Civic Consulting, Berlin
Yale Law School
University of Maryland Francis King Carey School of Law
Professor of Law Valparasio Law School
University of Toronto
Bond University
What We Buy When We "Buy Now",
2016
Case Western Reserve University
What We Buy When We "Buy Now", Aaron Perzanowski, Chris Jay Hoofnagle
Aaron K. Perzanowski
Regulation Vs. The Market: The Case Of Bicycle Safety (Part I),
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?,
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
The Perverse Behavioral Economics Of Disclosing Standard Terms,
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,
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,
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,
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,
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,
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,
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,
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,
2016
University of Kansas
The Politics Of Arbitration Law And Centrist Proposals For Reform, Stephen Ware
Stephen Ware
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,
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,
2016
Penn State Law
The Insurability Of Claims For Restitution, Christopher French
Christopher C. French
The Insurability Of Claims For Restitution,
2016
Penn State Law
The Insurability Of Claims For Restitution, Christopher French
Christopher C. French
Wearable Devices As Admissible Evidence: Technology Is Killing Our Opportunity To Lie,
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,
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",
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
The Arc And Architecture Of Private Enforcement Regimes In The United States And Europe: A View Across The Atlantic,
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 ...
