power Of Logocentric Categories, Lucille Jewel
Old-School Rhetoric And New-School Cognitive Science: The Enduring Power Of Logocentric Categories, Lucille Jewel
College of Law Faculty Scholarship
For thousands of years, the contours of Western legal argument have remained unchanged. Since the time of the ancient Greeks, lawyers have been presenting arguments in the same basic format, with a heavy reliance on the concept of logos, the idea that arguments are most persuasive when presented in a clear deductive logical structure using clean-cut categories. Forming the basis for the terms that appear in logocentric legal arguments, categories allow humans to group facts and information together into classes. For instance, chairs, tables, and beds occupy the category of furniture and cars; trucks, and motorcycles occupy the category of …
Comments On Regulations Enabling Elections For Certain Transactions Under Section 336(E), Don Leatherman
Comments On Regulations Enabling Elections For Certain Transactions Under Section 336(E), Don Leatherman
College of Law Faculty Scholarship
These Comments, submitted on behalf of the American Bar Association Section of Taxation, discuss regulations that implement an election under section 336(e) to treat a target as if it sold its assets in a taxable sale when the target stock is sold or distributed. The regulations represent a significant step in the evolution of the corporate income tax law, allowing some transactions to be structured more simply and without unwarranted tax. The simplification arises because, unlike for a section 338 election, the target stock does not have to be acquired in large part by a corporate purchaser.If a section 336(e) …
Comin' Through The Rye: A Requiem For The Tennessee Summary Judgment Standard, Matthew Lyon, Judy Cornett, T. Panter
Comin' Through The Rye: A Requiem For The Tennessee Summary Judgment Standard, Matthew Lyon, Judy Cornett, T. Panter
College of Law Faculty Scholarship
What must a defendant do to be granted summary judgment inTennessee? This question has given rise to a long, hotly contestedbattle over the proper role of summary judgment and, ultimately,who should bear the burden of producing evidence and when. Theevolution of Tennessee’s summary judgment standard—from theadoption of the Tennessee Rules of Civil Procedure in 1971 to theTennessee Supreme Court’s most recent interpretation of Rule 56 in2015—is a story of competing visions of the benefits and burdensassociated with civil litigation. How much time should an aggrievedparty have to marshal evidence in support of its claim? How muchtime and money should an …
Good Ole Rocky Top: Rocky Top Tennessee, Brian Krumm, Liz Natal
Good Ole Rocky Top: Rocky Top Tennessee, Brian Krumm, Liz Natal
College of Law Faculty Scholarship
No abstract provided.
Mandatory Adr Notice Requirements: Gender Themes And Intentionality In Policy Discourse, Becky Jacobs
Mandatory Adr Notice Requirements: Gender Themes And Intentionality In Policy Discourse, Becky Jacobs
College of Law Faculty Scholarship
A number of regulatory bodies impose a mandatory duty on lawyers to notify their clients of alternative forms of dispute resolution in connection with any engagement involving a conflict, potential lawsuit, or lawsuit. The propriety of such a requirement is subject to an on-going, and increasingly predictable, debate focused upon the scope of the duty and any exemptions therefrom and upon its intrusiveness vis-à-vis lawyer autonomy. This article reviews the relevant ethical rules and the debate inspired thereby; considers the gender-related themes present and, more importantly, absent in this debate; and raises questions about the possible pragmatic and policy-related impacts …
Accommodating Pregnancy, Brad Areheart
Accommodating Pregnancy, Brad Areheart
College of Law Faculty Scholarship
Courts have interpreted the Americans with Disabilities Act (ADA) and the Pregnancy Discrimination Act (PDA) not to affirmatively require accommodations for pregnant workers. This has generated protest and led all three branches of the federal government to address the issue of pregnancy rights. The Pregnant Workers Fairness Act is pending in Congress and has drawn strong vocal support from President Barack Obama. The U.S. Supreme Court recently decided Young v. UPS, which found the PDA does not affirmatively require pregnancy accommodations. Finally, many commentators have argued in support of considering pregnancy a disability under the ADA.This Article agrees substantively with …