Civic Consulting, Berlin
Pepperdine University
University of Toronto
Seattle University School of Law
Yale Law School
Professor of Law Valparasio Law School
John Marshall Law School
Sharing Economy Inequality: How The Adoption Of Class Action Waivers In The Sharing Economy Presents A Threat To Racial Discrimination Claims,
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,
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,
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,
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.
Protecting Confidential Information Entrusted To Others In Business Transactions: Data Breaches, Identity Theft, And Tort Liability,
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 ...
Protecting Confidential Information Entrusted To Others In Business Transactions: Data Breaches, Identity Theft, And Tort Liability,
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 ...
Acciones De Clase, “Microdaños” A Los Consumidores Y Fluid Recovery: Alternativas Institucionales Y Costos Sociales,
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 ",
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
Una Cuestión De Papas Y Camotes ¿Por Qué Jurídicamente El Servicio De Uber No Es Servicio De Taxi?,
2017
Pontificia Universidad Católica del Perú
Una Cuestión De Papas Y Camotes ¿Por Qué Jurídicamente El Servicio De Uber No Es Servicio De Taxi?, Javier André Murillo Chávez
Javier André Murillo Chávez
Comments To The Federal Trade Commission On The Can-Spam Rule Review, 16 C.F.R. Part 316, Project No. R711010,
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 ...
Buckle Up: State Child Safety Restraint Laws Need To Be Strengthened To Better Protect Children,
2017
The University of Akron
Buckle Up: State Child Safety Restraint Laws Need To Be Strengthened To Better Protect Children, Ellen A. Black
Akron Law Review
Deaths of children due to vehicle accidents have drastically decreased since 1985, the year in which all states enacted laws requiring children to be secured in child safety restraints when traveling in a vehicle. Yet, vehicle accidents remain the leading cause of death for children in this country, with at least three children under the age of fourteen dying each day and 462 suffering from severe injuries due to vehicle accidents. In 2011, the American Academy of Pediatrics set forth recommendations seeking to lower these troubling statistics, but thus far, only four states have enacted legislation that mirrors, at least ...
Soggy Debt—The Seventh Circuit Widens The Split On Fdcpa Liability For Time-Barred Claims In Bankruptcy,
2017
Southern Methodist University
Soggy Debt—The Seventh Circuit Widens The Split On Fdcpa Liability For Time-Barred Claims In Bankruptcy, Elijah C. Stone
SMU Law Review
No abstract provided.
Are Validation Notices Valid? An Empirical Evaluation Of Consumer Understanding Of Debt Collection Validation Notices,
2017
St. John's University School of Law
Are Validation Notices Valid? An Empirical Evaluation Of Consumer Understanding Of Debt Collection Validation Notices, Jeff Sovern, Kate E. Walton
SMU Law Review
A principal protection against the collection of consumer debts that are not actually owed is the Fair Debt Collection Practices Act’s (FDCPA) validation notice, which obliges debt collectors demanding payment to notify consumers of their rights to dispute debts and request verification, among other things. This Article reports on the first public study of whether consumers understand the notices or what they take away from them. For nearly four decades, courts have decided whether validation notices satisfied the FDCPA without ever knowing when or if consumers understand the notices. This Article attempts to remedy that problem.
Collectors who prefer ...
The Uberization Of Arbitration Clauses,
2017
Elisabeth Haub School of Law, Pace University
The Uberization Of Arbitration Clauses, Jill I. Gross
Arbitration Law Review
No abstract provided.
Trumping The Ninth Circuit: How The 45th President’S Supreme Court Appointments Will Strengthen The Already Strong Federal Policy Favoring Arbitration,
2017
Penn State Law
Trumping The Ninth Circuit: How The 45th President’S Supreme Court Appointments Will Strengthen The Already Strong Federal Policy Favoring Arbitration, Eric Schleich
Arbitration Law Review
No abstract provided.
Relational Contracts Of Adhesion,
2017
University of Pennsylvania Law School
Relational Contracts Of Adhesion, David A. Hoffman
Faculty Scholarship
Not all digital fine print exculpates liability: some exhorts users to perform before the consumer relationship has soured. We promise to choose strong passwords (and hold them private); to behave civilly on social networks; to refrain from streaming shows and sports; and to avoid reverse-engineering code (or, worse, deploying deadly bots). In short: consumers are apparently regulated by digital fine print, though it’s universally assumed we don’t read it, and even if we did, we’ll never be sued for failing to perform.
On reflection, this ordinary phenomenon is perplexing. Why would firms persist in deploying uncommunicative behavioral ...
K&P Homes V. Christiana Trust, 133 Nev. Adv. Op. 51 (July 27, 2017),
2017
University of Nevada, Las Vegas -- William S. Boyd School of Law
K&P Homes V. Christiana Trust, 133 Nev. Adv. Op. 51 (July 27, 2017), Yolanda Carapia
Nevada Supreme Court Summaries
The Court determined that the SFR Investments Pool 1, LLC v. U.S. Bank, N.A. decision, extinguishing first security interests, applies retroactively to all foreclosures occurring prior to the date of the decision and since NRS 116.3116’s inception.
Mad Men And Dead Men: Justification For Regulation Of Computer-Generated Images Of Deceased Celebrity Endorsers,
2017
Cleveland-Marshall College of Law
Mad Men And Dead Men: Justification For Regulation Of Computer-Generated Images Of Deceased Celebrity Endorsers, Kerry Barrett
Cleveland State Law Review
Pursuant to the Federal Trade Commission Act, the Federal Trade Commission (FTC) is charged with consumer protection through the prohibition of unfair and deceptive trade practices. An unfair and deceptive trade practice is gaining in prominence and has not yet been subjected to FTC regulation. Computer-generated imagery (CGIs) of deceased celebrity endorsers are misleading to consumers and constitute a false advertisement. This Note evaluates how digitally resurrected endorsers pervert the consumer decision-making process through analysis of issue-relevant thinking, the match-up hypothesis, event-study analysis, social adaptation theory, and transfer theory. This Note also accounts for the macroeconomic effect of regulation of ...
Privacy, Security, And The Connected Hairbrush,
2017
University of Maryland Francis King Carey School of Law
Privacy, Security, And The Connected Hairbrush, Travis Leblanc
Maryland Law Review
No abstract provided.
Averting Robot Eyes,
2017
University of Maryland Francis King Carey School of Law
Averting Robot Eyes, Margot E. Kaminski, Matthew Rueben, William D. Smart, Cindy M. Grimm
Maryland Law Review
No abstract provided.
