Law Commons^™

Cybersecurity, Data Breaches, And The Economic Loss Doctrine In The Payment Card Industry, David W. Opderbeck

Maryland Law Review

Data breaches are pervasive and costly. Recent civil data breach cases have centered on the consumer credit card payment chain in the retail industry. An important issue in such cases is whether the economic loss doctrine should bar negligence claims for purely pecuniary losses suffered by a non-negligent party, such as an issuing bank or a federal credit union that must incur costs to reimburse cardholders for the fraudulent use of stolen card numbers.

The economic loss doctrine should not bar these claims. Large-scale data networks, such as consumer credit card networks, often entail significant network externalities. These include externalities …

Yates V. United States: Floundering About In The Choppy Waters Of Statutory Interpretation, Lindsay Defrancesco

Maryland Law Review

No abstract provided.

The Social Enterprise Law Market, J. Haskell Murray

Maryland Law Review

During the last seven years, over thirty states have passed at least one social enterprise statute. These social enterprise statutes allow the formation of a plethora of new entity types, including low-profit limited liability companies, benefit corporations, benefit limited liability companies, public benefit corporations, and social purpose corporations. Social enterprises have attracted increasing academic attention, but virtually nothing has been written on if and how states are competing for these entities. This Article attempts to fill that void, while also providing a history of the social enterprise forms, a comparative analysis, and recommendations for states that wish to engage in …

Two Narratives Of Platform Capitalism, Frank A. Pasquale

Faculty Scholarship

No abstract provided.

Law And Economics: Contemporary Approaches, Martha T. Mccluskey, Frank A. Pasquale, Jennifer Taub

Faculty Scholarship

No abstract provided.