Voice Shoppers: From Information Gaps To Choice Gaps In Consumer Markets,
2022
Brooklyn Law School
Voice Shoppers: From Information Gaps To Choice Gaps In Consumer Markets, Noga Blickstein Shchory, Michal S. Gal
Brooklyn Law Review
Recent years have seen exponential growth in the use of voice shoppers – artificial intelligence–based algorithms installed on digital voice assistants, such as Alexa and Google Assistant, that buy products based on verbal requests received from consumers. This game-changing switch to semi-automated shopping is shaking up markets by reshaping consumer–supplier relationships, as well as the business models of suppliers and search services. Voice shoppers benefit consumers by offering speedier and more sophisticated transactions while reducing search and transaction costs. At the same time, consumers’ voluntary delegation of their search powers and product selection creates what we call a “choice gap,” …
West Virginia V. Epa,
2022
Alexander Blewett III School of Law at the University of Montana
West Virginia V. Epa, Amanda Spear
Public Land & Resources Law Review
The EPA created the Clean Power Plan in an effort to reduce the amount of greenhouse gas emissions generated by coal-fired power plants. The EPA determined that the Best System of Emission Reduction for existing coal-fired power plants included generation shifting methods, meaning a shift from coal to cleaner sources. The Supreme Court held, under the major questions doctrine, that Congress had not intended for the EPA to use generation shifting methods for the Best System of Emission Reduction and that the EPA had exceeded its authority in doing so. This note will explore how the decision may impact administrative …
Cumulative Impact Analysis In Nepa Climate Assessments,
2022
Pace University
Cumulative Impact Analysis In Nepa Climate Assessments, Fred Mauhs
Pace Environmental Law Review
This article argues that CI analysis is a critical tool for addressing global warming. This is because the largest anthropogenic sources of greenhouse gas (“GHG”) emissions in the U.S. each contributes a vanishingly small portion of global GHG emissions, which alone cannot rise to NEPA’s threshold of “significance” requiring a “detailed statement…on the environmental impact of the proposed action,”i.e., an environmental impact statement (EIS). Yet there is no pollution today in greater need of assessment and understanding than GHG emissions, given the urgency of the impending catastrophe that global warming could mean for our planet.
Pre-Merits Vacatur: An Efficient, Equitable, And Environmentally Sound Remedy,
2022
Earthjustice
Pre-Merits Vacatur: An Efficient, Equitable, And Environmentally Sound Remedy, Stuart Gillespie
Pace Environmental Law Review
Federal agencies are increasingly requesting voluntary remands of challenged rules, thereby circumventing judicial review, and avoiding ever having to defend the merits of those rules. Courts routinely grant these extraordinary requests, often under the guise of saving judicial resources and giving agencies a second chance to reconsider. But voluntary remands come at a steep cost, particularly in the arena of environmental litigation. There, voluntary remands not only deprive litigants of their day in court, but can also subject them (and the broader public) to unlawful and inadequate rules that are causing serious environmental harm.
Courts have long guarded against the …
Franco I Loved: Reconciling The Two Halves Of The Nation’S Only Government-Funded Public Defender Program For Immigrants,
2022
University of Washington School of Law
Franco I Loved: Reconciling The Two Halves Of The Nation’S Only Government-Funded Public Defender Program For Immigrants, Amelia Wilson
Washington Law Review Online
Detained noncitizens experiencing serious intellectual and mental health disabilities are among the most vulnerable immigrant populations in the United States. The Executive Office for Immigration Review’s (EOIR) creation of the National Qualified Representative Program (NQRP) following a class action lawsuit was an important step in finally bringing meaningful protections to this population. The EOIR pledged to ensure government-paid counsel for those facing removal who had been adjudicated “incompetent” by an immigration judge, as well as other protections for those who had been identified as having a “serious mental disorder” but who had not yet been found incompetent. The NQRP is …
The Humanities Strike Back: (E)Esg And Justice Strine Challenge Gamer Shareholder Primacy,
2022
Boston University School of Law
The Humanities Strike Back: (E)Esg And Justice Strine Challenge Gamer Shareholder Primacy, David H. Webber
Faculty Scholarship
Leo E. Strine, Jr. is closing in on Blair and Stout for the undisputed title of all-time top-scoring stakeholderist.3 I don't intend to squander this opportunity to roast and toast him by weighing the pros and cons of basketscoring primacy. Instead, my aim is to surface an overlooked argument in the debate over shareholder primacy and stakeholderism, the case for which has been recently reinvigorated by Strine's work. My argument is this: one underappreciated aspect of shareholder primacy's appeal is that it creates a competition with a single endpoint, basically a game, and that the exhilarating tournament that results, …
Advising 101 For The Growing Field Of Social Media Influencers,
2022
University of Washington School of Law
Advising 101 For The Growing Field Of Social Media Influencers, Stasia Skalbania
Washington Law Review
The Federal Trade Commission (FTC) protects consumers from unfair and deceptive business practices. In 2019, the FTC released the “Disclosures 101 for Social Media Influencers Guide” (herein referred to as the “2019 Influencer Guide”). The 2019 Influencer Guide outlines advertisers’ and endorsers’ specific responsibilities relating to the advertising and marketing of products on social media platforms. Despite the extensive information provided within the 2019 Influencer Guide, there is still great confusion regarding endorsement disclosure requirements, and many brands and influencers are not in compliance with FTC recommendations. This Comment provides guidance to brands and social media influencers on how to …
All Of The Products, None Of The Liability: Examining The Supreme Court Of Ohio's Decision In Stiner V. Amazon.Com, Inc.,
2022
University of Cincinnati College of Law
All Of The Products, None Of The Liability: Examining The Supreme Court Of Ohio's Decision In Stiner V. Amazon.Com, Inc., Danny O'Connor
University of Cincinnati Law Review
No abstract provided.
Friends Of The Earth V. Haaland Case Summary,
2022
Alexander Blewett III School of Law at the University of Montana
Friends Of The Earth V. Haaland Case Summary, Valan Anthos
Public Land & Resources Law Review
A federal district court vacated the U.S.’s largest offshore oil and gas lease sale ever because of an inadequate NEPA analysis. The court found that the BOEM’s decision to exclude estimations of reductions in foreign oil consumption if no lease took place was arbitrary and capricious.
Administrative Apparition: Resurrecting The Modern Administrative State’S Legitimacy Crisis With Agency Law Analysis,
2022
Catholic University of America (Student)
Administrative Apparition: Resurrecting The Modern Administrative State’S Legitimacy Crisis With Agency Law Analysis, Tabitha Kempf
Catholic University Law Review
There is an enduring discord among academic and political pundits over the state of modern American government, with much focus on the ever-expanding host of federal agencies and their increasing regulatory, investigative, enforcement, and adjudicatory authority. The growing conglomerate of federal agencies, often unfavorably regarded as the “administrative state,” has invited decades of debate over the validity and proper scope of this current mode of government. Advocates for and against the administrative state are numerous, with most making traditional constitutional arguments to justify or delegitimize the current establishment. Others make philosophical, moral, or practical arguments in support or opposition. Though …
Slowing Down Accelerated Approval:
Examining The Role Of Industry Influence,
Patient Advocacy Organizations, And
Political Pressure On Fda Drug Approval,
2022
Fordham University School of Law
Slowing Down Accelerated Approval: Examining The Role Of Industry Influence, Patient Advocacy Organizations, And Political Pressure On Fda Drug Approval, Stephanie Diu
Fordham Law Review
The U.S. Food and Drug Administration (FDA) has been revered as the gold standard in pharmaceutical safety and efficacy review since the 1960s. More recently, partly in response to the HIV/AIDS epidemic and the pressing need for new treatments, the FDA established an accelerated approval process to hasten the review of new drug applications so that drugs could be approved and brought to market as soon as possible. Although accelerated approval has led to the availability of new treatments for patients with few other options, this Note argues that, today, the FDA grants accelerated approval too hastily and may be …
Resuscitating Consent,
2022
Pennsylvania State University
Resuscitating Consent, Megan S. Wright
Boston College Law Review
The scholarly focus on autonomy in healthcare decision making largely has been on information about, rather than consent to, medical treatment. There is an assumption that if a patient has complete information and understanding about a proposed medical intervention, then they will choose the treatment their physician thinks is best. True respect for patient autonomy means that treatment refusal, whether informed or not, should always be an option. But there is evidence that healthcare providers sometimes ignore treatment refusals and resort to force to treat patients over their contemporaneous objection, which may be facilitated by the incapacity exception to informed …
Disaster Vulnerability,
2022
BYU Law School
Disaster Vulnerability, Lisa Grow, Brigham Daniels, Doug Spencer, Chantel Sloan, Natalie Blades, M. Teresa Gómez, Sarah R. Christensen
Boston College Law Review
Vulnerability drives disaster law, yet the literature lacks both an overarching analysis of the different aspects of vulnerability and a nuanced examination of the factors that shape disaster outcomes. Though central to disaster law and policy, vulnerability often lurks in the shadows of a disaster, evident only once the worst is past and the bodies have been counted. The COVID-19 pandemic is a notable exception to this historical pattern: from the beginning of the pandemic, it has been clear that the virus poses different risks to different people, depending on vulnerability variables. This most recent pandemic experience thus provides a …
Donative Hot-Powers Cases Under The Uniform Power Of Attorney Act,
2022
University of Arkansas at Little Rock William H. Bowen School of Law
Donative Hot-Powers Cases Under The Uniform Power Of Attorney Act, F. Philip Manns Jr.
University of Arkansas at Little Rock Law Review
Among its significant reforms, the Uniform Power of Attorney Act (UPOAA) denies agents nine types of power unless “the power of attorney expressly grants” them. Those so-called “hot powers” relate to delegations of fiduciary authority and to donative transfers of the principal’s property for less than full consideration. The donative hot powers include creating, amending, or terminating a trust; making gifts; creating or changing beneficiary designations; creating or changing rights of survivorship; and waiving or disclaiming property interests. The rationale for requiring the grant of specific authority is the risk those acts pose to the principal’s property and estate plan. …
Statutory Interpretation And Chevron Deference In The Appellate Courts: An Empirical Analysis,
2022
University of California, Irvine School of Law
Statutory Interpretation And Chevron Deference In The Appellate Courts: An Empirical Analysis, Amy Semet
UC Irvine Law Review
What statutory methods does an appellate court use in reviewing decisions of an administrative agency? Further, in doing this review, are appellate judges more likely to use certain statutory methods when they expressly cite the Chevron two-step framework than if they do not? This Article explores the answers to these questions using an original database of over 200 statutory interpretation cases culled from more than 2,500 cases decided in appellate courts reviewing National Labor Relations Board (NLRB or the Board) adjudications from 1994 through 2020. In particular, the study examined the use of text, language canons, substantive canons, legislative history, …
Unservice: Reconceptualizing The Utility Duty To Serve In Light Of Climate Change,
2022
Seton Hall University School of Law
Unservice: Reconceptualizing The Utility Duty To Serve In Light Of Climate Change, Heather Payne
University of Richmond Law Review
Many facets of utility monopoly regulation are approaching a minimum of eight decades as part of our legal landscape. A bedrock principle of state utility regulation is the duty to serve, which demands that utilities provide nondiscriminatory service to all those within their geographic territory for the specific service for which they have been granted a monopoly. Within its exclusive territory, a utility is required “to serve all present and reasonably to be anticipated future users.” Each state has adopted some form of this for its regulated monopolies, although formulations differ. This Article argues that in light of climate change …
An Attempt To Bring Modern Workplace Realities To The Social Security Disability Adjudication System,
2022
Penn State Dickinson Law
An Attempt To Bring Modern Workplace Realities To The Social Security Disability Adjudication System, Robert E. Rains
Dickinson Law Review (2017-Present)
No abstract provided.
How Can Federal Actors Compete On Noncompetes? Examining The Need For And Possibility Of Federal Action On Noncompetition Agreements,
2022
Penn State Dickinson Law
How Can Federal Actors Compete On Noncompetes? Examining The Need For And Possibility Of Federal Action On Noncompetition Agreements, Robert Mcavoy
Dickinson Law Review (2017-Present)
Employees have been frustrated by the restrictiveness of noncompete agreements and confused about their enforceability for decades. The added complication of choice-of-law provisions in employment contracts with noncompetes creates a sea of unpredictability for both employees and employers.
Each state applies its own policy to noncompete agreements. While every state treats noncompetes differently than typical contract provisions, a broad spectrum exists between the states that are friendly and those that are hostile to the enforcement of noncompetes. Employees and employers often fail to understand whether their noncompete is enforceable under the jurisdiction chosen by the contract, and courts override choice-of-law …
Book Review: This Is How They Tell Me The World Ends: The Cyberweapons Arms Race (2020) By Nicole Perlroth,
2022
Penn State Dickinson Law
Book Review: This Is How They Tell Me The World Ends: The Cyberweapons Arms Race (2020) By Nicole Perlroth, Amy C. Gaudion
Dickinson Law Review (2017-Present)
No abstract provided.
Requiring The Executive To Turn Square Corners: The Supreme Court Increases Agency Accountability In Department Of Homeland Security V. Regents Of The University Of California,
2022
Penn State Dickinson Law
Requiring The Executive To Turn Square Corners: The Supreme Court Increases Agency Accountability In Department Of Homeland Security V. Regents Of The University Of California, Claudia J. Bernstein
Dickinson Law Review (2017-Present)
Administrative agencies frequently promulgate rules that have dramatic effects on peoples’ lives. Deferred Action for Childhood Arrivals (“DACA”) is one such example. DACA grants certain unlawful immigrants a temporary reprieve from deportation, as well as ancillary benefits such as work permits. In 2017, the Department of Homeland Security (“DHS”) sought to rescind DACA on the basis that the program violates the Immigration and Nationality Act.
This Comment analyzes the recent Supreme Court decision about DACA’s recission in Department of Homeland Security v. Regents of University of California. In rejecting DHS’s attempt to rescind DACA, the Court strengthened agency accountability …