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Who Are The Real Cyberbullies: Hackers Or The Ftc? The Fairness Of The Ftc’S Authority In The Data Security Context, Jaclyn K. Haughom 2017 The Catholic University of America, Columbus School of Law

Who Are The Real Cyberbullies: Hackers Or The Ftc? The Fairness Of The Ftc’S Authority In The Data Security Context, Jaclyn K. Haughom

Catholic University Law Review

As technology continues to be an integral part of daily life, there lies an ever-increasing threat of the personally identifiable information of consumers being lost, stolen, or accessed without authorization. The Federal Trade Commission (FTC) is the U.S. government’s primary consumer protection agency and the country’s lead enforcer against companies subject to data breaches. Although the FTC lacks explicit statutory authority to enforce against data breaches, the Commission has successfully relied on Section 5 of the FTC Act (FTCA) to exercise its consumer protection power in the data security context. However, as the FTC continues to take ...


A Rose By Any Other Name: Elucidating The Intersection Of Patent And Antitrust Laws In Tying Arrangement Cases, Kyle R. Friedman 2017 University of Maine School of Law

A Rose By Any Other Name: Elucidating The Intersection Of Patent And Antitrust Laws In Tying Arrangement Cases, Kyle R. Friedman

Maine Law Review

In Illinois Tool Works Inc. v. Independent Ink, Inc., an ink manufacturer sought to invalidate patents held by a printing system manufacturer by alleging that the patents resulted in illegal tying and monopolization in violation of Sections 1 and 2 of the Sherman Act. This action was preceded by an infringement action brought by Illinois Tool Works (ITW), which was dismissed for lack of personal jurisdiction. Independent Ink (Independent) responded by seeking a judgment of non-infringement and invalidity of patents against ITW. The district court granted summary judgment in favor of ITW on both counts. The court of appeals reversed ...


Salmon With A Side Of Genetic Modification: The Fda’S Approval Of Aquadvantage Salmon And Why The Precautionary Principle Is Essential For Biotechnology Regulation, Kara M. Van Slyck 2017 Seattle University School of Law

Salmon With A Side Of Genetic Modification: The Fda’S Approval Of Aquadvantage Salmon And Why The Precautionary Principle Is Essential For Biotechnology Regulation, Kara M. Van Slyck

Seattle University Law Review

This Note seeks to address the issues concerning the FDA’s approval of genetically modified salmon for consumption, arguing that the FDA did not properly vet AquAdvantage salmon, as well as relied on inappropriate criteria in their approval of its market use. Part I provides a brief history of AquAdvantage salmon’s introduction to U.S. markets and the legal actions taken in response to the FDA ruling. Part II discusses the statutes and regulations fundamentally relevant to GE products, as well as a critique of the way each regulation was used to approve AquAdvantage. Part III offers a comparison ...


Crossing The Line: Prime, Subprime, And Predatory Lending, Nathaniel R. Hull 2017 University of Maine School of Law

Crossing The Line: Prime, Subprime, And Predatory Lending, Nathaniel R. Hull

Maine Law Review

The cornerstone of the “American Dream” has long been marked by the purchase of a home. Most families cannot afford to purchase a home with cash and, almost universally, need financing. Financing for a home purchase begins when a person or couple applies and is preliminarily approved for a home loan by a lender. The lender’s decision to approve is based on a number of different factors that are thought to predict how likely it is for the borrower to repay the loan according to its terms. The factors used to make this prediction have undergone drastic reformulations over ...


Credit Cards, Attorney's Fees, And The Putative Debtor: A Pyrrhic Victory? Putative Debtors May Win The Battle But Nevertheless Lose The War, Jennifer M. Smith 2017 University of Maine School of Law

Credit Cards, Attorney's Fees, And The Putative Debtor: A Pyrrhic Victory? Putative Debtors May Win The Battle But Nevertheless Lose The War, Jennifer M. Smith

Maine Law Review

For decades, scholars have written about credit cards and attorney’s fees, but rarely together. This Article addresses the current financial crises of Americans, the credit card industry (including the Bankruptcy Abuse Prevention and Consumer Protection Act) and attorney’s fees—perhaps a unique combination. It is based upon an actual case that left the putative debtor in a worse financial crisis than before the lawsuit was filed. This Article addresses the current credit card industry and its detrimental impact on society, and it discusses the history and purpose of attorney’s fees, as well as the pitfalls in attorney ...


Leverage: State Enforcement Actions In The Wake Of The Robo-Sign Scandal, Raymond H. Brescia 2017 University of Maine School of Law

Leverage: State Enforcement Actions In The Wake Of The Robo-Sign Scandal, Raymond H. Brescia

Maine Law Review

In the fall of 2010, the revelations that tens of thousands of foreclosure filings across the nation were likely fraudulent—if not outright criminal—sparked a nation-wide investigation by all fifty state attorneys general to assess the extent of the scandal and its potential impacts, but also to consider likely legal and policy responses to such behavior. One of the tools at the state attorneys general’s disposal that might rein in this behavior includes each state’s Unfair and Deceptive Acts and Practices (UDAP) laws. Such laws typically prohibit “unfair” and “deceptive” practices, which are described loosely in these ...


Estudios De Derecho Alimentario En Homenaje Al Dr. Carlos Barros Santos, Luis González Vaqué, Joaquina Ballarín Ms 2017 Asociación Iberoamericana para el Dereho Alimentario

Estudios De Derecho Alimentario En Homenaje Al Dr. Carlos Barros Santos, Luis González Vaqué, Joaquina Ballarín Ms

Luis González Vaqué

Autores: 

FERDINANDO ALBISINNI 
ANA BONET DE VIOLA 
MARÍA JOSÉ CAZORLA GONZÁLEZ 
ANTONI GARCÍA GABARRA 
CLAUDI MANS TEIXIDÓ 
ABEL MARINÉ FONT 
JOSE MIGUEL MULET SALORT 
ALFREDO RAMÍREZ NÁRDIZ
ISABEL SEGURA RODA 
MARIAGRAZIA SEMPREBON


ISBN: 978-84-9177-249-1


Empowering Consumers Through Online Dispute Resolution, Amy J. Schmitz 2017 University of Missouri School of Law

Empowering Consumers Through Online Dispute Resolution, Amy J. Schmitz

Faculty Publications

We transact online every day, hoping that no problems will occur. However, our purchases are not always perfect: goods may not arrive; products may be faulty; expectations may go unmet. When this occurs, we are often left frustrated, with no means for seeking redress. Phone calls to customer service are generally unappealing and ineffective, and traditional face-to-face or judicial processes for asserting claims are impractical after weighing costs against likely recovery. This is especially true when seeking redress requires travel, or for crossborder claims involving jurisdictional complexities. This situation has created a need for online dispute resolution (“ODR”), which brings ...


The Safe Harbor Solution: Is It An Effective Mechanism For International Data Transfers Between The United States And The European Union, Alexander Zinser 2017 University of Oklahoma College of Law

The Safe Harbor Solution: Is It An Effective Mechanism For International Data Transfers Between The United States And The European Union, Alexander Zinser

Oklahoma Journal of Law and Technology

No abstract provided.


Sharing Economy Inequality: How The Adoption Of Class Action Waivers In The Sharing Economy Presents A Threat To Racial Discrimination Claims, Caitlin Toto 2017 Boston College Law School

Sharing Economy Inequality: How The Adoption Of Class Action Waivers In The Sharing Economy Presents A Threat To Racial Discrimination Claims, Caitlin Toto

Boston College Law Review

In recent years, the sharing economy has pervaded the life of the consumer, challenging the regulatory and business status quo. Despite the pluralistic messages of many sharing economy companies, racial discrimination is a growing problem on peer-to-peer networks such as Uber and Airbnb. Victims of discrimination, however, have encountered an even greater opponent: class action waivers in arbitration agreements, which are omnipresent in sharing economy company contracts. Due to the inherent tie between class action and civil rights, racial discrimination claims in the sharing economy are held hostage by individual arbitration agreements. This Note argues that without action by Congress ...


The High Cost Of Free-To-Play Games: Consumer Protection In The New Digital Playground, Erik Allison 2017 Southern Methodist University

The High Cost Of Free-To-Play Games: Consumer Protection In The New Digital Playground, Erik Allison

SMU Law Review

No abstract provided.


Yershov V. Gannett: Rethinking The Vppa In The 21st Century, Ariel A. Pardee 2017 University of Maine School of Law

Yershov V. Gannett: Rethinking The Vppa In The 21st Century, Ariel A. Pardee

Maine Law Review

Almost anyone with a smartphone can recall a time when an online advertisement followed them from webpage to webpage, or mobile browser to mobile application, or even jumped from a mobile device to a desktop web browser. While some people see it as a harmless—or even helpful—quirk of the online world, others find it creepy and intrusive. In the absence of significant government regulation of online advertising practices, particularly aggrieved individuals have sought relief in the courts by alleging violations of ill-fitting statutes drafted decades ago. This note explores just such a case, Yershov v. Gannett, in which ...


When The Feds Have Taken The Field: Federal Field Preemption Of Claims Against Manufacturers Whose Medical Devices Have Received Premarket Approval By The Fda, Charles Warren 2017 University of Oklahoma College of Law

When The Feds Have Taken The Field: Federal Field Preemption Of Claims Against Manufacturers Whose Medical Devices Have Received Premarket Approval By The Fda, Charles Warren

Oklahoma Journal of Law and Technology

No abstract provided.


El Desperdicio De Alimentos En La Ue: ¿Un Problema Sin Solución?, Luis González Vaqué 2017 Asociación Iberoamericana para el Dereho Alimentario

El Desperdicio De Alimentos En La Ue: ¿Un Problema Sin Solución?, Luis González Vaqué

Luis González Vaqué

El despilfarro de alimentos es un problema universal que en los últimos años ha adquirido mayor prioridad tanto en la agenda pública como en la agenda política. Los alimentos constituyen un bien preciado y su producción puede requerir el empleo de gran volumen de recursos. Las estimaciones indican que se despilfarra o se pierde aproximadamente un tercio de los alimentos, con el enorme coste económico y medioambiental consiguiente. El Tribunal de Cuentas de la UE ha examinado la función que desempeña la Unió en la lucha contra el despilfarro de alimentos, las medidas adoptadas hasta la fecha y de qué ...


Protecting Confidential Information Entrusted To Others In Business Transactions: Data Breaches, Identity Theft, And Tort Liability, Mark A. Geistfeld 2017 New York University School of Law

Protecting Confidential Information Entrusted To Others In Business Transactions: Data Breaches, Identity Theft, And Tort Liability, Mark A. Geistfeld

New York University Public Law and Legal Theory Working Papers

Tort litigation over data breaches—defined here as the theft of one’s confidential information entrusted to another in a business transaction—most commonly involves the negligence cause of action. These claims turn on a number of issues that require searching analysis, including the manner in which the economic loss rule affects the tort duty, the relation between the negligence standard of care and strict liability, and the appropriate forms of compensable loss. Substantive analysis of these issues shows that they all can be resolved in favor of the negligence claim, which in turn justifies a rule of strict liability ...


Protecting Confidential Information Entrusted To Others In Business Transactions: Data Breaches, Identity Theft, And Tort Liability, Mark A. Geistfeld 2017 New York University School of Law

Protecting Confidential Information Entrusted To Others In Business Transactions: Data Breaches, Identity Theft, And Tort Liability, Mark A. Geistfeld

New York University Law and Economics Working Papers

Tort litigation over data breaches—defined here as the theft of one’s confidential information entrusted to another in a business transaction—most commonly involves the negligence cause of action. These claims turn on a number of issues that require searching analysis, including the manner in which the economic loss rule affects the tort duty, the relation between the negligence standard of care and strict liability, and the appropriate forms of compensable loss. Substantive analysis of these issues shows that they all can be resolved in favor of the negligence claim, which in turn justifies a rule of strict liability ...


Acciones De Clase, “Microdaños” A Los Consumidores Y Fluid Recovery: Alternativas Institucionales Y Costos Sociales, Pamela Tolosa 2017 ALACDE

Acciones De Clase, “Microdaños” A Los Consumidores Y Fluid Recovery: Alternativas Institucionales Y Costos Sociales, Pamela Tolosa

The Latin American and Iberian Journal of Law and Economics

Usually, class actions have advantages in dealing with negative expected-value claims by consumers —when the expected cost of claiming exceeds the expected benefits of doing so—. In those cases, it is assumed that affected consumers do not have incentives to sue. Consequently, class action can be seen as a device to internalize the social costs of harms caused to consumers. Nevertheless, in order to achieve such a goal, the condemnatory sentence or the settlement agreement must be effectively enforced. In that stage of proceedings, the lack of incentives for claiming consumer damages is frequent. Fluid recovery or cy prés mechanims ...


La Corte Di Giustizia E Le Misure Transitorie Relative Alle Indicazioni Sulla Salute Fornite Sui Prodotti Alimentari. Il Caso Dei " Fiori Di Bach ", Luis González Vaqué 2017 Asociación Iberoamericana para el Dereho Alimentario

La Corte Di Giustizia E Le Misure Transitorie Relative Alle Indicazioni Sulla Salute Fornite Sui Prodotti Alimentari. Il Caso Dei " Fiori Di Bach ", Luis González Vaqué

Luis González Vaqué

Article 28(2), first sentence, of Regulation (EC) No 1924/2006 of 20 December 2006 on nutrition and health claims made on foods (consolidated version), must be interpreted as meaning that that provision applies in the situation in which a foodstuff bearing a trade mark or brand name was, before 1 January 2005, marketed as a medicinal product and then, although having the same physical characteristics and bearing the same trade mark or brand name, as a foodstuff after that date.


Una Cuestión De Papas Y Camotes ¿Por Qué Jurídicamente El Servicio De Uber No Es Servicio De Taxi?, 2017 Selected Works

Una Cuestión De Papas Y Camotes ¿Por Qué Jurídicamente El Servicio De Uber No Es Servicio De Taxi?

Javier André Murillo Chávez

MURILLO Chávez, Javier André - "Una cuestión de papas y camotes ¿Por qué jurídicamente el servicio de Uber no es servicio de taxi?". En: Revista Diálogo con la Jurisprudencia. N° 228. Lima: Gaceta Jurídica, 2017, pp. 255-281.


Comments To The Federal Trade Commission On The Can-Spam Rule Review, 16 C.F.R. Part 316, Project No. R711010, Roger Allan Ford 2017 University of New Hampshire School of Law

Comments To The Federal Trade Commission On The Can-Spam Rule Review, 16 C.F.R. Part 316, Project No. R711010, Roger Allan Ford

Legal Scholarship

These comments respond to the Federal Trade Commission’s request for public comment on the CAN-SPAM Rule, 16 C.F.R. Part 316.

The CAN-SPAM Act set a minimum baseline for consumer protections that senders of unsolicited commercial email must respect. These protections have been largely effective at giving consumers the ability to manage how a large group of companies uses their email addresses for marketing. At the same time, the Act has had little effect on the volume of unsolicited commercial email or on the amount of email sent by scammers and fraudsters. The Act and its implementing Rule ...


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