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 state levels.
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 ...
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.
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 ...
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 ...
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
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 ...
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 exploded ...
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
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 ...
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 ...
Antitrust Liability For False Advertising: A Response To Carrier & Tushnet, 2022 University of Pennsylvania
Antitrust Liability For False Advertising: A Response To Carrier & Tushnet, Susannah Gagnon, Herbert J. Hovenkamp
Faculty Scholarship at Penn Carey Law
This reply briefly considers when false advertising can give rise to antitrust liability. The biggest difference between tort and antitrust liability is that the latter requires harm to the market, which is critically dependent on actual consumer response. As a result, the biggest hurdle a private plaintiff faces in turning an act of false advertising into an antitrust offense is proof of causation – to what extent can a decline in purchase volume or other market rejection be specifically attributed to the defendant’s false claims? That requirement dooms the great majority of false advertising claims attacked as violations of the ...
Advising 101 For The Growing Field Of Social Media Influencers, 2022 University of Washington School of Law
Advising 101 For The Growing Field Of Social Media Influencers, Stasia Skalbania
Washington Law Review
The Federal Trade Commission (FTC) protects consumers from unfair and deceptive business practices. In 2019, the FTC released the “Disclosures 101 for Social Media Influencers Guide” (herein referred to as the “2019 Influencer Guide”). The 2019 Influencer Guide outlines advertisers’ and endorsers’ specific responsibilities relating to the advertising and marketing of products on social media platforms. Despite the extensive information provided within the 2019 Influencer Guide, there is still great confusion regarding endorsement disclosure requirements, and many brands and influencers are not in compliance with FTC recommendations. This Comment provides guidance to brands and social media influencers on how to ...
Discrimination On Wheels: How Big Data Uses License Plate Surveillance To Put The Brakes On Disadvantaged Drivers, 2022 West Virginia University College of Law
Discrimination On Wheels: How Big Data Uses License Plate Surveillance To Put The Brakes On Disadvantaged Drivers, Nicole K. Mcconlogue
Law Faculty Scholarship
As scholarly discourse increasingly raises concerns about the negative societal effects of “fintech,” “dirty data,” and “technochauvinism,” a growing technology provides an instructive illustration of all three of these problems. Surveillance software companies are using automated license plate reader (ALPR) technology to develop predictive analytical tools. In turn, software companies market those tools to auto financers and insurers as a risk assessment input to evaluate consumers seeking to buy a car. Proponents of this technology might argue that more information about consumer travel habits will result in more accurate and individualized risk predictions, potentially increasing vehicle ownership among marginalized groups ...
Biometric Data Collection And Big Tech: Imposing Ethical Constraints On Entities That Harvest Biometric Data, 2022 Seattle University School of Law
Biometric Data Collection And Big Tech: Imposing Ethical Constraints On Entities That Harvest Biometric Data, Ian Ducey
Seattle Journal of Technology, Environmental & Innovation Law
Amazon can tell when you are sleeping, when you are awake, and when you are stressed, and they can do it before you may recognize it yourself. At least it will be able to if you decide to buy their newest wearable health monitoring technology. In 2020, Amazon joined Google’s Fitbit and Apple’s Apple Watch in the wearable technology market with the Amazon Halo. A wristband outfitted with a variety of sensors designed to help manage and record health identifiers, including body fat percentage, step tracking, sleep tracking, and now emotional responses. Many companies have begun developing and ...
Rage Against The Machine: Reducing Robocall Abuse To Protect At-Risk Consumers, 2022 University of Massachusetts School of Law
Rage Against The Machine: Reducing Robocall Abuse To Protect At-Risk Consumers, Nicole Egan
University of Massachusetts Law Review
For most people, robocalls are nothing more than an annoying side-effect of owning a cell phone today. But a successful robocall scheme is still capable of wreaking financial and psychological havoc on its victims. Senior citizens and cognitively impaired individuals are often targeted by fraudulent phone calls or texts because they may have trouble understanding how to identify and protect themselves from robocall abuse. This Note proposes a collaborative solution to this problem by calling on the judiciary and legislatures to minimize the amount of robocalls received by American telephone consumers. By adopting a broader understanding of the law and ...
Small Business Cybersecurity: A Loophole To Consumer Data, 2022 St. Mary's University School of Law
Small Business Cybersecurity: A Loophole To Consumer Data, Matthew R. Espinosa
The Scholar: St. Mary's Law Review on Race and Social Justice
Small businesses and small minority owned businesses are vital to our nation’s economy; therefore legislation, regulation, and policy has been created in order to assist them in overcoming their economic stability issues and ensure they continue to serve the communities that rely on them. However, there is not a focus on regulating nor assisting small businesses to ensure their cybersecurity standards are up to par despite them increasingly becoming a victim of cyberattacks that yield high consequences. The external oversight and assistance is necessary for small businesses due to their lack of knowledge in implementing effective cybersecurity policies, the ...