Endorsing After Death,
2022
William & Mary Law School
Endorsing After Death, Andrew Gilden
William & Mary Law Review
An endorsement is an act of giving one’s public support to a person, product, service, or cause; accordingly, it might seem impossible for someone to make an endorsement after they have died. Nevertheless, posthumous endorsements have become commonplace in social media marketing and have been increasingly embraced by trademark and unfair competition laws. Entities representing Marilyn Monroe, for example, have successfully brought trademark claims for the unauthorized use of Monroe’s name, have successfully brought false endorsement claims under section 43(a) of the Lanham Act, and regularly have promoted products through the Instagram-verified “@marilynmonroe” page. Marilyn Monroe survives today as a …
The Rise Of Concentrated Animal Feeding Operations, Their Effects, And How We Can Stop Their Growth,
2022
Penn State Dickinson Law
The Rise Of Concentrated Animal Feeding Operations, Their Effects, And How We Can Stop Their Growth, Andrea Prisco
Dickinson Law Review (2017-Present)
Dramatic changes in the agricultural industry over the last century have led to the rise of concentrated animal feeding operations– industrial facilities that raise a large number of animals in confined spaces. Animals raised in these facilities suffer from poor quality of life and abuse. For humans, these facilities have had adverse effects on the environment and public health, but they are also associated with high productivity and low food costs. This Comment analyzes the effects of concentrated animal feeding operations on animal well-being, the environment, and public health. This Comment also analyzes current federal legislation that helps combat the …
Detoxing From Clean Claims: Bridging The Gap Between "Clean" And "Dirty" Beauty,
2022
William & Mary Law School
Detoxing From Clean Claims: Bridging The Gap Between "Clean" And "Dirty" Beauty, Alecsandra Dragus
William & Mary Business Law Review
The clean beauty industry has gained increasing popularity in the last couple of years. This has spurred the development of many brands and impacted what consumers look for in their products. This Note engages in the existing conversation in the beauty industry pertaining to "clean" products by showing that the lack of interference from the Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) to set definitional criteria for what constitute ''clean" products has resulted in an increase in the commercialization of health-conscious consumer beliefs based on ambiguous and misleading information. These consumers are stuck in a loop …
Benign Language On Letters From Debt Collectors And Avoiding Violations Of The Fair Debt Collection Practices Act,
2022
University of Cincinnati College of Law
Benign Language On Letters From Debt Collectors And Avoiding Violations Of The Fair Debt Collection Practices Act, Sebastian West
University of Cincinnati Law Review
No abstract provided.
Toxic Promises,
2022
Victoria University of Wellington
Toxic Promises, Shmuel I. Becher, Yuval Feldman, Meirav Furth-Matzkin
Boston College Law Review
Sellers often make manipulative and dishonest claims about their products and services. Such claims, which are more likely to be present in oral interactions, substantially influence consumers’ choices. We term these claims “toxic promises.”
This Article argues that the law currently underestimates, and does not properly respond to, the social harms that toxic promises generate. Insights from behavioral ethics suggest that even ordinary, law-abiding sellers can frequently make such manipulative assertions. At the same time, contracting realities might lead consumers to rely heavily on these toxic promises. When consumers discover that they have been manipulated, it is often too late: …
States And Systemic Risk: An Analysis Of The Dodd-Frank Act's (Un)Cooperative Federalism,
2022
Boston College Law School
States And Systemic Risk: An Analysis Of The Dodd-Frank Act's (Un)Cooperative Federalism, Daniel A. Lyons
Boston College Law School Faculty Papers
The Financial Stability Oversight Council represented an innovative approach to the problem of systemic risk in the American economy. It also represented an innovative form of cooperative federalism. By grafting state regulators onto the Council as nonvoting members, Congress hoped this new federal super-regulator would draw upon a reservoir of state expertise and local knowledge so that the Council’s final decisions reflected a collaborative effort between the nation’s top experts at the federal and state level.
But looking back over the first decade of the Council’s operations, it is clear that this experiment failed to work as Congress intended. Federal …
The New Bailments,
2022
University of Washington School of Law
The New Bailments, Danielle D’Onfro
Washington Law Review
The rise of cloud computing has dramatically changed how consumers and firms store their belongings. Property that owners once managed directly now exists primarily on infrastructure maintained by intermediaries. Consumers entrust their photos to Apple instead of scrapbooks; businesses put their documents on Amazon’s servers instead of in file cabinets; seemingly everything runs in the cloud. Were these belongings tangible, the relationship between owner and intermediary would be governed by the common-law doctrine of bailment. Bailments are mandatory relationships formed when one party entrusts their property to another. Within this relationship, the bailees owe the bailors a duty of care …
Dismantling The “Black Opticon”: Privacy, Race Equity, And Online Data-Protection Reform,
2022
University of Pennsylvania Carey Law School
Dismantling The “Black Opticon”: Privacy, Race Equity, And Online Data-Protection Reform, Anita L. Allen
Faculty Scholarship at Penn Carey Law
African Americans online face three distinguishable but related categories of vulnerability to bias and discrimination that I dub the “Black Opticon”: discriminatory oversurveillance, discriminatory exclusion, and discriminatory predation. Escaping the Black Opticon is unlikely without acknowledgement of privacy’s unequal distribution and privacy law’s outmoded and unduly race-neutral façade. African Americans could benefit from race-conscious efforts to shape a more equitable digital public sphere through improved laws and legal institutions. This Essay critically elaborates the Black Opticon triad and considers whether the Virginia Consumer Data Protection Act (2021), the federal Data Protection Act (2021), and new resources for the Federal Trade …
Federally Mandated Online Sales Tax: A Logistical Solution For The Future Of E-Commerce,
2022
Depaul University College of Law
Federally Mandated Online Sales Tax: A Logistical Solution For The Future Of E-Commerce, Daniel O'Connor
DePaul Business & Commercial Law Journal
No abstract provided.
Economic Structural Transformation And Litigation: Evidence From Chinese Provinces, To Economic Change And Restructuring,
2022
Drake University Law School
Economic Structural Transformation And Litigation: Evidence From Chinese Provinces, To Economic Change And Restructuring, Doug Bujakowski, Joan Schmit
DePaul Business & Commercial Law Journal
No abstract provided.
The "Business Interruption" Insurance Coverage Conundrum: Covid-19 Presents A Challenge,
2022
University of North Dakota School of Law
The "Business Interruption" Insurance Coverage Conundrum: Covid-19 Presents A Challenge, Paul E. Traynor
DePaul Business & Commercial Law Journal
No abstract provided.
Misalighned Incentives In Markets: Envisioning Finance That Benefits All Of Society,
2022
University of Calgary
Misalighned Incentives In Markets: Envisioning Finance That Benefits All Of Society, Dr. Ryan Clements
DePaul Business & Commercial Law Journal
No abstract provided.
Where’S The Beef, Turkey, Butter, Cheese, Or Other Animal Ingredient?,
2022
Wayne State University
Where’S The Beef, Turkey, Butter, Cheese, Or Other Animal Ingredient?, Virginia C. Thomas
Library Scholarly Publications
The author discusses current challenges presented by federal and state labeling laws and standards pertaining to plant-based meat alternative food products.
Eaters, Powerless By Design,
2022
Elisabeth Haub School of Law at Pace University
Eaters, Powerless By Design, Margot J. Pollans
Elisabeth Haub School of Law Faculty Publications
Food law, including traditional food safety regulation, antihunger programs, and food system worker protections, has received increased attention in recent years as a distinct field of study. Bringing together these disparate areas of law under a single lens provides an opportunity to understand the role of law in shaping what we eat (what food is produced and where it is distributed), how much we eat, and how we think about food. The food system is rife with problems--endemic hunger, worker exploitation, massive environmental externalities, and diet-related disease. Looked at in a piecemeal fashion, elements of food law appear responsive to …
Eaters, Powerless By Design,
2022
Elisabeth Haub School of Law at Pace University
Eaters, Powerless By Design, Margot J. Pollans
Michigan Law Review
Food law, including traditional food safety regulation, antihunger programs, and food system worker protections, has received increased attention in recent years as a distinct field of study. Bringing together these disparate areas of law under a single lens provides an opportunity to understand the role of law in shaping what we eat (what food is produced and where it is distributed), how much we eat, and how we think about food. The food system is rife with problems— endemic hunger, worker exploitation, massive environmental externalities, and diet-related disease. Looked at in a piecemeal fashion, elements of food law appear responsive …
Monsanto: Creator Of Cancer Liability,
2022
DePaul University
Monsanto: Creator Of Cancer Liability
DePaul Business & Commercial Law Journal
No abstract provided.
Impact Of Corporate Response To Controversial Presidential Statements Or Policies,
2022
DePaul University
Impact Of Corporate Response To Controversial Presidential Statements Or Policies
DePaul Business & Commercial Law Journal
No abstract provided.
California Consumer Protection Act (Ccpa): Narrowing Ccpa Exemptions Will Ensure Greater Privacy Protections,
2022
Golden Gate University School of Law
California Consumer Protection Act (Ccpa): Narrowing Ccpa Exemptions Will Ensure Greater Privacy Protections, Brennan Gamwell
GGU Law Review Blog
The California Consumer Privacy Act (CCPA) has been touted as a “landmark” and one of the “strictest digital privacy laws in the United States.” Californians for Consumer Privacy first sponsored the CCPA in 2018 as a ballot initiative. Soon after, the CCPA was introduced into the California Assembly as AB 375 and signed into law later that same year. The CCPA went into effect on January 1, 2020, granting California residents rights regarding their personal information collected and sold by businesses.
Privacy protections for California consumers will become even stronger once the California Privacy Rights Act (CPRA) goes into effect …
Fda As Food System Stewards,
2022
Elisabeth Haub School of Law at Pace University
Fda As Food System Stewards, Margot J. Pollans, Matthew F. Watson
Elisabeth Haub School of Law Faculty Publications
The Food and Drug Administration (“FDA”) is one of the primary regulators of the U.S. food system, yet it all but ignores the food system's vast environmental footprint. Although the agency is not technically an environmental agency, it could and should view redressing the food system's significant environmental footprint as part of its health and safety mission. In this Article, we review FDA's history of National Environmental Policy Act (“NEPA”) compliance. This history affirms our hypothesis that FDA does not view its own work as environmental. The review, along with assessment of some of FDA's core food programs, reveals that …
Regulating Charitable Crowdfunding,
2022
Notre Dame Law School
Regulating Charitable Crowdfunding, Lloyd Hitoshi Mayer
Journal Articles
Charitable crowdfunding is a global and rapidly growing new method for raising money to benefit charities and individuals in need. While mass fundraising has existed for more than a hundred years, crowdfunding is distinguishable from those earlier efforts because of its low cost, speed of implementation, and broad reach. Reflecting these advantages, it now accounts annually for
billions of dollars raised from tens of millions of donors through hundreds of Internet platforms such as Charidy, Facebook, GoFundMe, and GlobalGiving. Although most charitable crowdfunding campaigns raise only modest amounts, every year several efforts attract tens of millions of dollars in donations. …