The Internet Of Torts: Expanding Civil Liability Standards To Address Corporate Remote Interference, 2019 University of Richmond - School of Law
The Internet Of Torts: Expanding Civil Liability Standards To Address Corporate Remote Interference, Rebecca Crootof
Law Faculty Publications
Thanks to the proliferation of internet-connected devices that constitute the “Internet of Things” (“IoT”), companies can now remotely and automatically alter or deactivate household items. In addition to empowering industry at the expense of individuals, this remote interference can cause property damage and bodily injury when an otherwise operational car, alarm system, or implanted medical device abruptly ceases to function.
Even as the potential for harm escalates, contract and tort law work in tandem to shield IoT companies from liability. Exculpatory clauses limit civil remedies, IoT devices’ bundled object/service nature thwarts implied warranty claims, and contractual notice of remote interference …
Data Disparity: Tiered Pricing As An Alternative To Consumer Iot Data Privacy Regulations, 2019 University of New Hampshire, Durham
Data Disparity: Tiered Pricing As An Alternative To Consumer Iot Data Privacy Regulations, Matthew Lostocco
Honors Theses and Capstones
In recent years, Internet of Things (IoT) devices have exploded on the consumer scene. These emerging products bring new technological capabilities into our everyday lives. IoT is projected to contribute anywhere from $4-11 trillion to the global economy and companies are investing billions of dollars into the technology. However, with the vast amount of data that IoT devices collect, consumers are burdening the risk of having their personal data breached or sold to third parties. This paper first identifies why consumers may be weary or willing towards providing their personal data and how unconscious biases in the purchasing process cause …
Consumer Protection—Exploring Private Causes Of Action For Victims Of Data Breaches, 2019 Western New England University School of Law
Consumer Protection—Exploring Private Causes Of Action For Victims Of Data Breaches, Justin H. Dion, Nicholas M. Smith
Faculty Scholarship
Data breaches are becoming a norm in modern life. Every year it seems that bigger and bigger attacks are launched, and more and more individuals are harmed. The law has responded by increasing states’ ability to prosecute cybercriminals. A glaring hole exists in this protection though. The state is largely an unharmed party. The real harm is done to individual citizens affected by the breaches. Their data is compromised, their identities are stolen, and their livelihoods are placed at risk. This Article will analyze the issue and propose a solution for increased consumer protection in addition to the current criminal …
Privacy's Law Of Design, 2019 New York Law School
Privacy's Law Of Design, Ari Ezra Waldman
Articles & Chapters
Privacy by design is about making privacy part of the conception and development of new data collection tools. But how should we interpret “privacy by design” as a legal mandate? As it transitions from an academic buzzword into binding law, privacy by design will, for the first time, impose real responsibilities on real people to do specific things at specific times. And yet, there remains significant disagreement about what privacy by design actually means in practice: we have yet to define its who, what, when, why, and how. Different approaches to privacy by design have tried to answer those questions …
Artificial Intelligence Is Here, Get Ready!, 2019 The Catholic University of America, Columbus School of Law
Artificial Intelligence Is Here, Get Ready!, Jessica G. Martz
Catholic University Journal of Law and Technology
No one is certain whether Artificial Intelligence (“AI”) will make the future a better place or make it look like an apocalyptic Hollywood blockbuster. An opinion that is emerging among experts and nation-state leaders is that the nation-states that lead in AI advancements and implementation will likely have a greater influence on and power over the world economic and national security stages. The goal of this book review is to encourage the reader to enter the conversation about the role AI will play in global society and American life because AI will influence the job market in the near future. …
Ftc Trends In Consumer Protection, 2019 Loyola University Chicago, School of Law
Ftc Trends In Consumer Protection, Margaret Krawiec, Ivan Schlager, Neepa Mehta, Keyawna Griffith, Lotus Ryan
Loyola Consumer Law Review
No abstract provided.
Sexual Orientation And The Ecoa: A Case For Statutory Protections, 2019 Loyola University Chicago, School of Law
Sexual Orientation And The Ecoa: A Case For Statutory Protections, Andrew Potter
Loyola Consumer Law Review
No abstract provided.
American Usury Law And The Military Lending Act, 2019 Loyola University Chicago, School of Law
American Usury Law And The Military Lending Act, Paul E. Kantwill, Christopher L. Peterson
Loyola Consumer Law Review
No abstract provided.
Helsinn V. Teva: A Big Blow To Small Pharma, 2019 Loyola University Chicago, School of Law
Helsinn V. Teva: A Big Blow To Small Pharma, Anureet Sandhu
Loyola Consumer Law Review
In Helsinn v. Teva, the Supreme Court held that Congress did not alter the meaning of "on sale" when it enacted the LeahySmith America In vents Act and, therefore, an inventor's sale of an invention to a third party who is obligated to keep the invention confidential may qualify as prior art. The Court relied upon precedent which suggested that a sale or offer of sale need not make an invention available to the public to qualify as prior art. Instead, the on-sale bar only required that the invention be the subject of a commercial offer for sale and ready …
Scouring Muddied Waters: Towards Clarifying The Cfpb's "Abusive" Practices, 2019 Loyola University Chicago, School of Law
Scouring Muddied Waters: Towards Clarifying The Cfpb's "Abusive" Practices, Michael R. Faz
Loyola Consumer Law Review
While this Article was pending publication, several events unfolded altering the landscape of the abusive power. As a preliminary note, during the pendency of publication several dispositions changed-either by court order or agreement between the parties. Next, in June 2019, Director Kraninger kicked off the Bureau's symposium series by holding an open forum over the abusive power. The symposium consisted of two panels: one focusing on policy, composed of law professors, and one focusing on practical application, comprised of practicing attorneys in private and government practice. Both panels were intellectually stimulating and presented diverging views. In the policy panel, major …
Consumer Financial Protection Bureau Reverses Course, 2019 Loyola University Chicago, School of Law
Consumer Financial Protection Bureau Reverses Course, Rebecca Garcia
Loyola Consumer Law Review
No abstract provided.
Vehicle Rental Laws: Road Blocks To Evolving Mobility Models?, 2019 Polsinelli
Vehicle Rental Laws: Road Blocks To Evolving Mobility Models?, Wesley D. Hurst, Leslie J. Pujo
Journal of Law and Mobility
The laws and regulations governing mobility are inconsistent and antiquated and should be modernized to encourage innovation as we prepare for an autonomous car future. The National Highway Traffic Safety Administration (“NHTSA”) has concluded that Autonomous Vehicles, or Highly Automated Vehicles (“HAVs”) may “prove to be the greatest personal transportation revolution since the popularization of the personal automobile nearly a century ago.” Preparation for a HAV world is underway as the mobility industry evolves and transforms itself at a remarkable pace. New mobility platforms are becoming more convenient, more automated and more data driven—all of which will facilitate the evolution …
Amazon’S Invincibility: The Effect Of Defective Third-Party Vendors’ Products On Amazon, 2019 University of Georgia School of Law
Amazon’S Invincibility: The Effect Of Defective Third-Party Vendors’ Products On Amazon, Amy E. Shehan
Georgia Law Review
No abstract provided.
Fixing Ever-Ready: Repairing And Standardizing The Traditional Survey Measure Of Consumer Confusion, 2019 Brigham Young University Marriott School of Business
Fixing Ever-Ready: Repairing And Standardizing The Traditional Survey Measure Of Consumer Confusion, Eric D. Derosia
Georgia Law Review
In trademark infringement litigation, courts often rely
on consumer surveys that use the “Ever-Ready” method
to measure consumer confusion. Courts are
understandably careful to scrutinize consumer surveys
for ways in which their methodology might have biased
their results toward the outcome desired by their
proponents. This Article strengthens and improves such
examinations by empirically testing and improving the
Ever-Ready method itself.
The findings of four new empirical studies reported in
this Article indicate the faith placed by the courts in the
Ever-Ready method is somewhat misplaced. Seemingly
subtle variations in the wording of the Ever-Ready
questions have a consistent and …
Antitrust And Consumer Protection, 2019 Texas A&M University School of Law
Antitrust And Consumer Protection, Leslie Sara Hyman, Matthew J. Mcgowan
Student Scholarship
Consumer welfare is the common concern of the antitrust laws, the Texas Deceptive Trade Practices-Consumer Protection Act (DTPA), the Texas Insurance Code (TIC), and various other statutes prohibiting fraudulent conduct in dealing with consumers. Antitrust laws, however, primarily address the misuse of market power to harm consumers, while anti-deception statutes focus on consumer harm brought about through
deception and a litany of other unlawful practices. The antitrust laws and the anti-fraud statutory schemes therefore are best viewed as focusing on complementary aspects of consumer welfare.
This article covers significant developments under federal and Texas antitrust laws and consumer protection laws …
Table Of Contents, 2019 Loyola University Chicago, School of Law
Table Of Contents, Loyola Consumer Law Review
Loyola Consumer Law Review
No abstract provided.
Data-Informed Duties In Ai Development, 2019 University of Maryland Francis King Carey School of Law
Data-Informed Duties In Ai Development, Frank A. Pasquale
Faculty Scholarship
Law should help direct—and not merely constrain—the development of artificial intelligence (AI). One path to influence is the development of standards of care both supplemented and informed by rigorous regulatory guidance. Such standards are particularly important given the potential for inaccurate and inappropriate data to contaminate machine learning. Firms relying on faulty data can be required to compensate those harmed by that data use—and should be subject to punitive damages when such use is repeated or willful. Regulatory standards for data collection, analysis, use, and stewardship can inform and complement generalist judges. Such regulation will not only provide guidance to …
Influencing The Ftc To Update Disclosure Rules For The Social Media Era, 2019 Mitchell Hamline School of Law
Influencing The Ftc To Update Disclosure Rules For The Social Media Era, Elizabeth A. Casale
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
The Good, The Bad, And The Ugly Of Online Reviews: The Trouble With Trolls And A Role For Contract Law After The Consumer Review Fairness Act, 2019 Texas A&M University School of Law
The Good, The Bad, And The Ugly Of Online Reviews: The Trouble With Trolls And A Role For Contract Law After The Consumer Review Fairness Act, Wayne R. Barnes
Georgia Law Review
The advent of the internet has brought innumerable
innovations to our lives. Among the innovations is the
meteoric rise in the volume of e-commerce conducted on
the internet. Correspondingly, consumer-posted
information about merchants, goods, and services has
also become a rich source of information for consumers
researching a purchase online. This information takes
many forms, but a major category is the narrative review
describing the purchase and experience. Such reviews
are posted on websites such as Yelp, Amazon, and
TripAdvisor, on apps, and on social media such as
Facebook and Twitter. The amount and volume of
reviews has exploded in …
Comparative Warranty Law: Case Of Planned Obsolescence, 2019 University of Florida Levin College of Law
Comparative Warranty Law: Case Of Planned Obsolescence, Stefan Wrbka, Larry A. Dimatteo
UF Law Faculty Publications
The cause of our present stagnation is that the supply line or arteries furnishing the needs of the country are clogged with obsolete, outworn and outmoded machinery, buildings and commodities of all kinds. These are obstructing the avenues of commerce and industry and are preventing new products from coming through. There is little demand for new goods when people make their old and worn-out things do, by keeping them longer than they should.