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Full-Text Articles in Law

Shhhh, They're Listening - Inside The Coming Voice-Profiling Revolution, Joseph Turow Apr 2021

Shhhh, They're Listening - Inside The Coming Voice-Profiling Revolution, Joseph Turow

Departmental Papers (ASC)

The article describes the coming voice profiling revolution and its challenges for society. Voice profiling is a biometric activity that raises questions about social discrimination and freedom. The article refers to research described in the new book The Voice Catchers: How Marketers Listen in to Exploit Your Feelings, Your Privacy, and Your Wallet, published in May 2021 by Yale University Press.


Protecting One's Own Privacy In A Big Data Economy, Anita L. Allen Dec 2016

Protecting One's Own Privacy In A Big Data Economy, Anita L. Allen

Faculty Scholarship at Penn Law

Big Data is the vast quantities of information amenable to large-scale collection, storage, and analysis. Using such data, companies and researchers can deploy complex algorithms and artificial intelligence technologies to reveal otherwise unascertained patterns, links, behaviors, trends, identities, and practical knowledge. The information that comprises Big Data arises from government and business practices, consumer transactions, and the digital applications sometimes referred to as the “Internet of Things.” Individuals invisibly contribute to Big Data whenever they live digital lifestyles or otherwise participate in the digital economy, such as when they shop with a credit card, get treated at a hospital, apply ...


The Rise Of Transnational Private Meta-Regulators, Paul Verbruggen, Tetty Havinga Jan 2014

The Rise Of Transnational Private Meta-Regulators, Paul Verbruggen, Tetty Havinga

Transnational Business Governance Interactions Working Papers

In recent years scholars from various disciplines have turned their attention to transnational regimes of regulation that are chiefly developed outside state-driven frameworks. The rise of such "transnational private regulation" has also led to the emergence of private meta-regulation. The term 'meta-regulation' commonly refers to processes through which a regulatory body oversees another and sets standards for its activities or performance of regulation. In the public domain, meta-regulation has been associated with the devolution of regulatory activities by a statutory body to private actors with the view to enhance voluntary rule compliance, awareness of responsibilities among the regulated and reduce ...


Layers Of Law: The Case Of E-Cigarettes, Eric A. Feldman Jan 2014

Layers Of Law: The Case Of E-Cigarettes, Eric A. Feldman

Faculty Scholarship at Penn Law

This paper, written for a symposium on "Layers of Law and Social Order," connects the current debate over the regulation of electronic cigarettes with socio-legal scholarship on law, norms, and social control. Although almost every aspect of modern life that is subject to regulation can be seen through the framework ‘layers of law,’ e-cigarettes are distinguished by the rapid emergence of an unusually dense legal and regulatory web. In part, the dense fabric of e-cigarette law and regulation, both within and beyond the US, results from the lack of robust scientific and epidemiological data on the behavioral and health consequences ...


Towards Symmetry In The Law Of Branding, Rebecca Tushnet Jan 2011

Towards Symmetry In The Law Of Branding, Rebecca Tushnet

Georgetown Law Faculty Publications and Other Works

Companies sometimes want to abandon an old identity and rebrand with a new one. Trademark law probably does not have much to say about rebranding in itself. But we should be careful about how we think about rebranding and other undisclosed source relationships because, if not handled properly, law’s recognition of such techniques could end up reinforcing trademark owners’ ability to deter competition and control free speech.


Looking At The Lanham Act: Images In Trademark And Advertising Law, Rebecca Tushnet Jan 2011

Looking At The Lanham Act: Images In Trademark And Advertising Law, Rebecca Tushnet

Georgetown Law Faculty Publications and Other Works

Words are the prototypical regulatory subjects for trademark and advertising law, despite our increasingly audiovisual economy. This word-focused baseline means that the Lanham Act often misconceives its object, resulting in confusion and incoherence. This Article explores some of the ways courts have attempted to fit images into a word-centric model, while not fully recognizing the particular ways in which images make meaning in trademark and other forms of advertising. While problems interpreting images are likely to persist, this Article suggests some ways in which courts could pay closer attention to the special features of images as compared to words.


New-School Trademark Dilution: Famous Among The Juvenile Consuming Public, Alexandra J. Roberts Jun 2009

New-School Trademark Dilution: Famous Among The Juvenile Consuming Public, Alexandra J. Roberts

Law Faculty Scholarship

The recently enacted Trademark Dilution Revision Act of 2006 recalibrated the degree of fame necessary to garner protection: the TDRA applies only to a mark "widely recognized by the general consuming public of the United States as a designation of source of the goods or services of the mark’s owner." By privileging those major players who succeed in turning their brands into household names, the TDRA strengthens incentives for mark-owners to ensure their logos and brand names are well-recognized not only among adult consumers, but also among children. This Article examines a set of marketing behaviors aimed at children ...


The Consumer As King: The Economics Of Precarious Sovereignty, Robert L. Birmingham Jan 1969

The Consumer As King: The Economics Of Precarious Sovereignty, Robert L. Birmingham

Articles by Maurer Faculty

No abstract provided.