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Articles 1 - 4 of 4
Full-Text Articles in Law
The (Unfilled) Fintech Potential, Aluma Zernik
The (Unfilled) Fintech Potential, Aluma Zernik
Notre Dame Journal on Emerging Technologies
Part I explores the idea that technology has the utopian potential to significantly improve the way individuals make financial decisions. Part II discusses some existing market failures, while presenting the potential of technological innovation in resolving such failures. Part III presents the realized potential of such innovative products, analyzing the design of credit card comparison websites, financial management tools, and mobile wallets. I will demonstrate the significant benefits of such products, and yet the limited realization of the potential advantages of such services. Part IV presents several explanations for why such potential is not being fully realized. These explanations may …
Antitrust And Two-Sided Platforms: The Failure Of American Express, John B. Kirkwood
Antitrust And Two-Sided Platforms: The Failure Of American Express, John B. Kirkwood
Faculty Articles
Two-sided platforms serve two sets of customers and enable them to interact with each other. The five most valuable corporations in America – Amazon, Apple, Facebook, Google, and Microsoft – all operate two-sided platforms. But despite their growing power, the Supreme Court's American Express decision has made it harder to stop them from stifling competition. This Article systematically exposes the flaws in the Court's reasoning and identifies the principles that should govern future cases. The Court’s most fundamental error was to require plaintiffs in rule of reason cases to make an initial showing of consumer harm that weighs the effects …
Consumer Bankruptcy Should Be Increasingly Irrelevant--Why Isn't It?, Pamela Foohey
Consumer Bankruptcy Should Be Increasingly Irrelevant--Why Isn't It?, Pamela Foohey
Scholarly Works
This symposium piece is a response to Professor Nathalie Martin's Bringing Relevance Back to Consumer Bankruptcy. This response overviews the place consumer bankruptcy presently occupies in the United States. In doing so, it details why consumer bankruptcy remains relevant in the face of a socio-economic structure and of laws that suggest that bankruptcy may not be a particularly useful place for struggling Americans to turn to for help. The response ends by calling for a bolder vision for consumer bankruptcy in light of the shifting place of the bankruptcy system in America’s increasingly thread-bare social safety net.
What’S In Your Wallet (And What Should The Law Do About It?), Natasha Sarin
What’S In Your Wallet (And What Should The Law Do About It?), Natasha Sarin
All Faculty Scholarship
In traditional markets, firms can charge prices that are significantly elevated relative to their costs only if there is a market failure. However, this is not true in a two-sided market (like Amazon, Uber, and Mastercard), where firms often subsidize one side of the market and generate revenue from the other. This means consideration of one side of the market in isolation is problematic. The Court embraced this view in Ohio v. American Express, requiring that anticompetitive harm on one side of a two-sided market be weighed against benefits on the other side.
Legal scholars denounce this decision, which, …