The Death Of Private Practice: How The Rising Cost Of Healthcare Is Destroying Physician Autonomy, 2017 Brooklyn Law School
The Death Of Private Practice: How The Rising Cost Of Healthcare Is Destroying Physician Autonomy, Oliver Owaid
Brooklyn Journal of Corporate, Financial & Commercial Law
Over the past two decades, the number of physicians in private practice has dropped dramatically. This trend is the result of the financial pressure imposed by the federal government in response to the skyrocketing cost of healthcare. Physicians, frustrated by stagnant reimbursement rates in conjunction with increased administrative costs and overhead, are choosing hospital staff employment in favor of private practice. This trend is to the detriment of the physician, the taxpayers, and, most importantly, the patients. Patients treated in hospital outpatient settings have worse outcomes than those treated in private practice. In addition, hospital procedures cost both the government ...
Disruptive Platforms, 2017 University of Colorado Law School
Disruptive Platforms, Margot Kaminski
No abstract provided.
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.
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.
Financial Reform: Making The System Safer And Fairer, 2017 University of Michigan Law School
Financial Reform: Making The System Safer And Fairer, Michael S. Barr
In the fall of 2008, the financial crisis crushed the U.S. economy and plunged the country into the Great Recession. The crisis shuttered American businesses, cost millions of Americans their jobs, and wiped out home values and household savings. The macro effects hit hardest and were the longest lasting for those least able to bear the brunt of the crisis. It was devastating to middle-income families and perhaps even more so to low- and moderate-income households, who had little financial buffer (Barr 2012a). Financial stability, never robust for these families, dropped precipitously (Barr and Schaffa 2016). Both in the ...
The Future Is Mobile: Financial Inclusion And Technological Innovation In The Developing World, 2017 Golden Gate University School of Law
The Future Is Mobile: Financial Inclusion And Technological Innovation In The Developing World, Eleanor Lumsden
The digital revolution is in full bloom and technology is being used to solve the world’s most challenging problems, yet traditional banking excludes many of the world’s poorest from taking advantage of the full fruits of the financial system. Especially in developing countries, implementing mobile financial systems can speed financial inclusion and spur economic growth. There is space for regulatory reform that addresses concerns with data security and consumer privacy yet does not stifle innovation. Throughout history, resistance to innovation has generally proved futile, and countries that refuse to change risk missing opportunities.
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 ...
Regulating A Revolution: From Regulatory Sandboxes To Smart Regulation, 2017 Faculty of Law, Economics and Finance, University of Luxembourg
Regulating A Revolution: From Regulatory Sandboxes To Smart Regulation, Dirk A. Zetzsche, Ross P. Buckley, Janos N. Barberis, Douglas W. Arner
Fordham Journal of Corporate & Financial Law
Prior to the global financial crisis, financial innovation was viewed very positively, resulting in a laissez-faire, deregulatory approach to financial regulation. Since the crisis the regulatory pendulum has swung to the other extreme. Post-crisis regulation, plus rapid technological change, have spurred the development of financial technology (FinTech). FinTech firms and data-driven financial service providers profoundly challenge the current regulatory paradigm. Financial regulators increasingly seek to balance the traditional regulatory objectives of financial stability and consumer protection with promoting growth and innovation. The resulting regulatory innovations include RegTech, regulatory sandboxes, and special charters. This Article analyzes possible new regulatory approaches, ranging ...
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 ...
The Raising Rivals' Cost Foreclosure Paradigm, Conditional Pricing Practices, And The Flawed Incremental Price-Cost Test, 2017 Georgetown University Law Center
The Raising Rivals' Cost Foreclosure Paradigm, Conditional Pricing Practices, And The Flawed Incremental Price-Cost Test, Steven C. Salop
Georgetown Law Faculty Publications and Other Works
There are two overarching legal paradigms for analyzing exclusionary conduct in antitrust – predatory pricing and the raising rivals’ costs characterization of foreclosure. Sometimes the choice of paradigm is obvious. Other times, it may depend on the structure of the plaintiff’s allegations. Some types of conduct, notably conditional pricing practices (CPPs), might appear by analogy to fit into both paradigms. CPPs involve pricing that is conditioned on exclusivity or some other type of favoritism in a customer’s purchases or input supplier’s sales. The predatory pricing paradigm would attack the low prices of CPPs. By contrast, the RRC foreclosure ...
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 ...
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 ...
Wearables And Personal Health Data: Putting A Premium On Your Privacy, 2017 Brooklyn Law School
Wearables And Personal Health Data: Putting A Premium On Your Privacy, Alexandra Troiano
Brooklyn Law Review
Recently, insurance companies have gained greater insight into their policyholders’ health habits by incentivizing them to take steps towards a healthier lifestyle through the use of wearable devices. This note addresses the recent trend of insurance companies that offer discounts to policyholders who use Fitbits, or other wearable wristbands, to track and report health information. At first glance, this idea seems like a win-win for insurance companies and policyholders–insurance companies can reduce risk by encouraging healthier habits for their policyholders, and policyholders receive discounts on their health insurance. Despite this synergy, however, this type of program threatens personal privacy ...
Forced Arbitration’S Lethal Consequence, 2017 New York Law School
Forced Arbitration’S Lethal Consequence, Joanne Doroshow
No abstract provided.
Blocking The Courts: The Trump Triple Threat, 2017 New York Law School
Blocking The Courts: The Trump Triple Threat, Joanne Doroshow
No abstract provided.
Hybrid Transactions And The Internet Of Things: Goods, Services, Or Software?, 2017 New York Law School
Hybrid Transactions And The Internet Of Things: Goods, Services, Or Software?, Stacy-Ann Elvy
Articles & Chapters
The Internet of Things (IOT) has been described by the American Bar Association as "one of the fastest emerging," potentially most "transformative and disruptive technological developments" in recent years. Thesecurity risks posed by the IOT are immense and Article 2 of the UCC should play a central role in determinations regarding liability for vulnerable IOT products. However, the lack of explicit clarity in the UCC on how to evaluate Article 2's applicability to hybrid transactions that involve the provision of goods, services, and software has led to conflicting case law on this issue, which contradicts the UCC's stated ...
Why Intra-Brand Dealer Competition Is Irrelevant To The Price Effects Of Tesla's Vertical Integration, 2017 University of Michigan Law School
Why Intra-Brand Dealer Competition Is Irrelevant To The Price Effects Of Tesla's Vertical Integration, Daniel A. Crane
"In recent years, Tesla Motors (recently renamed Tesla) has been engaged in a state-by-state ground way for the right to distribute it’s all-electric vehicles directly to consumers. The car dealers' lobby, with the political backing of General Motors, has fiercely battled back, relying on decades-old state dealer protection laws to argue that Tesla is legally bound to distribute through franchised dealers. Through a combination of favorable state legislative and judicial decisions, Tesla has won the right to distribute directly in many states, but remains categorically barred from direct distribution in important states like Michigan and Texas--and hence all direct ...
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 ...
"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 Personalization Puzzle, 2017 Washington University School of Law
The Personalization Puzzle, Brittainy Cavender
Washington University Jurisprudence Review
Complex algorithms determine users’ search results and the content of their social media accounts. These algorithms often use machine learning and artificial intelligence, making it impossible to predict their output. Increasingly, these algorithms have been employed to personalize users’ online experiences. Google and Facebook use these algorithms to analyze users’ likes, clicks, search history, location, and other information to determine which articles, websites, and posts to include in search results and newsfeeds. Often users are completely unaware of the algorithms operating beneath the surface, controlling the information they receive. This lack of transparency makes it difficult for users to access ...