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Articles 1 - 14 of 14
Full-Text Articles in Law
After Ftx: Can The Original Bitcoin Use Case Be Saved?, Mark Burge
After Ftx: Can The Original Bitcoin Use Case Be Saved?, Mark Burge
Faculty Scholarship
Bitcoin and the other cryptocurrencies spawned by the innovation of blockchain programming have exploded in prominence, both in gains of massive market value and in dramatic market losses, the latter most notably seen in connection with the failure of the FTX cryptocurrency exchange in November 2022. After years of investment and speculation, however, something crucial has faded: the original use case for Bitcoin as a system of payment. Can cryptocurrency-as-a-payment-system be saved, or are day traders and speculators the actual cryptocurrency future? This article suggests that cryptocurrency has been hobbled by a lack of foundational commercial and consumer-protection law that …
Expecting Specific Performance, Tess Wilkinson-Ryan, David Hoffman, Emily Campbell
Expecting Specific Performance, Tess Wilkinson-Ryan, David Hoffman, Emily Campbell
Articles
Using a series of surveys and experiments, we find that ordinary people think that courts will give them exactly what they bargained for after breach of contract; in other words, specific performance is the expected contractual remedy. This expectation is widespread even for the diverse array of deals where the legal remedy is traditionally limited to money damages. But for a significant fraction of people, the focus on equity seems to be a naïve belief that is open to updating. In the studies reported here, individuals were less likely to anticipate specific performance when they were briefly introduced to the …
Navigating Unfair Contract Terms: Drawing Insights From Australia In Addressing The Legal Conundrum In Malaysia, Ibtisam@Ilyana Ilias, Norazlina Abdul Aziz, Hariz Sufi Zahari, Helza Nova Lita
Navigating Unfair Contract Terms: Drawing Insights From Australia In Addressing The Legal Conundrum In Malaysia, Ibtisam@Ilyana Ilias, Norazlina Abdul Aziz, Hariz Sufi Zahari, Helza Nova Lita
International Journal on Consumer Law and Practice
In Malaysia, the regulation of unfair contract terms within business-to-consumer contracts falls under the jurisdiction of Part IIIA of the Consumer Protection Act 1999. This regulatory framework is overseen by the Ministry of Domestic Trade and Living Cost. However, the effectiveness of Part IIIA is hindered by certain gaps, resulting in its infrequent utilization for determining unfair terms in consumer contracts. One of the primary challenges lies in interpreting key terms such as “harsh,” “oppressive,” “unconscionable,” and “adequate justification.” These ambiguities often remain unresolved until legal proceedings take place. Complicating matters, doubts persist regarding the applicability of the Consumer Protection …
Reviewing The Organization Of The Consumer Right To Withdraw In Electronic Transactions In Qatar, Mahmoud Fayyad, Reinhard Steennot
Reviewing The Organization Of The Consumer Right To Withdraw In Electronic Transactions In Qatar, Mahmoud Fayyad, Reinhard Steennot
International Journal on Consumer Law and Practice
This research identifies and analyses weaknesses in Qatar’s legal regulatory framework for the right to withdraw in electronic transactions, understands the causes of consumer dissatisfaction and their impact, and conducts a comparative analysis of European law to extract insights for improving Qatar’s legal regulations and organizational structure. This research employs a quantitative methodology, utilizing a survey administered to a random sample of 391 consumers. The survey will gather data on consumer perceptions, experiences, and satisfaction levels related to the right to withdraw in electronic transactions in Qatar. The results revealed a need for more confidence among Qatari consumers when purchasing …
The Reluctant Lawmaker. The European Union And The Regulation Of Gambling Between The Principle Of Free Circulation Of Services And Member States Prerogatives, Nadia Coggiola Ph.D
The Reluctant Lawmaker. The European Union And The Regulation Of Gambling Between The Principle Of Free Circulation Of Services And Member States Prerogatives, Nadia Coggiola Ph.D
International Conference on Gambling & Risk Taking
Abstract
Although the European Union legislator is generally very keen to rely primarily and sometimes even exclusively on economic considerations, and therefore to generally protect consumers’ interests, this attitude is largely different when gambling issues are a stake.
In fact, even if it is generally undisputed, also by the same European Union legislator, that authorized gambling contracts are to be considered as consumers’ contracts, when facing the regulation of gambling contracts, the European Union often restrains from using all of its legislative powers.
As a consequence, the European legislation on consumer’s contracts generally explicitly exclude from its application gambling contracts, …
Beyond Section 230 Liability For Facebook, Nancy S. Kim
Beyond Section 230 Liability For Facebook, Nancy S. Kim
St. John's Law Review
(Excerpt)
In October 2021, a former Facebook employee, Frances Haugen, publicly revealed that the company's internal research documented harms that its products caused some of its users. The company’s response was sadly predictable. It questioned the reliability of Haugen’s testimony, asserted its commitment to doing the right thing, and then diverted the public’s attention by changing its name to Meta. The company’s deny-and-distract tactics were, by now, all too familiar and provided few answers.
More than any other platform company, Facebook has found itself at the center of controversy. Its advertisement-supported business model relies upon user engagement which means that …
Canceling Difficult Cancellation: An Analysis Of Recent Regulatory Efforts To Make Canceling Subscriptions Easier, Carter Mccants
Canceling Difficult Cancellation: An Analysis Of Recent Regulatory Efforts To Make Canceling Subscriptions Easier, Carter Mccants
William & Mary Business Law Review
The subscription-based economy is on the rise, and so are complaints of difficult cancellations. Companies utilize coercive and exploitative techniques, known as “dark patterns,” to trap consumers in subscription-based services. One notorious “dark pattern” is the “click-to-subscribe, call-to-cancel” scheme, whereby individuals can sign up online. But, when it comes time to cancel, many consumers often find themselves waiting on hold for hours.
In the interest of consumer welfare, subscription-based services should be as easy to cancel as they are to sign up for. Accordingly, this Note discusses the merits of recent crackdowns on cancellation barriers, including the Federal Trade Commission’s …
What A Data Privacy Law Should Look Like In West Virginia: Balancing Competing Interests Of Consumers And Businesses, Harrison Enright
What A Data Privacy Law Should Look Like In West Virginia: Balancing Competing Interests Of Consumers And Businesses, Harrison Enright
West Virginia Law Review
Today’s businesses invariably leverage consumer data to create business insights, such as marketing strategies and consumer behavior analyses. As a result, consumers have placed an emphasis on data privacy and security. In response, many states have proposed comprehensive legislation aspiring to regulate the collection and usage of consumer data by businesses, grant individual rights to consumers, and provide for a method of enforcement. House Bill 3159 represents West Virginia’s most recent attempt at doing so, serving as an indication that the state is working diligently to enhance the data privacy of its residents.
Although enacting a comprehensive data privacy law …
The Influencers And The Influenced: Effects Of Social Media Influencers On Enforcement Of Trademark Law In The U.S. And Europe, Abigail Dagher
The Influencers And The Influenced: Effects Of Social Media Influencers On Enforcement Of Trademark Law In The U.S. And Europe, Abigail Dagher
Emory International Law Review
No abstract provided.
Price Gouging, The Pandemic, And What Comes Next, Kaitlin A. Caruso
Price Gouging, The Pandemic, And What Comes Next, Kaitlin A. Caruso
Faculty Publications
Whenever there is a disaster, there are complaints of price gouging — that is, of people selling critical goods at grossly inflated prices. Over the last half-century, states and territories have increasingly responded by adopting anti-gouging laws that limit how much sellers can increase prices on at least some goods and services during an emergency. An overwhelming majority of jurisdictions now have such laws, and all share a few common characteristics. The laws vary considerably between jurisdictions, however, including on what products, services, and sellers they cover, how long they last, and how strictly they limit price increases. This Article …
Regulatory Innovation And Permission To Fail: The Case Of Suptech, Hilary J. Allen
Regulatory Innovation And Permission To Fail: The Case Of Suptech, Hilary J. Allen
Articles in Law Reviews & Other Academic Journals
The recent U.S. Supreme Court decision West Virginia v. EPA has cast a pall over the discretion of administrative agencies at a very inopportune time. The private sector is currently adopting new technologies at a rapid pace, and as regulated industries become more technologically complex, administrative agencies must innovate technological tools of their own in order to keep up. Agencies will increasingly struggle to do their jobs without that innovation, but the private sector is afforded something that is both critical to the innovation process, and often denied to administrative agencies: “permission to fail.” Without some grace for the inevitable …
Coercive Rideshare Practices: At The Intersection Of Antitrust And Consumer Protection Law In The Gig Economy, Christopher L. Peterson, Marshall Steinbaum
Coercive Rideshare Practices: At The Intersection Of Antitrust And Consumer Protection Law In The Gig Economy, Christopher L. Peterson, Marshall Steinbaum
Utah Law Faculty Scholarship
This Essay considers antitrust and consumer protection liability for coercive practices vis-à-vis drivers that are prevalent in the rideshare industry. Resale price maintenance, nonlinear pay practices, withholding data, and conditioning data access on maintaining a minimum acceptance rate all curtail platform competition, sustaining a high-price, tacitly collusive equilibrium among the few incumbents. Moreover, concealing relevant trip data from drivers is both deceptive and unfair when the platforms are in full possession of the relevant facts. In the absence of these coercive practices, customers too would be better off due to platform competition, which would lower average prices by sharpening competition …
Protecting Low-Income Consumers In The Era Of Digital Grocery Shopping: Implications For Wic Online Ordering, Qi Zhang, Priyanka Patel, Caitlin M. Lowery
Protecting Low-Income Consumers In The Era Of Digital Grocery Shopping: Implications For Wic Online Ordering, Qi Zhang, Priyanka Patel, Caitlin M. Lowery
Community & Environmental Health Faculty Publications
The Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) is now expected to allow participants to redeem their food benefits online, i.e., via online ordering, rather than only in-store. However, it is unclear how this new benefit redemption model may impact participants’ welfare since vendors may have an asymmetric information advantage compared with WIC customers. The WIC online ordering environment may also change the landscape for WIC vendors, which will eventually affect WIC participants. To protect WIC consumers’ rights in the new online ordering model, policymakers need an appropriate legal and regulatory framework. This narrative review provides that …
Animal Welfare Consumer Protection Litigation: Challenges And Possibilities For Bringing About More "Humane" Labeling Practices, Jaycie Thaemert
Animal Welfare Consumer Protection Litigation: Challenges And Possibilities For Bringing About More "Humane" Labeling Practices, Jaycie Thaemert
Animal Law Review
Consumer protection claims have become a critical tool for animal welfare advocates to attack the misrepresentations that animal agriculture producers make about the humane treatment of their animals. Currently, these claims are an important accountability mechanism, as “humane” labeling standards have not been adopted on the federal level. As consumers become increasingly focused on making ethical food-purchasing decisions, consumer protection claim lawsuits have become more and more successful, drawing the attention of attorneys within and outside of the animal welfare movement. The primary limitation of consumer protection claims in the animal welfare space is that these lawsuits do not actually …