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What We Buy When We "Buy Now", Aaron Perzanowski, Chris Jay Hoofnagle 2016 Case Western Reserve University

What We Buy When We "Buy Now", Aaron Perzanowski, Chris Jay Hoofnagle

Aaron K. Perzanowski

Retailers such as Apple and Amazon market digital media to consumers using the familiar language of product ownership, including phrases like “buy now,” “own,” and “purchase.” Consumers may understandably associate such language with strong personal property rights. But the license agreements and terms of use associated with these transactions tell a different story. They explain that ebooks, mp3 albums, digital movies, games, and software are not sold, but merely licensed. The terms limit consumers' ability to resell, lend, transfer, and even retain possession of the digital media they acquire. Moreover, unlike physical media products, access to digital media is contingent ...


Must The Hand Formula Not Be Named?, Gregory C. Keating 2016 University of Southern California

Must The Hand Formula Not Be Named?, Gregory C. Keating

University of Southern California Legal Studies Working Paper Series

This paper responds to Benjamin Zipursky’s Reasonableness in and out of Negligence Law 163 U. PA. L. REV. 2131 (2015). It takes issue with Professor Zipursky’s aversion to the Hand Formula. Trying to write the Hand Formula out of negligence law at this late date is tantamount to repudiating one hundred years of tort law and theory. This revisionary theorizing is as unnecessary as it is quixotic. The Hand Formula is not only too deeply embedded in negligence law to uproot; it is also unobjectionable. Indeed, the Hand Formula is one of modern negligence law’s more important ...


Products Liability As Enterprise Liability, Gregory C. Keating 2016 University of Southern California

Products Liability As Enterprise Liability, Gregory C. Keating

University of Southern California Legal Studies Working Paper Series

The prevailing wisdom about the rise of modern products liability law is framed by a debate which took place more than a generation ago. George Priest argued that modern American products liability law was born as enterprise liability incarnate and consequently ran amok in a nightmare of unlimited liability. Gary Schwartz countered that product liability law strict in name but fault-based in fact. Strict products liability was a revolution in rhetoric alone. To this day, these positions dominate our understanding of products liability law in its formative moment. We are long overdue for a fresh look. This paper argues that ...


Is Cost-Benefit Analysis The Only Game In Town?, Gregory C. Keating 2016 University of Southern California

Is Cost-Benefit Analysis The Only Game In Town?, Gregory C. Keating

University of Southern California Legal Studies Working Paper Series

Standards which prescribe more than efficient precaution against physical harm and health injury are commonplace in American environmental, health and safety regulation. The safe level standard, for example, requires the elimination of all significant risks. The feasibility standard requires the elimination of significant risks to the extent insofar as it is possible to do so without impairing the long run survival of the activities which give rise to the risks. These standards reach back more than a generation to the founding of the EPA and OSHA. You might think that they are too well-entrenched in American law to be subject ...


Comment On Avraham And Yuracko: Torts And The Paradox Of Conservative Justice, Gregory C. Keating 2016 University of Southern California

Comment On Avraham And Yuracko: Torts And The Paradox Of Conservative Justice, Gregory C. Keating

University of Southern California Legal Studies Working Paper Series

This paper comments on Ronen Avraham & Kim Yuracko, Torts and Discrimination forthcoming in the Ohio State Law Journal. Professors Avraham and Yuracko’s fine article, Torts and Discrimination, calls our attention to the fact that the entrenched fact of race and gender discrimination exerts a powerful, structural influence on tort damages, especially in bodily injury and wrongful death cases. Damages in tort—and in private law more generally—are reparative. Their role is to put the plaintiff in the position he would have been in but for the defendant’s wrong. Making the plaintiff whole requires that courts determine how ...


Liability Without Regard To Fault: A Comment On Goldberg & Zipursky, Gregory C. Keating 2016 University of Southern California

Liability Without Regard To Fault: A Comment On Goldberg & Zipursky, Gregory C. Keating

University of Southern California Legal Studies Working Paper Series

This paper comments on John C.P. Goldberg & Benjamin C. Zipursky, The Strict Liability in Fault and the Fault in Strict Liability 85 Fordham L.Rev. 743 (2016). In their important writings over the past twenty years, Professors Goldberg and Zipursky have argued that torts are conduct-based wrongs. A conduct-based wrong is one where an agent violates the right of another by failing to conform her conduct to the standard required by the law. Strict liability in tort poses a formidable challenge to the claim that all torts are wrongs whose distinctive feature is that they violate an applicable standard ...


El Derecho Alimentario De La Ue Ante Los Desafíos En Materia De Nutrición, Luis González Vaqué 2016 Asociación Iberoamericana para el Dereho Alimentario

El Derecho Alimentario De La Ue Ante Los Desafíos En Materia De Nutrición, Luis González Vaqué

Luis González Vaqué

Las cifras de sobrepeso, obesidad y otras enfermedades no transmisibles relacionadas con la dieta de la población europea son demasiado elevadas y siguen aumentando. Esto tiene una incidencia negativa sobre la esperanza de vida, reduce la calidad de vida de los ciudadanos de la Unión Europea y afecta a la sociedad, por ejemplo, induciendo a unos elevados gastos sanitarios que pueden afectar a la sostenibilidad de los sistemas de salud.
 

Palabras clave: Nutrición, sobrepeso, obesidad, enfermedades no transmisibles, patrones de consumo alimentario sanos


The Raising Rivals’ Cost Foreclosure Paradigm, Conditional Pricing Practices And The Flawed Incremental Price-Cost Test, Steven C. Salop 2016 Georgetown University Law Center

The Raising Rivals’ Cost Foreclosure Paradigm, Conditional Pricing Practices And The Flawed Incremental Price-Cost Test, Steven C. Salop

Georgetown Law Faculty Publications and Other Works

There are two overarching legal paradigms for analyzing exclusionary conduct in antitrust – predatory pricing and the raising rivals’ costs characterization of foreclosure. Sometimes the choice of paradigm is obvious. Other times, it may depend on the structure of the plaintiff’s allegations. Some types of conduct, notably conditional pricing practices (CPPs), might appear by analogy to fit into both paradigms. CPPs involve pricing that is conditioned on exclusivity or some other type of favoritism in a customer’s purchases or input supplier’s sales. The predatory pricing paradigm would attack the low prices of CPPs. By contrast, the RRC foreclosure ...


L'Indicazione Dell'origine Dei Prodotti Agroalimentari Secondo Il Recente Decreto Francese Sul Latte E Sulla Carne: Quali Sviluppi Si Prevedono Nell'unione Europea?, Luis González Vaqué 2016 Asociación Iberoamericana para el Dereho Alimentario

L'Indicazione Dell'origine Dei Prodotti Agroalimentari Secondo Il Recente Decreto Francese Sul Latte E Sulla Carne: Quali Sviluppi Si Prevedono Nell'unione Europea?, Luis González Vaqué

Luis González Vaqué

Non ci stancheremo di ripeterlo: imporre l'obbligo dell'indicazione d'origine appare giuridicamente infondato, dato che nulla impedisce ai produttori di ricorrere a tale indicazione su base volontaria (e, naturalmente, veritiera) nell'intento di soddisfare quei consumatori presumibilmente preoccupati di conoscere la provenienza (nazionale o estera) degli alimenti acquistati. Infine, sembra utile un avvertimento: la menzione dell'origine, quando viene obbligatoriamente imposta, a torto o a ragione, finisce irrimediabilmente per creare una frammentazione del Mercato interno europeo.


Book Review, Juanita V. Field, Thomas G. Field Jr. 2016 University of New Hampshire

Book Review, Juanita V. Field, Thomas G. Field Jr.

RISK: Health, Safety & Environment

Review of: WESLEY A. MAGAT & W. KIP VISCUSI, INFORMATIONAL APPROACHES TO REGULATION. (MIT Press 1992) [274 pp.] Appendices, endnotes, illustrations, index, list of titles in the Regulation of Economic Activity series, list of tables and figures, preface, series foreword. LC 91-29483; ISBN 0-262-13277-X. [$32.50 cloth. 55 Hayward Street; Cambridge MA 02142.]


The Safety Risks Of Proposed Fuel Economy Legislation, John D. Graham 2016 University of New Hampshire

The Safety Risks Of Proposed Fuel Economy Legislation, John D. Graham

RISK: Health, Safety & Environment

Based on, e.g., a comprehensive assessment of what is known of factors influencing automobile safety, previous industry responses to requirements for fuel economy and prior success of regulators in reducing injuries, Professor Graham concludes that pending fuel economy bills are apt to add 1650 fatalities and 8500 serious accidents to the annual highway toll. He also presents several short-term and long-term strategies for simultaneously saving fuel and lives.


Regulation Vs. The Market: The Case Of Bicycle Safety (Part Ii), Ross D. Petty 2016 University of New Hampshire

Regulation Vs. The Market: The Case Of Bicycle Safety (Part Ii), Ross D. Petty

RISK: Health, Safety & Environment

In this part, Professor Petty examines bicycle Risk in detail, comparing the accomplishments of the CPSC's bicycle standard with market forces resulting in, e.g., the development and use of hardshell bicycle helmets. Moreover, he briefly discusses the role of tort liability in managing Risk. Ultimately he concludes that, in the case of bicycle safety, regulation has failed to be as effective as other forces tending to reduce bicycle injuries. [Part I appears at 77.]


Johnson V. Wells Fargo Bank Nat’L Ass’N, 132 Nev. Adv. Op. 70 (September 29, 2016), Brittni Griffith 2016 Nevada Law Journal

Johnson V. Wells Fargo Bank Nat’L Ass’N, 132 Nev. Adv. Op. 70 (September 29, 2016), Brittni Griffith

Nevada Supreme Court Summaries

The Court considered whether the Bank Secrecy Act prevents financial institutions from disclosing all investigative information in discovery to an adverse party. The Court held that the Bank Secrecy Act only precludes the disclosure of information relating to the existence of a suspicious activity report or the procedural nature of the suspicious activity report’s generation.


Regulation Vs. The Market: The Case Of Bicycle Safety (Part I), Ross D. Petty 2016 University of New Hampshire

Regulation Vs. The Market: The Case Of Bicycle Safety (Part I), Ross D. Petty

RISK: Health, Safety & Environment

This part of the article describes events leading to the creation of the Consumer Product Safety Commission - and the on-going debate between those who believe safety regulation is necessary and those who believe that market forces can achieve acceptable levels of Risk. The author also sets the stage for a detailed examination of bicycle Risk. In the next issue, he compares the accomplishments of the CPSC's bicycle standard with, e.g., the development and use of hard-shell bicycle helmets. Moreover, he discusses the role of tort liability in managing Risk and ultimately concludes that, in the case of bicycle ...


¿El Decreto Francés Sobre La Obligatoriedad De Indicar El Origen De Algunos Ingredientes, Pone En Peligro El Mercado Único Alimentario?, Luis González Vaqué 2016 Asociación Iberoamericana para el Dereho Alimentario

¿El Decreto Francés Sobre La Obligatoriedad De Indicar El Origen De Algunos Ingredientes, Pone En Peligro El Mercado Único Alimentario?, Luis González Vaqué

Luis González Vaqué

En mi opinión la autorización por parte de la Comisión Europea del Decreto n° 2016-1137 es un grave error que pone efectivamente en peligro el Mercado único alimentario.
Dicha autorización ha sido otorgada por una endeble Comisión, ahora aún más debilitada por el Brexit. Además, es la consecuencia de las veleidades oportunistas relativas a la eventual indicación del origen de ciertos ingredientes incluidas en el desafortunado Reglamento (UE) n° 1169/2011 (véanse los artículos 26, y el considerando nº 59 de dicha normativa comunitaria).

© Gonzalez Vaque 2016


The Perverse Behavioral Economics Of Disclosing Standard Terms, Tess Wilkinson-Ryan 2016 University of Pennsylvania Law School

The Perverse Behavioral Economics Of Disclosing Standard Terms, Tess Wilkinson-Ryan

Faculty Scholarship

In consumer contracting, the ritual of documentation and provision of terms is essentially vestigial, at least as a form of deal-making communication between the parties. This paper starts with a thought experiment: what would it look like to have contracts but no standard terms? Most scholarly and political approaches to the mismatch of contract law and consumer contracting have focused on the information problem in consumer contracting—the difficulty of the required cognitive processing—and thus the proposed solutions have focused on how to make terms more salient or easier to assimilate. I argue that the focus on salience is ...


Private Enforcement, Stephen B. Burbank, Sean Farhang, Herbert Kritzer 2016 Univ of Penn Law School

Private Enforcement, Stephen B. Burbank, Sean Farhang, Herbert Kritzer

Sean Farhang

Our aim in this Article is to advance understanding of private enforcement of statutory and administrative law in the United States and to raise questions that will be useful to those who are concerned with regulatory design in other countries. To that end, we briefly discuss aspects of American culture, history, and political institutions that reasonably can be thought to have contributed to the growth and subsequent development of private enforcement. We also set forth key elements of the general legal landscape in which decisions about private enforcement are made, aspects of which should be central to the choice of ...


The Erosion Of Autonomy In Online Consumer Transactions, Eliza MIK 2016 Singapore Management University

The Erosion Of Autonomy In Online Consumer Transactions, Eliza Mik

Eliza Mik

Online businesses influence consumer behaviour by means of a wide range of technologies that determine what information is displayed as well as how and when it is displayed. This creates an unprecedented power imbalance between the transacting parties, raising questions not only about the permissible levels of procedural exploitation in contract law, together with the adequacy of existing consumer protections but also about the impact of technology on consumer autonomy. There is, however, no single technology that threatens the latter. It is the combined, mutually-enforcing effect of multiple technologies that influence consumer choices at different stages in the transacting process ...


Expanding Access To Justice: Alternatives To Full Representation In New York State, Randal Jeffrey 2016 New York Law School

Expanding Access To Justice: Alternatives To Full Representation In New York State, Randal Jeffrey

Impact Center for Public Interest Law

No abstract provided.


Tort Reform: Blocking The Courthouse Door And Denying Access To Justice, Joanne Doroshow 2016 New York Law School

Tort Reform: Blocking The Courthouse Door And Denying Access To Justice, Joanne Doroshow

Impact Center for Public Interest Law

No abstract provided.


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