Self-Driving Cars: Autonomous Technology That Needs A Designated Duty Passenger, 2017 Barry University School of Law
Self-Driving Cars: Autonomous Technology That Needs A Designated Duty Passenger, Michelle L.D. Hanlon
Barry Law Review
No abstract provided.
Footing The Bill For Natural Gas Leaks: Why States Should Limit Cost Recovery Of Lost And Unaccounted For Gas, 2017 Boston College Law School
Footing The Bill For Natural Gas Leaks: Why States Should Limit Cost Recovery Of Lost And Unaccounted For Gas, Liam Holland
Boston College Law Review
State statutes prohibit unjust or unreasonable natural gas utility rates. Public Utility Commissions (“PUCs”) administer these state laws and permit gas distribution companies to recover natural gas commodity costs related to lost and unaccounted for gas from customers through “purchased gas adjustment clauses.” In most of those states, PUCs permit "total recovery" of all lost and unaccounted for gas costs via these clauses using periodic rate adjustments. A small number of PUCs have reformed purchase gas adjustment clauses in order to incentivize gas distribution companies to reduce lost and unaccounted for gas. This Note advocates for all state public utility ...
Standing In The Future: The Case For A Substantial Risk Theory Of "Injury-In-Fact" In Consumer Data Breach Class Actions, 2017 Boston College Law School
Standing In The Future: The Case For A Substantial Risk Theory Of "Injury-In-Fact" In Consumer Data Breach Class Actions, Nicholas Green
Boston College Law Review
The increasing digitalization of our personal and professional lives has generated corresponding growth in the amount of electronically stored private information in the hands of third parties. That private information is at risk of theft, loss, or manipulation. Employers that hold employee tax information and merchants that hold significant troves of consumer credit card data are particularly attractive targets. When hackers strike, victims often band together in federal class actions, naming the custodians of their private data as defendants. More and more, however, district courts are dismissing these class action claims at the doorstep for lack of Article III standing ...
Rethinking Children's Advertising Policies For The Digital Age, 2017 Georgetown University Law Center
Rethinking Children's Advertising Policies For The Digital Age, Angela J. Campbell
Georgetown Law Faculty Publications and Other Works
This article describes major changes in how video content and advertising is delivered to consumers. Digital technologies such as broadband allow consumers to stream or download programming. Smart phones and tablets allow consumers to view screen content virtually anywhere at any time. Advertising has become personalized and integrated with other content.
Despite these major changes in the media markets, the framework for regulating advertising to children has not changed very much since the 1990s. This article argues that the existing regulatory framework must be reinvented to protect children in the digital age. It uses Google’s recently introduced YouTube Kids ...
2015-2016 Legislative Summary, 2017 Golden Gate University School of Law
2015-2016 Legislative Summary, Assembly Committee On Privacy And Consumer Protection
No abstract provided.
Consumer-Iot: Where Every Thing Collides Promoting Consumer Internet Of Things Protection In Australia., Kate Mathews-Hunt
The ‘smart’(ly) disruptive world of the consumer internet of things (CIOT) is here. Australian consumers are poised to live in ‘smart’ homes, monitor their ‘smart’ selves and ride in ever- ‘smart’er cars, while smart(er) cities, transport and industrial IOT brilliance changes their world, and the world around them, irretrievably. This thesis both celebrates and exposes this radical, impending CIOT-driven disruption in all its consumer-abusive, privacy-intrusive glory. It posits that consumers and regulators do not yet understand the adverse implications of this new panopticon technology which surveys everything and blurs traditional understandings of human autonomy and privacy, nor ...
Blocking Ad Blockers, 16 J. Marshall Rev. Intell. Prop. L. 272 (2017), 2017 John Marshall Law School
Blocking Ad Blockers, 16 J. Marshall Rev. Intell. Prop. L. 272 (2017), Tyler Barbacovi
The John Marshall Review of Intellectual Property Law
The prevalence of ad blocking software (software that prevents the loading of web based advertisements) is a growing problem for website owners and content creators who rely on advertising revenue to earn money. While the number of ad block users continues to increase, there has thus far been no significant legal challenge to ad blocking in the United States. This comment examines how a website owner, through a combination of technological improvements and the anti-circumvention provisions of the Digital Millennium Copyright Act, could successfully raise a legal challenge against the purveyors of ad blocking software.
Plain Tobacco Packaging’S Impact On International Trade And The Family Smoking Prevention And Tobacco Control Act In The U.S. And Drafting Suggestions, 2017 Washington University School of Law
Plain Tobacco Packaging’S Impact On International Trade And The Family Smoking Prevention And Tobacco Control Act In The U.S. And Drafting Suggestions, Sunil S. Gu
Washington University Global Studies Law Review
Despite its legal status, tobacco products, due to the potential harmful effects on health, have never been free from various governmental regulations. However, it was easier said than done to regulate them as governments wished, and in fact there were numerous failed attempts. Thus, governments tried to come up with a better and more effective regulation that will reduce the tobacco consumption thereby promoting public health, under the name of public health of their citizens. And plain tobacco packaging measures are the latest solution suggested.
The introduction of the plain tobacco measures has stirred huge controversy (understandably so), since it ...
Privacy, Poverty, And Big Data: A Matrix Of Vulnerabilities For Poor Americans, 2017 Data & Society Research Institute
Privacy, Poverty, And Big Data: A Matrix Of Vulnerabilities For Poor Americans, Mary Madden, Michele Gilman, Karen Levy, Alice Marwick
Washington University Law Review
This Article examines the matrix of vulnerabilities that low-income people face as a result of the collection and aggregation of big data and the application of predictive analytics. On one hand, big data systems could reverse growing economic inequality by expanding access to opportunities for low-income people. On the other hand, big data could widen economic gaps by making it possible to prey on low-income people or to exclude them from opportunities due to biases entrenched in algorithmic decision-making tools. New kinds of “networked privacy” harms, in which users are simultaneously held liable for their own behavior and the actions ...
Abuse Of The Hatch-Waxman Act: Mylan's Ability To Monopolize Reflects Weaknesses, 2017 Brooklyn Law School
Abuse Of The Hatch-Waxman Act: Mylan's Ability To Monopolize Reflects Weaknesses, Kieran Meagher
Brooklyn Journal of Corporate, Financial & Commercial Law
The Drug Price Competition and Patent Term Restoration Act of 1984, better known as the Hatch-Waxman Act, is intended to lower the average price paid by consumers for prescription drugs. The Hatch-Waxman Act attempts to do so by simplifying the application process for generic drug manufacturers, allowing generic drug applications to circumvent the lengthy FDA testing and approval process that brand-name manufacturers must undergo. Though the Hatch-Waxman Act has successfully created a clear path to the market for generic drugs, it contains loopholes that allow brand name and generic companies to engage in practices aimed at maximizing monopoly profits, effectively ...
Calling On The Cfpb For Help: Telling Stories And Consumer Protection, 2017 Indiana University Maurer School of Law
Calling On The Cfpb For Help: Telling Stories And Consumer Protection, Pamela Foohey
Articles by Maurer Faculty
Since it began operating in 2011, the Consumer Financial Protection Bureau (CFPB) has handled more than a million complaints regarding consumer financial product and services. Beginning in June 2015, the CFPB began publishing consumers’ narratives submitted with their complaints. This Article analyses a random sample of 5,000 of these narratives to assess how people engage with the complaint mechanism in light of the CFPB’s role in processing complaints. I find that people predominately use the complaint function for two distinct purposes: to express their anger and frustration about companies’ practices, or to express sadness and fear about how ...
Using Data Exclusivity Grants To Incentivize Cumulative Innovation Of Biologics' Manufacturing Processes, 2017 American University Washington College of Law
Using Data Exclusivity Grants To Incentivize Cumulative Innovation Of Biologics' Manufacturing Processes, Eric Lawrence Levi
American University Law Review
No abstract provided.
Fetishizing Copies, 2017 University of Michigan Law School
Fetishizing Copies, Jessica Litman
Our copyright laws encourage authors to create new works and communicate them to the public, because we hope that people will read the books, listen to the music, see the art, watch the films, run the software, and build and inhabit the buildings. That is the way that copyright promotes the Progress of Science. Recently, that not-very-controversial principle has collided with copyright owners’ conviction that they should be able to control, or at least collect royalties from, all uses of their works. A particularly ill-considered manifestation of this conviction is what I have decided to call copy-fetish. This is the ...
Consumer Financial Protection In Health Care, 2017 Georgia State University College of Law
Consumer Financial Protection In Health Care, Erin C. Fuse Brown
Faculty Publications By Year
There are inadequate consumer protections from harmful medical billing practices that result in unavoidable, unexpected, and often financially devastating medical bills. The problem stems from the increasing costs shifting to patients in American health care and the inordinate complexity that makes health care transactions nearly impossible for consumers to navigate. A particularly outrageous example is the phenomenon of surprise medical bills, which refers to unanticipated and involuntary out-of-network bills in emergencies or from out-of-network providers at in-network facilities. Other damaging medical billing practices include the opaque and à la carte nature of medical bills, epitomized by added “facility fees,” as ...
Mandated Ethical Hacking—A Repackaged Solution, 2017 University of Richmond
Mandated Ethical Hacking—A Repackaged Solution, Corinne Moini
Law Student Publications
Hacking to prove a point or to expose technological vulnerabilities has been around since the 1960s, but it has been labeled and packaged differently as “white hacking” or “ethical hacking.” This article suggests that smart toy manufacturers, such as Mattel and VTech, should be subject to required vulnerability testing which utilizes ethical hacking under the Consumer Product Safety Improvement Act (“CPSIA”). More specifically, this article proposes to amend the Toy Safety Standard, ASTMF- 963-11, to include smart toys connected to the internet. The CPSIA and Consumer Product Safety Commission (“CPSC”) impose safety testing on all toys intended for use by ...
The Food We Eat And The People Who Feed Us, 2017 UC Irvine School of Law
The Food We Eat And The People Who Feed Us, Stephen Lee
Washington University Law Review
Food justice scholars and advocates have made a simple but important point: for all the attention we pay to the food we eat, we pay far too little attention to the people who feed us. But can law play a role in directing consumer attention to labor-related issues? Traditional food law paradigms provide at best incidental benefits to food workers because these types of laws typically rely on transparency and disclosure schemes that serve narrow consumer-centric interests. An increasing number of laws attempt to disseminate information about the working conditions of the people who pick, process, and produce our food ...
"No Money Down" Bankruptcy, 2017 Indiana University Maurer School of Law
"No Money Down" Bankruptcy, Pamela Foohey, Robert M. Lawless, Katherine Porter, Deborah Thorne
Articles by Maurer Faculty
This Article reports on a breakdown in access to justice in bankruptcy, a system from which one million Americans will seek help this year. A crucial decision for these consumers will be whether to file a chapter 7 or chapter 13 bankruptcy. Nearly every aspect of their bankruptcies — both the benefits and the burdens of debt relief — will be different in chapter 7 versus chapter 13. Almost all consumers will hire a bankruptcy attorney. Because they must pay their attorneys, many consumers will file chapter 13 to finance their access to the law, rather than because they prefer the law ...
The Perverse Consequences Of Disclosing Standard Terms, 2017 University of Pennsylvania Law School
The Perverse Consequences Of Disclosing Standard Terms, Tess Wilkinson-Ryan
Although assent is the doctrinal and theoretical hallmark of contract, its relevance for form contracts has been drastically undermined by the overwhelming evidence that no one reads standard terms. Until now, most political and academic discussions of this phenomenon have acknowledged the truth of universally unread contracts, but have assumed that even unread terms are at best potentially helpful, and at worst harmless. This Article makes the empirical case that unread terms are not a neutral part of American commerce; instead, the mere fact of fine print inhibits reasonable challenges to unfair deals. The experimental study reported here tests the ...
Consumer Credit In America: Past, Present, And Future, 2017 Indiana University Maurer School of Law
Consumer Credit In America: Past, Present, And Future, Pamela Foohey, Jim Hawkins, Creola Johnson, Nathalie Martin
Articles by Maurer Faculty
In September 2016, in conjunction with Law & Contemporary Problems at Duke University School of Law, we organized a symposium on Consumer Credit in America. We sought to assess the state of consumer credit in America — to review and examine its recent history, to consider arguments for and against regulation, and to discuss the potential for future innovation. This is the introduction to the volume of articles coming out of that symposium.
The Corporate Exploitation Of Fundamental Rights: A Nation Of Arbitration, 2017 Claremont McKenna College
The Corporate Exploitation Of Fundamental Rights: A Nation Of Arbitration, Melanie A. Carlson
CMC Senior Theses
This thesis is an in-depth discussion and analysis of the alternative dispute resolution process of arbitration in the United States. It begins by providing a basic explanatory overview of arbitration clauses and the arbitration process. It then goes on to highlight the various benefits over traditional court litigation that arbitration has to offer. From there, the paper presents a detailed discussion of the many shortcomings of the arbitration process. It identifies the overall lack of procedural fairness that exists in arbitration today due to the fact that arbitration currently tends to favor businesses over consumers and workers during dispute settlements ...