The Admissibility Of Sampling Evidence To Prove Individual Damages In Class Actions, 2018 Harvard Institute for Quantitative Social Science
The Admissibility Of Sampling Evidence To Prove Individual Damages In Class Actions, Hillel J. Bavli, John Kenneth Felter
Boston College Law Review
The 2016 Supreme Court decision in Tyson Foods, Inc. v. Bouaphakeo revived the use of “representative” or sampling evidence in class actions. Federal courts are now more receptive to class plaintiffs’ efforts to prove classwide liability and, occasionally, aggregate damages, with sampling evidence. However, federal courts still routinely deny motions for class certification because they find that calculations of class members’ individual damages defeat the predominance prerequisite of Rule 23(b)(3). As a result, meritorious classwide claims founder. In this paper, we combine legal and statistical analyses and propose a novel solution to this dilemma that adheres to the ...
Commodifying Consumer Data In The Era Of The Internet Of Things, 2018 New York Law School
Commodifying Consumer Data In The Era Of The Internet Of Things, Stacy-Ann Elvy
Boston College Law Review
Internet of Things (“IoT”) products generate a wealth of data about consumers that was never before widely and easily accessible to companies. Examples include biometric and health-related data, such as fingerprint patterns, heart rates, and calories burned. This Article explores the connection between the types of data generated by the IoT and the financial frameworks of Article 9 of the Uniform Commercial Code and the Bankruptcy Code. It critiques these regimes, which enable the commodification of consumer data, as well as laws aimed at protecting consumer data, such as the Bankruptcy Abuse Prevention and Consumer Protection Act, various state biometric ...
By Reading This Title, You Have Agreed To Our Terms Of Service, 2018 Texas A&M University School of Law
By Reading This Title, You Have Agreed To Our Terms Of Service, Brian Larson
How Commonsense Consumption Acts Are Preventing “Big Food” Litigation, 2018 Seattle University School of Law
How Commonsense Consumption Acts Are Preventing “Big Food” Litigation, Grace Thompson
Seattle University Law Review
This Note takes a critical look at Commonsense Consumption Acts and how they are detrimental to the possibility of “Big Food” litigation. The tobacco industry was held accountable through the effective use of tort litigation (commonly referred to as “Big Tobacco” litigation), and the food industry could theoretically be held similarly accountable, but CCAs are preventing the possibility of similar reform. Therefore, in order for health reform to be as effective as tobacco reform, CCAs must be repealed in the states where they exist. Part I of this Note discusses why the food industry needs tort reform. Specifically, it argues ...
Don’T Let The Bed Bugs Bill: Landlord Liability For Bed Bug Infestations In Georgia, 2018 Georgia State University College of Law
Don’T Let The Bed Bugs Bill: Landlord Liability For Bed Bug Infestations In Georgia, Megan M. Harrison
Georgia State University Law Review
Although the historical relationship between bed bugs and humans dates back to ancient Egypt, the common bed bug, or Cimex lectularius, vanished from the beds of Americans around World War II. In the late 1990s, however, our bloodsucking bedfellows returned. Bed bug infestations are a growing public health issue. Bed bugs are now found in all fifty states, with populations in five states reaching epidemic levels. Both the Environmental Protection Agency (EPA) and the Center for Disease Control and Prevention(CDC) consider bed bugs a “pest of significant public health importance."
Despite their name, bed bugs are not limited to ...
Not So Good: The Classification Of “Smart Goods” Under Ucc Article 2, 2018 Georgia State University College of Law
Not So Good: The Classification Of “Smart Goods” Under Ucc Article 2, Chadwick L. Williams
Georgia State University Law Review
Refrigerators can now tweet. Today, almost sixty years after the states widely adopted the Uniform Commercial Code (UCC), the line between goods and services is more blurred than ever. When the UCC was drafted, a good was the simple opposite of a service. A good was something “movable” and tangible, and a service was not. Article 2 of the UCC, which governs sales, limits its scope to goods.
However, because Article 2 was drafted long before the proliferation of so-called “smart goods,” courts continuously struggle to determine when a smart good falls within Article 2’s scope. Courts have developed ...
Dawn Of The Debt: The Increasing Problem Of Creditors Infecting The Discharge Injunction With Zombie Debt, 2018 University of Maine School of Law
Dawn Of The Debt: The Increasing Problem Of Creditors Infecting The Discharge Injunction With Zombie Debt, Micah A. Smart
Maine Law Review
The discharge injunction is an integral aspect of the “fresh start” that bankruptcy affords to many debtors. But there has been a growing threat to the viability of the bankruptcy discharge: zombie debt! Just when honest but unfortunate debtors think they have finally laid their overdue financial obligations to rest and moved on with their lives, zombie debt comes back to life in form of outdated and misleading credit reports that some debt collectors have been using to coerce payment on debts that should have died years prior. This Article discusses the motivation behind these questionable collection tactics and potential ...
Brief Of Amici Curiae Consumer Financial Regulation Scholars In Support Of Plaintiff-Appellant, English V. Trump, No. 18-5007 (D.C. Cir.), Patricia A. Mccoy
Boston College Law School Faculty Papers
No abstract provided.
Brief Of Amici Curiae Finance Regulation Scholars In Support Of Plaintiff's Motion For A Preliminary Injunction In English V. Trump, Patricia A. Mccoy
Patricia A. McCoy
Professor McCoy was the lead author of an amicus brief in support of the lawsuit by CFPB Deputy Director Leandra English against the Trump Administration, asserting that she lawfully became the Acting Director of the Consumer Financial Protection Bureau under the Dodd-Frank Act.
Overcoming The Achilles' Heel Of Consumer Protection: Limiting Mandatory Arbitration Clauses In Consumer Contracts, 2018 Maurice A. Deane School of Law at Hofstra University
Overcoming The Achilles' Heel Of Consumer Protection: Limiting Mandatory Arbitration Clauses In Consumer Contracts, Mindy R. Hollander
Hofstra Law Review
No abstract provided.
Soda Taxes As A Legal And Social Movement, 2018 Northwestern Pritzker School of Law
Soda Taxes As A Legal And Social Movement, David A. Dana, Janice Nadler
Northwestern Journal of Law & Social Policy
No abstract provided.
The Impact Of Regulatory Measures Imposed On Initial Coin Offerings In The United States Market Economy, 2018 Catholic University of America Columbus School of Law
The Impact Of Regulatory Measures Imposed On Initial Coin Offerings In The United States Market Economy, Joseph D. Moran
Catholic University Journal of Law and Technology
With the surge of technological advances across the financial market landscape, companies have implemented new ways of raising money that have sparked controversy among investors, legal practitioners, banks, and government regulators. This comment examines the technology behind Initial Coin Offerings (ICOs), and discusses the impact they have had on financial markets in the United States and across the globe. This comment also addresses the legal ramifications for companies issuing ICOs, and delves into the benefits of using blockchain technology as a means for transferring digital currencies and making business transactions. This comment further gives examples of current and potential regulations ...
The Parity Principle, 2018 University of Richmond
The Parity Principle, Luke P. Norris
Law Faculty Publications
The Supreme Court has interpreted the Federal Arbitration Act of 1925 (FAA) in a broad way that has allowed firms to widely privatize disputes with workers and consumers. The resulting expansive growth of American arbitration law has left commentators both concerned about the structural inequalities that permeate the regime and in search of an effective limiting principle. This Article develops such a limiting principle from the text and history of the FAA itself. The Article reinterprets the text and history of section 1 of the statute, which, correctly read, excludes individual employee-employer disputes from the statute’s coverage. The Article ...
The Financial Counseling Industry: Past, Present, And Policy Recommendations, 2018 Saint Louis University School of Law
The Financial Counseling Industry: Past, Present, And Policy Recommendations, David A. Lander
All Faculty Scholarship
Financial counseling plays an important role for low- and moderate-income Americans and deserves more attention from leaders in the field. As financial counseling has evolved, the providers have been challenged to find a model that is both borrower centered and sustainable. This article provides a diagnosis of the failures and challenges in the financial counseling field, as well as a discussion of steps through which the providers could optimally serve families in need. These steps include (a) enhanced funding of the industry as a result of a recognition by financial stakeholders that it would be beneficial for them if the ...
Sexual Privacy, 2018 University of Maryland School of Law
Sexual Privacy, Danielle Keats Citron
Those who wish to expose, control, and distort the identities of women, minorities, and minors routinely do so by invading their privacy. People are secretly recorded in bedrooms and public bathrooms, and “up their skirts.” Victims are coerced into sharing nude photographs and filming sex acts under the threat of public disclosure. People’s nude images are posted online without permission. Machine-learning technology is used to create digitally manipulated “deep sex fake” videos that swap people’s faces into pornography.
At the heart of these abuses is an invasion of sexual privacy—the specific set of identity-enabling and equality-protecting rules ...
Trademark's Judicial De-Evolution: Why Courts Get Trademark Cases Wrong Repeatedly, 2018 Texas A&M University School of Law
Trademark's Judicial De-Evolution: Why Courts Get Trademark Cases Wrong Repeatedly, Glynn Lunney
Trademark law has de-evolved. It has transitioned from an efficient mechanism for ensuring competition into an inefficient regime for capturing economic rents. In this Article, I focus on the role that party self-interest has played in biasing the evolution of trademark law. This self-interest tends to lead parties to (1) challenge efficient legal rules and seek to replace them with inefficient, anticompetitive rules, and (2) accede to inefficient, anticompetitive rules once they are in place. Almost by definition, when a rule of trademark law promotes competition, it reduces the market surplus or rents that current producers capture. As a result ...
License To Bill: The Validity Of Coupling Automatic Subscription Renewals With Free Trial Offers By Online Services, Koren Grinshpoon
Fordham Intellectual Property, Media and Entertainment Law Journal
Access To Consumer Bankruptcy, 2018 Indiana University Maurer School of Law
Access To Consumer Bankruptcy, Pamela Foohey
Articles by Maurer Faculty
This essay examines the state of access to justice in the context of consumer bankruptcy from two vantage points: (1) how people decide that their money problems are legal problems addressable by filing bankruptcy; and (2) the barriers people face in using the consumer bankruptcy system. To shed new light on how people decide to use bankruptcy to address their financial troubles, I analyze a sample of narratives accompanying consumers' complaints about financial products and services submitted to the Consumer Financial Protection Bureau. I also chronicle the evolution of research regarding consumer bankruptcy’s “local legal culture,” systemic racial bias ...
The Risk Of An Anti-Consumer Cfpb, 2017 S.J. Quinney College of Law, University of Utah
The Risk Of An Anti-Consumer Cfpb, Christopher L. Peterson
Utah Law Faculty Scholarship
The risks of an anti-consumer CFPB go beyond just those cases currently under investigation. America has a massive financial sector that is constantly evolving and reinventing itself. This striving for innovation and efficiency is, of course, one of the American financial system’s great advantages. Nevertheless, the Sun-Tzu-worshipping, MBA-wielding financiers that use boilerplate consumer credit contracts as weapons in their endless market-share battles are paying attention to what the agency is doing—and more importantly, to what it is not doing. A chilled CFPB law enforcement program will embolden the consumer finance industry to roll out more misleading advertising, more ...
Rethinking Article Iii Standing In Class Action Consumer Protection Cases Following Spokeo V. Robins, 2017 University of Miami Law School
Rethinking Article Iii Standing In Class Action Consumer Protection Cases Following Spokeo V. Robins, Joshua Scott Olin
University of Miami Business Law Review
The Supreme Court recently handed down the landmark decision of Spokeo, Inc. v. Robins, holding that a “bare procedural violation” of a federal consumer protection statute—namely, the Fair Credit Reporting Act—was not enough to satisfy Article III standing because the injury alleged was particularized but not concrete. After Spokeo, those wishing to bring suit based on consumer protection statutes will have a much more difficult time showing that the injury suffered was “concrete” enough to confer Article III standing and, as a result, the term “consumer protection” will be rendered meaningless. Unless the Supreme Court revisits the issue ...