Law Commons^™

Misty Hitesman, Plaintiff/ Appellant V. The University Of Utah, Defendant/ Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a grant of Summary Judgment to the University of Utah, In the Third Judicial District Court, Salt Lake County, the Honorable Mark Kouris, presiding. PUBLIC

Mary J. Woodhead Attorney (5518) Counsel for Appellant

Cliff Petersen Jaqualin Friend Peterson Assistant Attorney General Counsel for Appellee

Mmu: 09/14/20–09/20/20, Student Bar Association

Monday Morning Update

This Week @ NDLS

General Announcements and Reminders

• Crossings is closed until further notice. However, the GrubHub app is a great way to see what's available on campus and order ahead for pickup.
• CDO Announcements
• ABA Mental Health Toolkit
• SBA Store
• Daily Mass Schedule
• LexisNexis Office Hours
• Resume Workshops all week
• Public Interest Month: State Prosecution
• IP Lecture Series: Professor Margo Bagley from Emory
• ND Supreme Court Review: The Roberts Court in OT 2019
• Public Interest Month: Representing the State
• Global Spotlight Lecture Series, Finding Fault; Doctrine and Difficult Questions in Law
• Public Interest Month: Guardian Ad Litem/Friend of the …

Vol. 59, No. 04 (September 14, 2020)

Indiana Law Annotated

No abstract provided.

Legal Aspects Of Consumer Protection And Responsibility For Damages In The Context Of Autonomous Cars, Lena Helińska, Bartosz Paczocha, Arkadiusz Piskorz

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The popularization of autonomous cars will result in the emergence of hitherto unknown factual situations, in which the relationship between consumers and producers or sellers will play an important role. This article examines these relationships, with a particular emphasis on the responsibility of producers. Problems that could be linked to the fifth (highest) level of automation are analyzed in relation to the existing legal framework in terms of freedoms, information requirements, warranty for defects, tort liability and strict liability. The aim is to identify possible areas where the current regulations would be insufficient. The above-mentioned issues lead to the conclusion …

The Economic Value Of Personal Data And Consumer (User) Protection On Online Platforms, Jan J. Zygmuntowski, Blanka Wawrzyniak

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The subject of this commentary is an in-depth analysis of the ruling of the District Administrative Court issued in relation to the decision of the Italian antitrust authority (Autorità Garante della Concorrenza e del Mercato) imposing a fine of EUR 10 million on Facebook in relation to the entrepreneur’s violation of consumer law. The study focuses on the economic value of personal data, as well as on the ability of digital companies to commercialize and exploit the data. The Authors’ reflections are based on the analysis of EU and national regulations along with the latest legislative changes to the data-related …

Non-Conforming Declarations Of Performance On Construction Products As A Misleading Practice Relating To Product Performance – Discussion Based On Polish Regulator’S Decision Of 4 October 2019 (Dozik-6/2019), Aleksandra Wędrychowska-Karpińska

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The article discusses the decision of the Polish competition and consumer protection authority (Prezes UOKiK) of 4 October 2019 (DOZiK-6/2019) regarding the unfair commercial practice of marketing certain construction products (XPS foam boards) that do not have declared performance characteristics. The way the decision was argued shows when Prezes UOKiK, as the horizontal competition and consumer protection authority, intervenes in cases which are, or have been, dealt with in parallel by sectorial regulators (such as the building supervision inspectors, whether provincial or the Chief Building Supervision Inspector), using public documents collected by them. The article discusses how to construe the …

Investigating Dark Net Criminals And The Resulting Legal Consequences, Alec Kirschenbaum

Cardozo International & Comparative Law Review (CICLR) Blog

When most people think of the Internet, what they are referring to is what is known as the “Surface Web.” The Surface Web is made up of websites that are indexed by traditional search engines like Google, Bing, Yahoo, and Firefox. For instance, when an individual searches for something on Google, he or she is using and accessing the information through the Surface Web. A majority of traditional Internet users believe that they have full access to all of the information available on the Web, but this belief is erroneous. In fact, it has been suggested and estimated by researchers, …

The Use Of Personalised Prices In The Light Of The Amendment To Directive 2011/83/Eu On Consumer Rights And Regulation 2016/679 (Gdpr), Iga Małobęcka-Szwast

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

With the increasing availability of consumer personal data, advanced pricing algorithms and the rise of e-commerce, the widespread use of personalised pricing by traders seems to be a matter of time. Directive 2019/2161, although allows the use of personalised prices, makes the legality of this practice conditional, in particular, on the fulfilment of new information obligations and compliance with the provisions of the GDPR, including the rights of data subjects contained therein. Both Directive 2019/2161 and the GDPR guarantee consumers a package of rights that are designed to counteract information asymmetry between the trader and the consumer, and enable the …

Shaping And Controlling Of Consumer Credit Costs According To The Latest Judgments Of The Court Of Justice Of The European Union, Dominika Rogoń

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

In the study, the author discusses the conclusions of the judgments of the Court of Justice of the European Union in cases: C-621/17, C-779/18, C 224/19 and C-259/19, C-84/19 and C-222/19 and C-252/19 concerning the shaping and control of the cost of consumer credit.

The Case For State Borrowing As A Response To The Current Crisis, David Gamage, Darien Shanske

Articles by Maurer Faculty

The coronavirus pandemic is a national emergency that requires a national response. Asking states to absorb the budgetary losses caused by the pandemic while they are tasked with providing essential frontline services is comparable to asking states during World War II to pay for the landing in Normandy.

This article is a contribution to Project SAFE: State Action in Fiscal Emergencies. We have already argued, more than once, that the federal government should borrow to prevent steep state and local budget cuts. But because the federal government will apparently not take sufficient action, we offer these ideas to states for …

Dieselgate And The Legal Consequences Of The Manipulation Of Air Pollution Emissions, Zofia Mazur

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The subject of the present article is the analysis of the well-known ‘Dieselgate’ affair, which has involved Volkswagen. The scandal in question concerns the installation of software (‘defeat device’) to manipulate the results of emissions tests that in fact did not corresponded to the values declared in the approval certificates of vehicles produced by Volkswagen. In addition, through advertising campaigns, Volkswagen promoted its car models as particularly environmental friendly, illegally using environmental and green claims. These activities of the German car manufacturer led to many legal actions both in Europe and in the United States. The aim of the article …

Remedies For Lack Of Conformity Of The Digital Content Or Digital Services With The Contract, Klaudia Koman

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Directive 2019/770, adopted on 20 May 2019, focuses on the rights and obligations of parties contracting for the supply of digital content or digital services. Member States shall implement the EU act into their domestic legal systems by 01 July 2021. Until the publication of the proposal for the Directive, digital content and digital services were not extensively regulated in most Member States. Providing real consumer protection while buying digital content or digital services depends on the correct interpretation of the provisions of Directive 2019/770. Therefore, this article focuses on the analysis of the key issues of the Directive, namely …

Profiling Based On Personal Data Of Consumers Processed By An Autonomous Vehicle, Anna Nowak, Magdalena Węgłowska, Miłosz Gapsa

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Profiling is increasingly entering the lives of consumers, and in parallel with it, the phenomenon of collecting and using consumer data from various sources, including data processed by autonomous vehicles, is also progressing. This article aims to characterize the key risks for consumers that may result from the profiling process based on personal data obtained from autonomous vehicles, with particular emphasis on the practice of personalization. In this context, two legal acts will be discussed in more detail. First, the General Data Protection Regulation, on the basis of which the process of obtaining personal data from autonomous vehicles will be …

'Consumer’ Protection Of Certain Natural Persons Conducting A Business Activity – Selected Issues, Bartosz Wyżykowski

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

From 1 January 2021, the application of selected provisions in the field of consumer protection was extended to natural persons concluding a contract directly related to the conducted business activity, if it follows from the content of such contract that it is not of professional nature for such person, in particular taking into account the subject of the business activity, revealed on the basis of the provisions on the central registration and information of business. Subject of the new regulation are provisions regarding unfair contract terms, provisions on the warranty for defects that previously applied only to consumers, and, finally, …

New Consumer Agenda – Strengthening Consumer Resilience For Sustainable Recovery, Filip Wiaderek

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The paper provides a shortcut of the ‘New Consumer Agenda – strengthening consumer resilience for sustainable recovery’ that is enshrined in the EC Communicate from 13 November 2020. The programme constitutes an outline of goals, which the European Commission plans to achieve between 2020 and 2025 that were divided into five priority areas: (1) the green transition; (2) the digital transformation; (3) redress and enforcement of consumer rights; (4) specific needs of certain consumer groups and, (5) international cooperation. The burden of proper implementation of the solutions outlined in the Agenda, especially with regard to green transition, is to a …

Obligation To Ex Officio Examine The Unfairness Of Terms And Conditions In The Event Of The Consumer’S Failure To Appear In Court In Cases Of Unfair Market Practices In The Financial Market. Commentary To The Judgment Of The Court Of Justice Of The European Union Of 4 June 2020 In Case C-495/19 Kancelaria Medius Sa V Rn, Małgorzata Sieradzka, Magdalena Zawisza

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The aim of the article is to discuss and analyze the judgment of the Court of Justice of 4 June 2020 in case C-495/19 Kancelaria Medius SA vs. the Supervisory Board, from the point of view of its importance for the examination of cases related to unfair market practices on the financial market, where one of the parties is a consumer. On the basis of the judgment in question, the obligation to examine the unfairness of contract terms by the court will be presented in particular. The article covers the analysis and commentary of the decision made by the Polish …

Request To Cancel The Contract Pursuant To The Act On Counteracting Unfair Market Practices As A Form Of A Claim For The Restoration Of The Previous State. Commentary On The Judgment Of The Supreme Court Of September 11, 2020, Iii Czp 80/19, Bartosz Kotowicz, Małgorzata Sieradzka, Magdalena Zawisza

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The purpose of the article is to discuss the Resolution of the Polish Supreme Court of 11 September 2020, III CZP 80/19, where the Supreme Court decided that the request to cancel a contract provided for in Art. 12 sec. 1 point 4 of the Act of 23 August 2007 on Counteracting Unfair Market Practices is a form of a claim for the restoration of the previous state, the effective investigation of which depends on the fulfilment of general conditions for liability for damages. The article includes an analysis of the positions presented so far in the doctrine and jurisprudence, …

Overview Of Decisions Of The President Of The Office Of Competition And Consumer Protection Concerning Infringements Of Collective Consumer Interests In 2019 And The First Half Of 2020, Anna Urbanek

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

This overview is a presentation and commentary on the decisions of the President of the Office of Competition and Consumer Protection concerning infringements of collective consumer interests issued in the period from January 2019 to June 2020. The analysis concerns cases of failure to comply with the provisions of selected legal acts regulating the provision of various types of services, and consumer rights in relations with entrepreneurs. The study presents the most common practices used by entrepreneurs, as well as those that are particularly interesting due to the amount of the fine imposed in the decision or the media coverage …

September 12, 2020: Mark Tooley On George Weigel/Judge Pryor On The Court Of History, Bruce Ledewitz

Hallowed Secularism

Blog post, “Mark Tooley on George Weigel/Judge Pryor on the Court of History“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Masthead

San Diego Law Review

No abstract provided.

A Reckoning Over Law Faculty Inequality, Melanie D. Wilson

Scholarly Articles

Below, I review Dr. Meera E. Deo’s book, Unequal Profession: Race and Gender in Legal Academia, published last year by Stanford University Press. In Unequal Profession, Deo, an expert on institutional diversity, presents findings from a first-of-its-kind empirical study, documenting many of the challenges women of color law faculty confront daily in legal academia. Deo uses memorable quotes and powerful stories from the study’s faculty participants to present her important work in 169 readable and revealing pages. Unequal Profession begins by outlining the barriers women of color face when entering law teaching and progresses through the life cycle …

Cardozo Law News Brief: September 11, 2020, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2020

Featured Faculty:

• Anthony Sebok
• Joel Cohen

Campus News:

• Cardozo Mourns the Loss of Professor Emeritus Paris Baldacci

Events:

• The Future of Native American Mascots in Sports
• Online Platform Liability 10 Years After Tiffany v. eBay

2019-20 Survey Of Applied Legal Education, Robert R. Kuehn, Margaret Reuter, David A. Santacroce

Faculty Works

This report presents the results of the 2019-20 Center for the Study of Applied Legal Education (CSALE) Survey of Applied Legal Education. The survey was composed of two parts – a Master Survey directed to ABA accredited U.S. law schools and a Sub-Survey distributed to each person teaching in a law clinic or field placement course. Ninety-five percent of law schools and over 1,300 clinical teachers participated in the survey. The results provide valuable insight into clinical programs and law clinic and field placement courses in areas such as design, capacity, administration, funding, and pedagogy, and into the role and …

2020-2021 Supreme Court Preview: Schedule Of Events, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Transparency And The Shadow Docket, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

On Saturday, September 12 at 2:00pm, the Supreme Court Preview will feature a panel on "Transparency and the Shadow Docket." “The shadow docket” is a phrase used to describe the significant volume of orders and summary decisions that the Supreme Court issues without full briefing and oral argument. This panel will discuss what is new and what is not about the shadow docket. The panelists will speculate on the ways in which the Court will use these orders going forward, and will discuss the upsides and downsides of doing so.

The Supreme Court And The 2020 Election: What Challenges Are Likely And What Will Be The Supreme Court's Role In Deciding Them?, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

On Friday, September 11 at 5:30pm, the Supreme Court Preview will feature a panel on "The Supreme Court and the 2020 Election What Challenges are likely and what will be the Supreme Court's Role in Deciding them?" As we approach a historic election in November 2020, many anticipate that election challenges will wind up in federal court. This panel will discuss trends in COVID-related election cases at the Court so far, anticipate which challenges are likely going forward, and will speculate what the Supreme Court’s role will be in deciding them. What has changed at the Court (and otherwise) since …

2020-2021 Supreme Court Preview: Notebook Cover Page, Allison Orr Larsen, Neal Devins, Rebecca Green, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

Our traditional notebook will not be available this year due to the virtual setting. However, we have compiled this virtual notebook to provide all participating in the Supreme Court Preview an opportunity to learn more about the upcoming docket and the issues facing the Court. We hope you enjoy the wealth of information available throughout this virtual notebook.

2020-2021 Supreme Court Preview: Biographies Of 2020 Supreme Court Preview Panelists, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Granted Cases, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Who Is The Real John Roberts? Predicting The Surprises Of The Fall Term, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

On Saturday, September 12 at 3:00pm, the Supreme Court Preview will feature a panel on "Who is the Real John Roberts? Predicting the Surprises of the Fall Term." Chief Justice Roberts cast several votes in high-profile cases last Term that many found to be surprising, and it led to a debate over whether the Chief Justice should be described as a moderate or not. This panel will anticipate which cases in the 2020-2021 Term will provide an opportunity for the Chief Justice to cast the deciding vote, and will address whether the Chief Justice’s voting pattern in 2020 was indicative …