What A Data Privacy Law Should Look Like In West Virginia: Balancing Competing Interests Of Consumers And Businesses,
2023
West Virginia University College of Law
What A Data Privacy Law Should Look Like In West Virginia: Balancing Competing Interests Of Consumers And Businesses, Harrison Enright
West Virginia Law Review
Today’s businesses invariably leverage consumer data to create business insights, such as marketing strategies and consumer behavior analyses. As a result, consumers have placed an emphasis on data privacy and security. In response, many states have proposed comprehensive legislation aspiring to regulate the collection and usage of consumer data by businesses, grant individual rights to consumers, and provide for a method of enforcement. House Bill 3159 represents West Virginia’s most recent attempt at doing so, serving as an indication that the state is working diligently to enhance the data privacy of its residents.
Although enacting a comprehensive data privacy law …
Analysis Of Discriminatory Measures From European Union Renewable Energy Directive Ii To Indonesia As A Palm Oil Producer Country,
2022
University of Dundee, United Kingdom
Analysis Of Discriminatory Measures From European Union Renewable Energy Directive Ii To Indonesia As A Palm Oil Producer Country, Enrico Denis Sihotang
Indonesia Law Review
On 21 December 2018, the European Union (EU) issued a regulation titled Renewable Energy Directive II (RED II), where the RED II policy introduced the indirect land use change (ILUC) criteria for palm oil. RED II states that palm oil is classified as a commodity with a “ high ILUC risk” type, and as such, the EU will gradually reduce palm oil consumption and no longer use palm oil by 2030. Indonesia brought this issue to WTO in 2020. Indonesia, through its consultation, argued that the RED II is inconsistent with the few provisions of the General Agreement on Tariffs …
The Magic Of Fintech? Insights For A Regulatory Agenda From Analyzing Student Loan Complaints Filed With The Cfpb,
2022
Howard University School of Law
The Magic Of Fintech? Insights For A Regulatory Agenda From Analyzing Student Loan Complaints Filed With The Cfpb, Matthew Adam Bruckner, Christopher J. Ryan
Dickinson Law Review (2017-Present)
This Article looks at consumer complaints about student loan lenders and servicers from the Consumer Financial Protection Bureau’s (CFPB’s) consumer complaint database. Using a novel dataset drawn from 30,678 complaints filed against 212 student loan companies, we analyze consumers’ subjective views about whether traditional or fintech student loan lenders and servicers provide a better customer experience. Overall, we find that consumers initiate far fewer complaints against fintech lenders than traditional lenders. But we find that fintech lenders are 28 times more likely than traditional lenders to receive complaints for making confusing or misleading advertisements. Our data also show that complaints …
Comments Of The Cordell Institute For Policy In Medicine & Law At Washington University In St. Louis,
2022
Cordell Institute for Policy in Medicine & Law
Comments Of The Cordell Institute For Policy In Medicine & Law At Washington University In St. Louis, Neil Richards, Woodrow Hartzog, Jordan Francis
Faculty Scholarship
The Federal Trade Commission—with its broad, independent grant of authority and statutory mandate to identify and prevent unfair and deceptive trade practices—is uniquely situated to prevent and remedy unfair and deceptive data privacy and data security practices. In an increasingly digitized world, data collection, processing, and transfer have become integral to market interactions. Our personal and commercial experiences are now mediated by powerful, information-intensive firms who hold the power to shape what consumers see, how they interact, which options are available to them, and how they make decisions. That power imbalance exposes consumers and leaves them all vulnerable. We all …
Against Secondary Meaning,
2022
Walter J. Derenberg Professor of Intellectual Property Law, New York University School of Law; Faculty Co-Director, Engelberg Center on Innovation Law & Policy
Against Secondary Meaning, Jeanne C. Fromer
Notre Dame Law Review
Trademark law premises protection and scope of marks on secondary meaning, which is established when a mark develops sufficient association to consumers with a business as a source of goods or services in addition to the mark’s linguistic primary meaning. In recent years, scholars have proposed that secondary meaning plays an even more central role in trademark law than it already does. Yet enshrining secondary meaning in the law undermines the ultimate goals of trademark law: promoting fair competition and protecting consumers. The dangers of enshrining secondary meaning include the problematic doctrine that has built up to assess it or …
Providing Farmers With The Legal Tools Needed To Keep The Equipment Running: An Update On The Agricultural Right To Repair Movement,
2022
University of Nebraska at Kearney
Providing Farmers With The Legal Tools Needed To Keep The Equipment Running: An Update On The Agricultural Right To Repair Movement, Greg Nies, Bruce Elder
Mountain Plains Business Conference
This presentation examines and summarizes the right to repair movement from the perspective of its origins, development, legal basis and – most significantly – its unique manifestation within an agriculture perspective. The agricultural equipment sector is more concentrated and less competitive than many other industries, while the typical farmer remains fiercely independent and self-reliant. This unique situation has led to conflict, forming the basis of the current agricultural right to repair dispute. Accordingly, the current state of the agricultural right to repair movement is examined and explained based on the recent policy, legislation, and litigation efforts employed at federal and …
Why Is A Debt Collector Texting Me? The Modernization Of Debt Collection Practices,
2022
University of Cincinnati College of Law
Why Is A Debt Collector Texting Me? The Modernization Of Debt Collection Practices, Emily Schmidt
University of Cincinnati Law Review
No abstract provided.
Information Privacy And The Inference Economy,
2022
Northwestern Pritzker School of Law
Information Privacy And The Inference Economy, Alicia Solow-Niederman
Northwestern University Law Review
Information privacy is in trouble. Contemporary information privacy protections emphasize individuals’ control over their own personal information. But machine learning, the leading form of artificial intelligence, facilitates an inference economy that pushes this protective approach past its breaking point. Machine learning provides pathways to use data and make probabilistic predictions—inferences—that are inadequately addressed by the current regime. For one, seemingly innocuous or irrelevant data can generate machine learning insights, making it impossible for an individual to anticipate what kinds of data warrant protection. Moreover, it is possible to aggregate myriad individuals’ data within machine learning models, identify patterns, and then …
Gamestop And The Reemergence Of The Retail Investor,
2022
University of Pennsylvania Carey Law School
Gamestop And The Reemergence Of The Retail Investor, Jill E. Fisch
Faculty Scholarship at Penn Carey Law
The GameStop trading frenzy in January 2021 was perhaps the highest profile example of the reemergence of capital market participation by retail investors, a marked shift from the growing domination of those markets by large institutional investors. Some commentators have greeted retail investing, which has been fueled by app-based brokerage accounts and social media, with alarm and called for regulatory reform. The goals of such reforms are twofold. First, critics argue that retail investors need greater protection from the risks of investing in the stock market. Second, they argue that the stock market, in term, needs protection from retail investors. …
Wishing To Be Part Of That Court: How The Supreme Court's Decision In Bp P.L.C. V. Mayor Of Baltimore Lets Energy Companies Wander Free And Drown The Shore Up Above,
2022
Villanova University Charles Widger School of Law
Wishing To Be Part Of That Court: How The Supreme Court's Decision In Bp P.L.C. V. Mayor Of Baltimore Lets Energy Companies Wander Free And Drown The Shore Up Above, Natalie Poirier
Villanova Environmental Law Journal
No abstract provided.
Reflections Of An Unapologetic Safety Regulator,
2022
U.S. Consumer Product Safety Commission
Reflections Of An Unapologetic Safety Regulator, Robert S. Adler
The Regulatory Review in Depth
No abstract provided.
The Broken Beef Cattle Industry: Cool, Covid And Cattletrace,
2022
University of Arkansas, Fayetteville
The Broken Beef Cattle Industry: Cool, Covid And Cattletrace, Hayden L. Ballard
Journal of Food Law & Policy
While the Kansas City Stockyards themselves are gone, just like in the early 20th Century, a beef monopoly has once again found its way into the industry, and a way around the Packers and Stockyards Act of 1921 and is again suffocating the industry. While at the time of the act’s passage in 1921 five companies controlled the market, today the market is even more consolidated in the “Big Four,” as the four biggest meat packing companies in America are commonly known (Cargill, Tyson, JBS and National Beef/Marfrig), and are again arguably stifling the free-market. If Americans do not act …
Novel Food Ingredients: Food Safety Law, Animal Testing, And Consumer Perspectives,
2022
Marquette University Law School
Novel Food Ingredients: Food Safety Law, Animal Testing, And Consumer Perspectives, Taimie Bryant
Marquette Law Review
In recent years, some major food companies have publicly stated that they will no longer test their product ingredients on animals. Yet despite the availability of more reliably predictive non-animal toxicity tests, some companies continue testing novel food ingredients on animals. This Article uses the lens of a particular innovative plant-based food company’s decision to test a novel food ingredient on animals as a means of considering more generally whether any food producer has rational legal reasons for testing on animals. The Article explores FDA requirements, consumer food safety litigation, and judicial evaluation of animal test data, all of which …
An Overview Of The Regulations Of Corporate Social Responsibility (Csr) Labelled Product,
2022
Muhammadiyah University of Yogyakarta, Indonesia
An Overview Of The Regulations Of Corporate Social Responsibility (Csr) Labelled Product, Zaid Zaid
Indonesia Law Review
Over the last 5 years, Indonesia has experienced an emergency of illegal products. Most of them are imported products that do not have adequate labeling standards which can adversely affect both domestic or national trade and stakeholders. On the other hand, product labels are one of the most effective ways to detect the legality, safety, and warranty of a product. This article aims to explore and analyze how the role of product labels can protect and cover social interests. In addition, this research also tries to observe how ethics and laws or regulations regulate product labels to provide a moral …
Amicus Curiae Brief Of The Hon. Judith Fitzgerald (Bankruptcy Judge, Ret.), And Law Professors Pamela Foohey, George Kuney, Robert Lawless, Jonathan Lipson, Bruce A. Markell, Nancy Rapoport, Richard Squire, Ray Warner And Jack Williams, In Support Of The Petitioner,
2022
Bankruptcy Judge, Western District of Pennsylvania, ret.
Amicus Curiae Brief Of The Hon. Judith Fitzgerald (Bankruptcy Judge, Ret.), And Law Professors Pamela Foohey, George Kuney, Robert Lawless, Jonathan Lipson, Bruce A. Markell, Nancy Rapoport, Richard Squire, Ray Warner And Jack Williams, In Support Of The Petitioner, Judith Fitzgerald, Pamela Foohey, George Kuney, Robert Lawless, Jonathan Lipson, Bruce A. Markell, Nancy B. Rapoport, Richard Squire, Ray Warner, Jack Williams
Briefs
Professor Pamela Foohey filed an amicus brief with a group of law professors and a former bankruptcy judge in MOAC Mall Holdings LLC v. Transform Holdco LLC.
A Qualitative Look Into Repair Practices,
2022
Western University
A Qualitative Look Into Repair Practices, Jumana Labib
Undergraduate Student Research Internships Conference
This research poster is based on a working research paper which moves beyond the traditional scope of repair and examines the Right to Repair movement from a smaller, more personal lens by detailing the 6 categorical impediments as dubbed by Dr. Alissa Centivany (design, law, economic/business strategy, material asymmetry, informational asymmetry, and social impediments) have continuously inhibited repair and affected repair practices, which has consequently had larger implications (environmental, economic, social, etc.) on ourselves, our objects, and our world. The poster builds upon my research from last year (see "The Right to Repair: (Re)building a better future"), this time pulling …
Have Disclosures Kept Up With The Big Data Revolution? An Empirical Test,
2022
College of Law & Business
Have Disclosures Kept Up With The Big Data Revolution? An Empirical Test, Uri Benoliel
Boston College Law Review
Given the significant social benefits of the big data revolution, an important empirical legal question arises: are government-mandated disclosures designed in a way that allows society to harness the power of the big data that they include? Mandated disclosures normally include an overwhelming volume of data that can be difficult to read and understand for the average individual consumer. If, however, the voluminous data included in the disclosures is machine-readable, such that it can be automatically extracted and processed by computers, disclosures might actually assist consumers in making better-informed buying decisions. Although legal scholars have extensively studied the level of …
Data Protection In The Digital Economy: Legislating In Light Of Sorrell V. Ims Health Inc.,
2022
Boston College Law School
Data Protection In The Digital Economy: Legislating In Light Of Sorrell V. Ims Health Inc., Zachary Schapiro
Boston College Law Review
Consumers overwhelmingly believe that companies do not do enough to protect their personal data. As Congress considers federal data protection legislation, it must ensure that any proposed legislation comports with the First Amendment. In 2011, in Sorrell v. IMS Health Inc., the U.S. Supreme Court determined that a Vermont law prohibiting the use of physician-prescribing records for marketing purposes violated the First Amendment. At the heart of Sorrell is that shared data, unlike a traditional commodity like oil, conveys information and is thus First Amendment-protected speech. Since Sorrell, the use and retention of data, specifically personal data, has …
Amazon As A Seller Of Marketplace Goods Under Article 2,
2022
University at Buffalo School of Law
Amazon As A Seller Of Marketplace Goods Under Article 2, Tanya J. Monestier
Journal Articles
You have probably purchased goods on Amazon. Did you know that if the goods you purchased on Amazon turn out to be defective and cause serious personal injury, Amazon is probably not liable for them? Did you know that even though you placed an order on Amazon, gave payment to Amazon, and received the goods in an Amazon box, there is a good chance that the goods are not “sold by” Amazon—but are instead sold by a third-party seller? Did you know that Amazon tries to avoid liability for goods sold on its platform on the technicality that it does …
Hair On Fire: Why Companies Are Less Likely To Feel The Burn Under The Doj’S Newest Change To Antitrust Enforcement,
2022
Pepperdine University
Hair On Fire: Why Companies Are Less Likely To Feel The Burn Under The Doj’S Newest Change To Antitrust Enforcement, Caroline M. Whitener
Pepperdine Law Review
In July 2019, the Department of Justice (DOJ) Antitrust Division announced that in an effort to help companies avoid “‘hair on fire’ experiences,” Division prosecutors are now, despite previous hesitancy, encouraged to offer prosecution alternatives in the form of deferred prosecution agreements (DPAs) and non-prosecution agreements (NPAs) to corporate antitrust violators. Alternative prosecution agreements, such as DPAs and NPAs, are contracts between the government and corporate wrongdoers that allow companies to delay or entirely avoid prosecution, provided the company adheres to the contract terms. Additionally, as a part of the policy change, DOJ antitrust prosecutors must evaluate a corporation’s preexisting …