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Full-Text Articles in Law

New Scholarship On Streets, Michael Lewyn Jan 2023

New Scholarship On Streets, Michael Lewyn

Scholarly Works

An article discussing numerous recent articles in legal journals discussing the rise in automobile-related death and injury in the United States.


Smart Cars, Telematics And Repair, Leah Chan Grinvald, Ofer Tur-Sinai Jan 2021

Smart Cars, Telematics And Repair, Leah Chan Grinvald, Ofer Tur-Sinai

University of Michigan Journal of Law Reform

Recent years have seen a surge in the use of automotive telematics. Telematics is the integration of telecommunications and informatics technologies. Using telematics in cars enables transmission of data communications between the car and other systems or devices. This opens up a wide range of possibilities, including the prospect of conducting remote diagnostics based on real-time access to the vehicle. Yet, as with any new technology, alongside its potential benefits, the use of automotive telematics could also have potential downsides. This Article explores the significant negative impact that the growing reliance on telematics systems could have on competition in the …


Pedestrians Under Attack, Michael Lewyn Jan 2021

Pedestrians Under Attack, Michael Lewyn

Scholarly Works

A review of Right Of Way by Angie Schmitt


State Vehicle Electrification Mandates And Federal Preemption, Matthew N. Metz, Janelle London Aug 2020

State Vehicle Electrification Mandates And Federal Preemption, Matthew N. Metz, Janelle London

Michigan Journal of Environmental & Administrative Law

By requiring that new vehicles sold after a certain date be electric, states can lower drivers’ vehicle operating costs, boost local employment, and lower electric rates. But there’s a widespread perception that states can’t take advantage of these opportunities because a state vehicle electrification mandate would be preempted by federal law.

Not so.

While the Federal Clean Air Act (CAA) prohibits state regulations “relating to” the control of emissions in motor vehicles, and the Federal Energy Policy and Conservation Act (EPCA) prohibits state regulations “related to” fuel economy standards, there is a strong rationale for federal courts to reject preemption …


How Reporters Can Evaluate Automated Driving Announcements, Bryant Walker Smith Jan 2020

How Reporters Can Evaluate Automated Driving Announcements, Bryant Walker Smith

Journal of Law and Mobility

This article identifies a series of specific questions that reporters can ask about claims made by developers of automated motor vehicles (“AVs”). Its immediate intent is to facilitate more critical, credible, and ultimately constructive reporting on progress toward automated driving. In turn, reporting of this kind advances three additional goals. First, it encourages AV developers to qualify and support their public claims. Second, it appropriately manages public expectations about these vehicles. Third, it fosters more technical accuracy and technological circumspection in legal and policy scholarship.


Consumers’ Declining Power In The Fintech Auto Loan Market, Pamela Foohey Jan 2020

Consumers’ Declining Power In The Fintech Auto Loan Market, Pamela Foohey

Scholarly Works

Automobiles have become part of America’s infrastructure. For most people, having access to a car is crucial to their livelihoods and they will take on significant amounts of debt to purchase vehicles. Auto debt is unlike any other consumer debt, both in its structure, which allows creditors to easily seize collateral, and in its lack of regulation. The unique and lucrative nature of auto debt has not gone unnoticed by lenders or by companies leveraging fintech to offer people new ways to purchase cars and car loans. This Article assesses the evolving marketplace for auto sales, leasing, and loans to …


Consumers' Declining Power In The Fintech Auto Loan Market, Pamela Foohey Jan 2020

Consumers' Declining Power In The Fintech Auto Loan Market, Pamela Foohey

Articles by Maurer Faculty

Automobiles have become part of America’s infrastructure. For most people, having access to a car is crucial to their livelihoods and they will take on significant amounts of debt to purchase vehicles. Auto debt is unlike any other consumer debt, both in its structure, which allows creditors to easily seize collateral, and in its lack of regulation. The unique and lucrative nature of auto debt has not gone unnoticed by lenders or by companies leveraging fintech to offer people new ways to purchase cars and car loans. This Article assesses the evolving marketplace for auto sales, leasing, and loans to …


Driven To Bankruptcy, Pamela Foohey, Robert M. Lawless, Deborah Thorne Jan 2020

Driven To Bankruptcy, Pamela Foohey, Robert M. Lawless, Deborah Thorne

Scholarly Works

Over the last ten years, 15.1 million people filed for bankruptcy owning 16.4 million cars. These cars provided access to work, education, medical care, childcare, food, and other life necessities. They also were major household investments, the most expensive asset most bankruptcy filers owned other than a house. Using original data from the Consumer Bankruptcy Project, we document what happens to car owners and their car loans when they enter bankruptcy. In brief, we find that people who file bankruptcy own automobiles at the same rate as the general population, and that they overwhelmingly indicate that they want to use …


The Impact Of Arizona V. Gant On Search And Seizure Law As Applied To Vehicle Searches, Michael C. Gizzi, R. Craig Curtis Dec 2019

The Impact Of Arizona V. Gant On Search And Seizure Law As Applied To Vehicle Searches, Michael C. Gizzi, R. Craig Curtis

University of Denver Criminal Law Review

No abstract provided.


Re(Writing) The Rules Of The Road: Reflections From The Journal Of Law And Mobility's 2019 Conference, Raphael Beauregard-Lacroix Oct 2019

Re(Writing) The Rules Of The Road: Reflections From The Journal Of Law And Mobility's 2019 Conference, Raphael Beauregard-Lacroix

Journal of Law and Mobility

On March 15th, 2019, the Journal of Law and Mobility, part of the University of Michigan’s Law and Mobility Program, presented its inaugural conference, entitled “(Re)Writing the Rules of The Road.” The conference was focused on issues surrounding the relationship between automated vehicles (“AVs”) and the law. In the afternoon, two panels of experts from academia, government, industry, and civil society were brought together to discuss how traffic laws should apply to automated driving and the legal person (if any) who should be responsible for traffic law violations. The afternoon’s events occurred under a modified version of the Chatham House …


Should Automakers Be Responsible For Accidents?, Kyle D. Logue May 2019

Should Automakers Be Responsible For Accidents?, Kyle D. Logue

Articles

Motor vehicles are among the most dangerous products sold anywhere. Automobiles pose a larger risk of accidental death than any other product, except perhaps opioids. Annual autocrash deaths in the United States have not been below 30,000 since the 1940s, reaching a recent peak of roughly 40,000 in 2016. And the social cost of auto crashes goes beyond deaths. Auto-accident victims who survive often incur extraordinary medical expenses. Those crash victims whose injuries render them unable to work experience lost income. Auto accidents also cause nontrivial amounts of property damage—mostly to the automobiles themselves, but also to highways, bridges, or …


Let’S Be Reasonable: The Consumer Expectations Test Is Simply Not Viable To Determine Design Defect For Complex Autonomous Vehicle Technology, Emily Frascaroli, John Isaac Southerland, Elizabeth Davis, Woods Parker Jan 2019

Let’S Be Reasonable: The Consumer Expectations Test Is Simply Not Viable To Determine Design Defect For Complex Autonomous Vehicle Technology, Emily Frascaroli, John Isaac Southerland, Elizabeth Davis, Woods Parker

Journal of Law and Mobility

Although highly automated vehicles (“HAVs”) have potential to reduce deaths and injuries from traffic crashes, product liability litigation for design defects in vehicles incorporating autonomous technology is inevitable. During the early stages of implementation, courts and juries will be forced to grapple with the application of traditional product liability principles to a never before experienced category of highly technical products. Recent decisions limiting the use of the consumer expectations test in cases involving complex products prompted the authors to examine more closely the history behind and the future viability of the consumer expectations test in HAV litigation.


The Deterrence Case For Comprehensive Automaker Enterprise Liability, Kyle D. Logue Jan 2019

The Deterrence Case For Comprehensive Automaker Enterprise Liability, Kyle D. Logue

Journal of Law and Mobility

This Article lays out the potential (at this point purely theoretical) deterrence benefits of replacing our current auto tort regime (including auto products liability law, driver-based negligence claims, and auto no-fault regimes) with a single, comprehensive automaker enterprise liability system. This new regime would apply not only to Level 5 vehicles, but to all automobiles made and sold to be driven on public roads. Because such a system would make automakers unconditionally responsible for the economic losses resulting from any crashes of their vehicles, it would in effect make automakers into auto insurers as well, although such a change will …


Are Wide Streets Negligent?, Michael Lewyn Jan 2019

Are Wide Streets Negligent?, Michael Lewyn

Scholarly Works

American commercial streets are typically designed to encourage rapid automobile traffic, thus making streets unsafe for pedestrians. In the 2016 case of Turturro v. City of New York, the New York Court of Appeals upheld a jury verdict against a city for failing to slow down such traffic. This article describes Turturro, but shows how limited its holding was: the Turturro court emphasized a city's failure to study traffic calming, so if a city studies its options adequately it can avoid liability even if its policies are unsuccessful.


Are Wide Streets Negligent?, Michael Lewyn Dec 2018

Are Wide Streets Negligent?, Michael Lewyn

Michael E Lewyn

American commercial streets are typically designed to encourage rapid automobile traffic, thus making streets unsafe for pedestrians. In the 2016 case of Turturro v. City of New York, the New York Court of Appeals upheld a jury verdict against a city for failing to slow down such traffic. This article describes Turturro, but shows how limited its holding was: the Turturro court emphasized a city's failure to study traffic calming, so if a city studies its options adequately it can avoid liability even if its policies are unsuccessful.


The Future Of Law And Mobility, Daniel A. Crane Jun 2018

The Future Of Law And Mobility, Daniel A. Crane

Articles

With the launch of the new Journal of Law and Mobility, the University of Michigan is recognizing the transformative impact of new transportation and mobility technologies, from cars, to trucks, to pedestrians, to drones. The coming transition towards intelligent, automated, and connected mobility systems will transform not only the way people and goods move about, but also the way human safety, privacy, and security are protected, cities are organized, machines and people are connected, and the public and private spheres are defined.


Keeping That Doggie In The (Car) Window Safe: Recommendations For Driving With Canine Companions, Phyllis Coleman May 2018

Keeping That Doggie In The (Car) Window Safe: Recommendations For Driving With Canine Companions, Phyllis Coleman

Pace Law Review

Part I of this article uses the empirical research of experts (animal behaviorists, ethologists, and cynologists) to explain reasons canine companions and their humans love riding together. It also highlights the potential risks when dogs distract drivers. Acknowledging that only a few studies exist, it provides whatever statistics are available and posits that data strongly suggest dogs who are roaming free in a car cause or at least contribute to many accidents. This means, in addition to drivers and passengers in other vehicles and even pedestrians, these animals represent a significant potential danger to themselves and occupants of their car …


Volkswagen's Bad Decisions & Harmful Emissions: How Poor Process Corrupted Codetermination In Germany's Dual Board Structure, Nicola Faith Sharpe Nov 2017

Volkswagen's Bad Decisions & Harmful Emissions: How Poor Process Corrupted Codetermination In Germany's Dual Board Structure, Nicola Faith Sharpe

Michigan Business & Entrepreneurial Law Review

This Article directly challenges the often argued proposition that Ger-many’s two-tier board of directors is superior to America’s single-tier board structure. It argues that regardless of structure, any decision-making body that lacks effective decision-making processes is at signifcant risk of failure, scandal, and ineffectiveness. Legal scholars and policymakers have largely ignored the connection between decision-making processes and the efficacy of corporate leadership. The Article is the first to examine this underexplored relationship in the context of the German dual-board.

Volkswagen’s 2015 emissions scandal provides a vehcicle to critcally assess the relationship between Germany’s two-tiered board and an effec-tive decision-making process. …


Greens Motorcade Museum Park Leppington, Ian C. Willis Oct 2017

Greens Motorcade Museum Park Leppington, Ian C. Willis

Ian Willis

One of the icons of the local area that has long disappeared was the car museum and picnic ground know as Greens Motorcade Museum Park at Leppington on the Old Hume Highway.


Judge Kozinski Objects, Beth H. Wilensky Sep 2017

Judge Kozinski Objects, Beth H. Wilensky

Articles

Sitting judges don’t get to practice law. So although they often opine on the dos and don’ts of effective advocacy, we rarely get to see them put their advice into practice. But a few years ago, a class-action lawsuit provided the rare opportunity to witness a federal judge acting as an advocate before another federal judge—if not in the role of attorney, then certainly in as close to that role as we are likely to see. Given the chance to employ his own advice about effective advocacy, would the judge—Alex Kozinski—practice what he preaches? Would his years of experience on …


Supply The Hand That Feeds: Narcotic Detection Dogs And The Fourth Amendment, Megan Yentes Jun 2017

Supply The Hand That Feeds: Narcotic Detection Dogs And The Fourth Amendment, Megan Yentes

Northern Illinois University Law Review

Police canines are highly valued by law enforcement agencies as they are capable of detecting the faintest scent of contraband. The Supreme Court has established that a canine sniff is not a "search" within the meaning of the Fourth Amendment, and as long as a canine has been formally trained by any "bona fide" organization, their positive alert provides law enforcement officials with the requisite probable cause to institute warrantless and invasive searches of automobiles. The Supreme Court's flawed approach was best summed up by Justice Souter when he stated, "The infallible dog, however, is a creature of legal fiction." …


Greens Motorcade Museum Park Leppington, Ian C. Willis Jan 2017

Greens Motorcade Museum Park Leppington, Ian C. Willis

Faculty of Law, Humanities and the Arts - Papers (Archive)

One of the icons of the local area that has long disappeared was the car museum and picnic ground know as Greens Motorcade Museum Park at Leppington on the Old Hume Highway.


Why Intra-Brand Dealer Competition Is Irrelevant To The Price Effects Of Tesla's Vertical Integration, Daniel A. Crane Jan 2017

Why Intra-Brand Dealer Competition Is Irrelevant To The Price Effects Of Tesla's Vertical Integration, Daniel A. Crane

Articles

"In recent years, Tesla Motors (recently renamed Tesla) has been engaged in a state-by-state ground way for the right to distribute it’s all-electric vehicles directly to consumers. The car dealers' lobby, with the political backing of General Motors, has fiercely battled back, relying on decades-old state dealer protection laws to argue that Tesla is legally bound to distribute through franchised dealers. Through a combination of favorable state legislative and judicial decisions, Tesla has won the right to distribute directly in many states, but remains categorically barred from direct distribution in important states like Michigan and Texas--and hence all direct distribution …


Deadly Waiting Game: An Environmental Justice Framework For Examining Natural And Man-Made Disasters Beyond Hurricane Katrina [Abstract], Robert D. Bullard Nov 2015

Deadly Waiting Game: An Environmental Justice Framework For Examining Natural And Man-Made Disasters Beyond Hurricane Katrina [Abstract], Robert D. Bullard

Robert D Bullard

Presenter: Robert D. Bullard, Ph.D., Professor of Sociology, Clark Atlanta University 1 page.


Coming To A Car Dealership Near You: Standardizing Event Data Recorder Technology Use In Automobiles, Kara Ryan Jun 2015

Coming To A Car Dealership Near You: Standardizing Event Data Recorder Technology Use In Automobiles, Kara Ryan

Chicago-Kent Law Review

Event Data Recorders are receiving more attention as owners of automobiles have begun to realize that their driving histories are recorded. Event Data Recorders are the “black boxes” in automobiles that are installed in the vast majority of vehicles currently on the road. In the majority of states, the restrictions on what information can be retrieved from Event Data Recorders and used by police officers, advertising firms, and insurance companies remains a gray area. State laws governing Event Data Recorder technology greatly fluctuates by jurisdiction. If Event Data Recorder information falls into the wrong hands, the possession of the data …


Splitting The Bill: Creating A National Car Insurance Fund To Pay For Accidents In Autonomous Vehicles, Carrie Schroll Apr 2015

Splitting The Bill: Creating A National Car Insurance Fund To Pay For Accidents In Autonomous Vehicles, Carrie Schroll

Northwestern University Law Review

While self-driving cars may seem like something that can exist only in a futuristic movie, the technology is developing rapidly, and many states already allow test runs of self-driving cars on state roads. Many car companies have announced that they will make self-driving cars available as early as 2020. However, several manufacturers of the self- driving car technology predict that personal ownership of vehicles will be replaced by a car-sharing system, where companies own the self-driving cars and rent them to consumers who pay per use. With more widespread introduction of this technology comes many questions about how to assess …


County Court, Westchester County, People V. Gant, Albert V. Messina Jr. Nov 2014

County Court, Westchester County, People V. Gant, Albert V. Messina Jr.

Touro Law Review

No abstract provided.


Tesla And The Car Dealers' Lobby, Daniel A. Crane Jun 2014

Tesla And The Car Dealers' Lobby, Daniel A. Crane

Articles

Tesla Motors, the offspring of entrepreneur Elon Musk (who brought us Pay-Pal and SpaceX), is the most exciting automotive development in many decades and a marquee story of American technological dynamism and innovation. The company’s luxury electric cars have caused a sensation in the auto industry, including a review by Consumer Reports calling Tesla’s Model S the best car it ever tested. Despite the acclaim, Tesla faces enormous challenges Despite the acclaim, Tesla faces enormous challenges in penetrating an automotive market that has been dominated for a century by internal combustion engines. Not only must it build cars that customers …


The Dormant Commerce Clause And California's Low Carbon Fuel Standard, Kathryn Abbott Sep 2013

The Dormant Commerce Clause And California's Low Carbon Fuel Standard, Kathryn Abbott

Michigan Journal of Environmental & Administrative Law

California’s Low Carbon Fuel Standard (LCFS), enacted as part of the State’s pioneering Global Warming Solutions Act (AB 32), purports to regulate the amount of carbon emissions associated with fuels consumed in the state. Part of this scheme involves assigning numeric scores to vehicle fuels reflecting the amount of carbon emissions associated with their production, transportation, and use. The scores are part of a “cap-and-trade” scheme to lower the state’s total amount of carbon emissions associated with fuel use. Out-of-state industry groups brought a challenge in the United States District Court for the Eastern District of California, alleging that the …


Internal Revenue Code Section 4061(B), Manufacturers' Excise Tax On Parts And Accessories Of Motor Vehicles, Jerome L. Bleiweis May 2013

Internal Revenue Code Section 4061(B), Manufacturers' Excise Tax On Parts And Accessories Of Motor Vehicles, Jerome L. Bleiweis

Pepperdine Law Review

No abstract provided.