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3135 full-text articles. Page 1 of 66.

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 ...


Countercyclical Regulation And Its Challenges, Patricia McCoy 2016 Boston College Law School

Countercyclical Regulation And Its Challenges, Patricia Mccoy

Boston College Law School Faculty Papers

Historically, U.S. financial regulation has normally been procyclical, with federal regulators and Congress relaxing oversight during bull markets and cracking down once financial crises hit. After 2008, the wisdom of this approach came under attack. Critics argued that procyclical regulation left financial institutions undercapitalized and unable to withstand panics. Other critics asserted that economic downturns could be mitigated and even averted if regulators took steps to puncture asset bubbles. The concept of countercyclical regulation responds to both of these critiques. This new approach posits that financial regulation would be more effective if financial regulation clamped down during financial expansions ...


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.


Litigating Medical Device Premarket Classification Decisions For Small Businesses: Have The Courts Given The Fda Too Much Deference? The Case For Taking The Focus Off Of Efficacy, Stephanie P. Fekete 2016 The Catholic University of America, Columbus School of Law

Litigating Medical Device Premarket Classification Decisions For Small Businesses: Have The Courts Given The Fda Too Much Deference? The Case For Taking The Focus Off Of Efficacy, Stephanie P. Fekete

Catholic University Law Review

The manufacturing of innovative medical devices is important for the continued success and growth of the U.S. health care system and economy. The medical device industry is almost exclusively comprised of small businesses. The U.S. Food and Drug Administration (FDA) regulates the medical device industry and employs a rigorous approval process to determine when products may enter the market. While the FDA’s goal is to authorize the sale of innovative devices that are safe for patient use, device manufacturers argue that the process to obtain FDA approval is unnecessarily expensive, burdensome, and has systemic problems. As a ...


The Social Relations Of Consumption: Corporate Law And The Meaning Of Consumer Culture, 2016 Brigham Young University Law School

The Social Relations Of Consumption: Corporate Law And The Meaning Of Consumer Culture

BYU Law Review

A mature assessment of the society we are making for ourselves, and the legacy we are leaving to the future, must come to terms with consumer culture. Theoretical discourse, as well as common experience, betray persistent ambiguity about what consumerism means to and says about us. In this Article, I argue that this ambiguity can in part be explained by examining the social relations of consumption in contemporary society. These involve, crucially, the relationship between producer and consumer that is dictated by corporate governance law, and embodied in the decision-making dynamics of the directors who command corporate operations. The enigmatic ...


The Insurability Of Claims For Restitution, Christopher French 2016 Penn State Law

The Insurability Of Claims For Restitution, Christopher French

Journal Articles

Does and should a wrongdoer’s liability insurance cover an aggrieved party’s claim for restitution (e.g., a claim for the disgorgement of ill-gotten gains)? This article answers those questions. It does so by first answering the question of whether claims for restitution are covered under the terms of liability insurance policies. Then, after concluding that they are, it addresses the question of whether claims for restitution should be insurable as a matter of public policy and insurance law theory. There are long-standing legal and equitable principles that, on the one hand, dictate that a wrongdoer should not be ...


The Insurability Of Claims For Restitution, Christopher French 2016 Penn State Law

The Insurability Of Claims For Restitution, Christopher French

Christopher C. French

Does and should a wrongdoer’s liability insurance cover an aggrieved party’s claim for restitution (e.g., a claim for the disgorgement of ill-gotten gains)?  This article answers those questions.  It does so by first answering the question of whether claims for restitution are covered under the terms of liability insurance policies.  Then, after concluding that they are, it addresses the question of whether claims for restitution should be insurable as a matter of public policy and insurance law theory.  There are long-standing legal and equitable principles that, on the one hand, dictate that a wrongdoer should not be ...


The Insurability Of Claims For Restitution, Christopher French 2016 Penn State Law

The Insurability Of Claims For Restitution, Christopher French

Christopher C. French

Does and should a wrongdoer’s liability insurance cover an aggrieved party’s claim for restitution (e.g., a claim for the disgorgement of ill-gotten gains)?  This article answers those questions.  It does so by first answering the question of whether claims for restitution are covered under the terms of liability insurance policies.  Then, after concluding that they are, it addresses the question of whether claims for restitution should be insurable as a matter of public policy and insurance law theory.  There are long-standing legal and equitable principles that, on the one hand, dictate that a wrongdoer should not be ...


Wearable Devices As Admissible Evidence: Technology Is Killing Our Opportunity To Lie, Nicole Chauriye 2016 Catholic University of America, Columbus School of Law

Wearable Devices As Admissible Evidence: Technology Is Killing Our Opportunity To Lie, Nicole Chauriye

Catholic University Journal of Law and Technology

No abstract provided.


Exporting Internet Law Through International Trade Agreements: Recalibrating U.S. Trade Policy In The Digital Age, Markham C. Erickson, Sarah K. Leggin 2016 Steptoe & Johnson LLP

Exporting Internet Law Through International Trade Agreements: Recalibrating U.S. Trade Policy In The Digital Age, Markham C. Erickson, Sarah K. Leggin

Catholic University Journal of Law and Technology

No abstract provided.


Quando La Legislazione Può Essere Un Ostacolo Alla Libera Circolazione Di Prodotti Alimentari: Il Caso Del "Semaforo Nutrizionale", Luis González Vaqué 2016 Asociación Iberoamericana para el Dereho Alimentario

Quando La Legislazione Può Essere Un Ostacolo Alla Libera Circolazione Di Prodotti Alimentari: Il Caso Del "Semaforo Nutrizionale", Luis González Vaqué

Luis González Vaqué

È stato scritto molto sul criticato (e criticabile) Regolamento (UE) n. 1169/2011 relativo alla fornitura di informazioni sugli alimenti ai consumatori. ‘Brevitatis causae’, nel presente articolo ci occuperemo in particolare delle disposizioni relative all'etichettatura nutrizionale, non applicabili subito dopo l'entrata in vigore di tale Regolamento; si tratta di un insieme di regole ambigue e confuse, la cui applicazione può supporre un reale e potenziale ostacolo alla libera circolazione dei prodotti alimentari all'interno dell'Unione Europea (UE), vale a dire, tutto il contrario di quello che dovrebbe proporsi come obiettivo…


The Arc And Architecture Of Private Enforcement Regimes In The United States And Europe: A View Across The Atlantic, Jason Rathod, Sandeep Veheesan 2016 Founding Partner, Migliaccio & Rathod LLP, Washington D.C.

The Arc And Architecture Of Private Enforcement Regimes In The United States And Europe: A View Across The Atlantic, Jason Rathod, Sandeep Veheesan

University of New Hampshire Law Review

The United States and Europe have traditionally taken very different approaches to the regulation of harmful conduct. Previously, European nations relied almost entirely on the public enforcement of laws, whereas the United States relied on a mix of public and private actors. In the United States, private rights of action have played a central role deterring illegal conduct—and, in fact, provided greater deterrence than public enforcers in some areas of law. They have also allowed injured parties to obtain compensation. Despite their very different histories, the private enforcement systems in the United States and Europe are showing signs of ...


Qu’Y A-T-Il De Nouveau Dans Le Règlement (Ue) 2015/2283 Relatif Aux Nouveaux Aliments ?, Luis González Vaqué 2016 Asociación Iberoamericana para el Dereho Alimentario

Qu’Y A-T-Il De Nouveau Dans Le Règlement (Ue) 2015/2283 Relatif Aux Nouveaux Aliments ?, Luis González Vaqué

Luis González Vaqué

 
SOMMAIRE:
 
I. Introduction
II. Le règlement (UE) 2015/2283
A. Objet et finalité
B. Champ d'application
C. Définitions
D. Procédures (détermination du statut de nouvel aliment et autorisation)
E. Règles spécifiques applicables aux aliments traditionnels en provenance de pays tiers
F. La « liste de l'Union » et les conditions exigées pour l’inscription d’un nouvel aliment
G. Protection des données
H. Sanctions
I. Autres dispositions
III. Conclusions
A. Un règlement incomplet/imparfait ?
B. Du passé au futur (en passant par le présent)
 


Micro-Housing In Seattle: A Case For Community Participation In Novel Land Use Decisions, Patrick Carter 2016 Seattle University School of Law

Micro-Housing In Seattle: A Case For Community Participation In Novel Land Use Decisions, Patrick Carter

Seattle University Law Review

Rather than relying solely on the formal interpretations of government regulators invited by the structure of local zoning ordinances, the City of Seattle should adopt a process that invites community-based mediation and problem-solving when a significant shift in housing density is contemplated in a developer’s proposal. Greater resident participation in development projects allows the City of Seattle to better support those residents in their reliance interests arising from zoning ordinances while simultaneously furthering the policies that underpin urban zoning. This is especially true when such development projects raise the possibility of substantial impacts on the character of a community ...


Getting A Handle On Growler Laws, Adam Star 2016 Seattle University School of Law

Getting A Handle On Growler Laws, Adam Star

Seattle University Law Review

This Note will begin with a brief general history of growlers in the United States and the benefits they provide to consumers, retailers, and small craft brewers. Part II will provide an overview of national alcohol distribution regulation and how the present growler law exists within this larger framework. To complete the necessary background information, Part III will provide context to the competitive landscape by way of an examination of the craft beer industry’s explosive growth. The substantive portion of the Note will follow in Part IV, beginning with an outline of the various key types of growler restrictions ...


The Impact Of International Agreements On European Union Food Law, Luis González Vaqué, Isabel Segura Roda 2016 Asociación Iberoamericana para el Dereho Alimentario

The Impact Of International Agreements On European Union Food Law, Luis González Vaqué, Isabel Segura Roda

Luis González Vaqué

This paper discusses how international agreements affect the development of Food Law in both MemberStates and the EU itself. The relevance of this topic lies in the major structural changes currently affecting the whole agri-food system as a result of two conflicting trends which are more than just political or economic: on the one hand, the seemingly inevitable process of globalization, and on the other, the growing trend towards (re)localizing production, trade and consumption. 


Current Trends In Consumer Junk Debt Buyer Litigation, Peter Holland 2016 University of Maryland - Baltimore

Current Trends In Consumer Junk Debt Buyer Litigation, Peter Holland

Faculty Scholarship

No abstract provided.


Cybersecurity, Data Breaches, And The Economic Loss Doctrine In The Payment Card Industry, David W. Opderbeck 2016 University of Maryland Francis King Carey School of Law

Cybersecurity, Data Breaches, And The Economic Loss Doctrine In The Payment Card Industry, David W. Opderbeck

Maryland Law Review

Data breaches are pervasive and costly. Recent civil data breach cases have centered on the consumer credit card payment chain in the retail industry. An important issue in such cases is whether the economic loss doctrine should bar negligence claims for purely pecuniary losses suffered by a non-negligent party, such as an issuing bank or a federal credit union that must incur costs to reimburse cardholders for the fraudulent use of stolen card numbers.

The economic loss doctrine should not bar these claims. Large-scale data networks, such as consumer credit card networks, often entail significant network externalities. These include externalities ...


Current Trends In Junk Debt Buyer Litigation.Pdf, Peter Holland 2016 University of Maryland - Baltimore

Current Trends In Junk Debt Buyer Litigation.Pdf, Peter Holland

Peter A. Holland

This article examines current trends in debt buyer litigation, including a review of recent regulatory actions and the impact of debt buyer lawsuits on individual consumers and on small claims courts. The article calls for a ban on the sale of consumer junk debt by banks, and for a requirement to make public the terms, conditions and disclaimers from sales contracts between banks and junk debt buyers.


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