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Articles 1 - 16 of 16
Full-Text Articles in Law
The Unexamined Life In The Era Of Big Data: Toward A Udaap For Data, Sean Brian
The Unexamined Life In The Era Of Big Data: Toward A Udaap For Data, Sean Brian
Sean Brian
No abstract provided.
Target, Negligence, Chips, And Chickens, Jesse D. Gossett
Target, Negligence, Chips, And Chickens, Jesse D. Gossett
Jesse D Gossett
SHOPPING ON BLACK FRIDAY. It’s almost as American as baseball and apple pie. But during the 2013 holiday season, over forty million U.S. citizens experienced what is increasingly becoming a uniquely American problem: face-to-face (“FTF”) credit card fraud. This online article briefly explores the problems of data hacking and credit card fraud. It then looks at how European countries have largely avoided the problem and what American consumers can do to minimize the problem here.
The Troubled State Of America's Nursing Homes, Albert Moran
The Troubled State Of America's Nursing Homes, Albert Moran
Albert Moran
Even the most cursory search of news coverage involving nursing homes reveals that horror stories are not difficult to come by. Although the grisly details of each individual horror story vary, most of them share the same general story line—through some combination of gross negligence and profound systemic failure, elderly citizens can experience disturbing conditions in nursing homes that result in suffering and sometimes death. While egregious stories make local news headlines every so often and prompt a brief firestorm of public criticism, the everyday reality of nursing homes is much less sensationalized, and arguably even more sobering. Statistics indicate …
The Future Of The Private Label Securities Market, David J. Reiss
The Future Of The Private Label Securities Market, David J. Reiss
David J Reiss
The PLS market, like all markets, cycles from greed to fear, from boom to bust. The mortgage market is still in the fear part of the cycle and recent government interventions in it have, undoubtedly, added to that fear. In recent days, there has been a lot of industry pushback against the government’s approach, including threats to pull out of various sectors. But the government should not chart its course based on today’s news reports. Rather, it should identify fundamentals and stick to them. In particular, its regulatory approach should reflect an attempt to align incentives of market actors with …
O Dano Psíquico Nas Relações Civis E De Consumo, Lucas Abreu Barroso, Eini Rovena Dias
O Dano Psíquico Nas Relações Civis E De Consumo, Lucas Abreu Barroso, Eini Rovena Dias
Lucas Abreu Barroso
Socio-economic practices and hyper-consumption stimulate the creation of new types of damage. The demand for full protection of the human person increases proportionally in civil and consumer relationships. But the role that falls to tort law does not find - in the legal dogmatics - adequate tools to face such a challenge. The scenario is even worse with respect to non-material damages. With their identification as moral damages, the recognition of other categories of damages in Brazilian law such as psychic damages, based on the protection of psychophysical integrity of the victim, is prevented.
Comentarios Al Proyecto Sobre Justicia En Las Relaciones De Consumo, Gabriel Martinez Medrano
Comentarios Al Proyecto Sobre Justicia En Las Relaciones De Consumo, Gabriel Martinez Medrano
Gabriel Martinez Medrano
Comentario al Proyecto del P.E. Argentino sobre Justicia para las relaciones de Consumo (menor cuantía). Visión positiva del proyecto con algunas indicaciones prácticas.
The Price Of Crisis: Eminent Domain, Local Governments, And The Value Of Underwater Mortgages, Raymond H. Brescia, Nicholas Martin
The Price Of Crisis: Eminent Domain, Local Governments, And The Value Of Underwater Mortgages, Raymond H. Brescia, Nicholas Martin
Raymond H Brescia
In response to the lingering fallout from the Financial Crisis of 2008, local governments have begun to explore whether it is wise and legal to use the power of eminent domain to seize distressed home mortgages. This Article attempts to situate this approach to such mortgages within the larger economic, legal and policy context and asks three key questions. First, are local governments appropriate actors to address the lingering problem of underwater mortgages? Second, assuming they are appropriate actors to address this problem, how should localities and, if necessary, courts, value underwater mortgages in the context of condemnation proceedings: i.e., …
Armed, Unarmed Or Harmed By Knowledge? A Comment On The Fha's Housing Counseling Pilot Program, David J. Reiss
Armed, Unarmed Or Harmed By Knowledge? A Comment On The Fha's Housing Counseling Pilot Program, David J. Reiss
David J Reiss
The FHA has requested input on its Homeowners Armed with Knowledge (HAWK) for New Homebuyers pilot program. This comment letter argues that housing counseling is not a proven solution to the problem it is meant to solve, excessive defaults by FHA borrowers. HAWK is a traditional housing counseling program but the scholarly literature casts into doubt the efficacy of such programs. It would be better to take time to research which counseling strategies, if any, are proven to be effective. This is true for the FHA but also for other government agencies, such as the Consumer Financial Protection Bureau, that …
Questioni Giuridiche Connesse All'emissione E All'uso Delle Carte Di Credito Revolving, Valerio Sangiovanni
Questioni Giuridiche Connesse All'emissione E All'uso Delle Carte Di Credito Revolving, Valerio Sangiovanni
Valerio Sangiovanni
No abstract provided.
Contrastanti Orientamenti Nel Difficile Accertamento Della Natura Di Operatore Qualificato Nelle Operazioni Di Swap, Valerio Sangiovanni
Contrastanti Orientamenti Nel Difficile Accertamento Della Natura Di Operatore Qualificato Nelle Operazioni Di Swap, Valerio Sangiovanni
Valerio Sangiovanni
No abstract provided.
An Impossible Reconciliation? Understanding Class-Action Waivers And Arbitration After American Express V. Italian Colors, Kristine A. Bergman
An Impossible Reconciliation? Understanding Class-Action Waivers And Arbitration After American Express V. Italian Colors, Kristine A. Bergman
Kristine A Bergman
No abstract provided.
Le Contrôle Des Conditions Générales: L'Envol Manqué Du Phénix, Nicolas Pierre Marie Kuonen
Le Contrôle Des Conditions Générales: L'Envol Manqué Du Phénix, Nicolas Pierre Marie Kuonen
Nicolas Kuonen
This article presents and discusses the new fairness test for Standard Terms & Conditions ("ST&C") which has recently been introduced in Switzerland (the new art. 8 of the Swiss Federal Act against Unfair Competition). This article's first aim is to provide some guidelines for the understanding of that test. It second aim is to explain why, although it was supposed to strongly impact ST&C used in Switzerland, it has failed to change anything to date.
The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson
The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson
Hillary A Henderson
Copyright law rewards an artificial monopoly to individual authors for their creations. This reward is based on the belief that, by granting authors the exclusive right to reproduce their works, they receive an incentive and means to create, which in turn advances the welfare of the general public by “promoting the progress of science and useful arts.” Copyright protection subsists . . . in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or …
Picture [Im]Perfect: Photoshop Redefining Beauty In Cosmetic Advertisements, Giving False Advertising A Run For The Money, Ashley R. Brown
Picture [Im]Perfect: Photoshop Redefining Beauty In Cosmetic Advertisements, Giving False Advertising A Run For The Money, Ashley R. Brown
Ashley R Brown
This paper discusses the use of Photoshop in the United States and when overly retouched ads cross the threshold into False Advertising. I consider opinions from the NAD and whether or not a "Photoshop Law" would ever be feasible in the United States.
Circolazione Di Titoli Di Debito E Responsabilità Degli Investitori Professionali, Valerio Sangiovanni
Circolazione Di Titoli Di Debito E Responsabilità Degli Investitori Professionali, Valerio Sangiovanni
Valerio Sangiovanni
No abstract provided.
Class(Ic) Settlement Problems, Curtis E.A. Karnow
Class(Ic) Settlement Problems, Curtis E.A. Karnow
Curtis E.A. Karnow
A collection of classic problems in papers filed for preliminary court approval of class action settlements