Law Commons^™

How Close Is Close Enough: A Step-By-Step Analysis To Resolve The Circuit Split Created By Misunderstanding The Spokeo Ruling, Cason Shipp

St. Mary's Law Journal

No abstract provided.

The Ratio Method: Addressing Complex Tort Liability In The Fourth Industrial Revolution, Harrison C. Margolin, Grant H. Frazier

St. Mary's Law Journal

Emerging technologies of the Fourth Industrial Revolution show fundamental promise for improving productivity and quality of life, though their misuse may also cause significant social disruption. For example, while artificial intelligence will be used to accelerate society’s processes, it may also displace millions of workers and arm cybercriminals with increasingly powerful hacking capabilities. Similarly, human gene editing shows promise for curing numerous diseases, but also raises significant concerns about adverse health consequences related to the corruption of human and pathogenic genomes.

In most instances, only specialists understand the growing intricacies of these novel technologies. As the complexity and speed of …

As The Role Of The Driver Changes With Autonomous Vehicle Technology, So, Too, Must The Law Change, Nanci K. Carr

St. Mary's Law Journal

Getting a driver’s license is a highly anticipated rite of passage for most teenagers. Being alone behind the wheel, in control of a 3,000-pound machine, is an honor, a privilege, and a sign of adult responsibility. How will that change when driver’s licenses become licenses “to cause technology to engage” with the increased use of autonomous cars? Will driver’s education courses, with their focus on safety rules and defensive driving techniques, be eliminated if all a vehicle operator needs to do is push a button and the vehicle does the rest? While arguably autonomous cars are safer, they will not …

21 In The 21st—An Evaluation Of The Tobacco Regulation Trend, Casey Kellum

St. Mary's Law Journal

Tobacco regulation persists as a controversial issue both legally and politically in the United States. Throughout American history, states rely on local legislation to provide adequate protection to consumers of tobacco products, as “Big Tobacco” targets consumers for its addictive product. One of the most recent amendments in this arena is the state by state decision to raise the minimum legal sales age for tobacco to twenty-one.

Despite rigorous regulation of tobacco products in the United States, however, tobacco remains the leading cause of preventable deaths in the country. These “Tobacco 21” ordinances come at a critical time when the …

Victim V. Victim Restitution: The Commingling Fictions, Andrew Kull

St. Mary's Law Journal

Abstract forthcoming.

Borrowing American Ideas To Improve Chinese Tort Law, Yongxia Wang

St. Mary's Law Journal

As China develops its modern jurisprudence it faces a choice between emulating the legal frameworks of civil law countries or common law countries. Thus far, the civil law path has allowed for a rapid expansion of Chinese tort law, but jurists have found difficulty in applying such generalized statutory schemes with the absence of supporting judicial interpretation. Cognizant of the differences between the public policy of common law countries and China, Vincent Johnson’s Mastering Torts (Měiguó Qīnquán Fǎ) provides this guidance through the lens of American tort law. The hornbook takes care to simplify the role of judicial …

Saving America’S Privacy Rights: Why Carpenter V. United States Was Wrongly Decided And Why Courts Should Be Promoting Legislative Reform Rather Than Extending Existing Privacy Jurisprudence, David Stone

St. Mary's Law Journal

Privacy rights are under assault, but the Supreme Court’s judicial intervention into the issue, starting with Katz v. United States and leading to the Carpenter v. United States decision has created an inconsistent, piecemeal common law of privacy that forestalls a systematic public policy resolution by Congress and the states. In order to reach a satisfactory and longlasting resolution of the problem consistent with separation of powers principles, the states should consider a constitutional amendment that reduces the danger of pervasive technologyaided surveillance and monitoring, together with a series of statutes addressing each new issue posed by technological change as …

Combatting The Opioid Epidemic In Texas By Holding Big Pharma Manufacturers Liable, Katherine Spiser

St. Mary's Law Journal

Abstract forthcoming

Regulating Retirement: Understanding The Impact Of New Best Interest And Fiduciary Standards On Retail Investors, Michael Lichtmacher

St. Mary's Law Journal

Abstract forthcoming

Health Care Referrals Out Of The Shadows: Recognizing The Looming Threat Of The Texas Patient Solicitation Act And Other Illegal Remuneration Statutes, Trenton Brown

St. Mary's Law Journal

Abstract forthcoming

Holding Ridesharing Companies Accountable In Texas, Martha Alejandra Salas

St. Mary's Law Journal

Abstract forthcoming

"What We Lose In Sales, We Make Up In Volume": The Faulty Logic Of The Financial Services Industry's Response To The Consumer Financial Protection Bureau's Proposed Rule Prohibiting Class Action Bans In Arbitration Clauses, Richard Frankel

St. Mary's Law Journal

Abstract forthcoming.

The Cfpb Anti-Arbitration Proposal: Let's Just Give Arbitration A Chance., Ramona L. Lampley

St. Mary's Law Journal

Abstract forthcoming.

Hurrah For The Consumer Financial Protection Bureau: Consumer Arbitration As A Poster Child For Regulation, Jean R. Sternlight

St. Mary's Law Journal

Abstract forthcoming.

A Purchaser For Resale Is A Consumer Protected By Dtpa., Vincent P. Dhooghe

St. Mary's Law Journal

Abstract Forthcoming.

Beyond Truth-In-Lending - Federal Regulation Of Debt Collection., R. Glen Ayers Jr.

St. Mary's Law Journal

Abstract Forthcoming.

Ftc Rulemaking: The Standard For Disqualification Of A Biased Commissioner Comment., Sara Greenwood Hogan

St. Mary's Law Journal

Abstract Forthcoming.

Public And Private Rights And Remedies Under The Deceptive Trade Practices - Consumer Protection Act., Philip K. Maxwell

St. Mary's Law Journal

Abstract Forthcoming.

The Texas Deceptive Trade Practices - Consumer Protection Act: Application To Professional Malpractice., Patricia E. Swanson

St. Mary's Law Journal

Abstract Forthcoming.

Affirmative Remedies For The Tenant., Robin Vaughn Dwyer

St. Mary's Law Journal

Abstract Forthcoming.

Emergence Of Consumer Credit Protection - Federal And Texas., Rebecca Gregory

St. Mary's Law Journal

Abstract Forthcoming.

Preservation Of Claims And Defenses Under The Texas Business And Commerce Code And Under The Texas Consumer Credit Code., James G. Boyle

St. Mary's Law Journal

Abstract Forthcoming.

The Texas Debt Collection Practices Act: Relief For The Harassed Debtor., William R. Crow Jr.

St. Mary's Law Journal

Abstract Forthcoming.

Treble Damages Are Discretionary Under The Dtpa., Kenneth L. Malone

St. Mary's Law Journal

Abstract Forthcoming.

Assignee Liability Under The Texas Consumer Credit Code., Barry Snell

St. Mary's Law Journal

Abstract Forthcoming.

Significant Recent Developments In Federal Consumer Credit Legislation And Case Law., Joe P. Smyer, P. Keith O'Gorman

St. Mary's Law Journal

Abstract Forthcoming.

Lender Has No Responsibility For Statutory Disclosures Where Seller Arranges Credit And Lender's Disclosures Would Be Duplicative., John M. Vaught

St. Mary's Law Journal

Abstract Forthcoming.