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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 ...


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 ...


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 ...


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.


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 ...


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 Politics Of Arbitration Law And Centrist Proposals For Reform, Stephen Ware 2016 University of Kansas

The Politics Of Arbitration Law And Centrist Proposals For Reform, Stephen Ware

Stephen Ware

Arbitration law in the United States is far more controversial when applied to individuals than to businesses. While enforcement of arbitration agreements between businesses sometimes raises legal issues that divide courts, those issues tend to interest only scholars, lawyers, and other specialists in the field of arbitration. In contrast, enforcement of arbitration agreements between a business and an individual (such as a consumer or employee) raises legal issues that interest many members of Congress and various interest groups, all of whom have taken positions on significant proposals for law reform. The Consumer Financial Protection Bureau has extensively researched and reported ...


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 ...


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