Consumer Protection Law Commons^™

Rethinking Criminal Contempt In The Bankruptcy Courts, John A. E. Pottow, Jason S. Levin

Law & Economics Working Papers

A surprising number of courts believe that bankruptcy judges lack authority to impose criminal contempt sanctions. We attempt to rectify this misunderstanding with a march through the historical treatment of contempt-like powers in bankruptcy, the painful statutory history of the 1978 Bankruptcy Code (including the exciting history of likely repealed 28 U.S.C. § 1481), and the various apposite rules of procedure. (Fans of the All Writs Act will delight in its inclusion.) But the principal service we offer to the bankruptcy community is dismantling the ubiquitous and persistent belief that there is some form of constitutional infirmity with "mere" bankruptcy …

Self-Driving Cars: Autonomous Technology That Needs A Designated Duty Passenger, Michelle L.D. Hanlon

Barry Law Review

No abstract provided.

Dodd-Frank Repeal Unappealing For Homeowners, David J. Reiss

Cornell Law Faculty Working Papers

No abstract provided.

Gorsuch, Cfpb And Future Of The Administrative State, David J. Reiss

Cornell Law Faculty Publications

U.S. Supreme Court nominee Judge Neil Gorsuch would have an outsized influence on federal consumer protection enforcement if he is confirmed. In particular, if PHH v. Consumer Financial Protection Bureau is appealed to the Supreme Court, a Justice Gorsuch is likely to vote to strongly curtail the independence of the Consumer Financial Protection Bureau and limit its enforcement powers. More generally, he will be a skeptic of agency action, one who will support greater judicial review of agency actions.

Rethinking Children's Advertising Policies For The Digital Age, Angela J. Campbell

Georgetown Law Faculty Publications and Other Works

This article describes major changes in how video content and advertising is delivered to consumers. Digital technologies such as broadband allow consumers to stream or download programming. Smart phones and tablets allow consumers to view screen content virtually anywhere at any time. Advertising has become personalized and integrated with other content.

Despite these major changes in the media markets, the framework for regulating advertising to children has not changed very much since the 1990s. This article argues that the existing regulatory framework must be reinvented to protect children in the digital age. It uses Google’s recently introduced YouTube Kids app …

Toward A Fourth Law Of Robotics: Preserving Attribution, Responsibility, And Explainability In An Algorithmic Society, Frank A. Pasquale

Faculty Scholarship

No abstract provided.

The Politics Of Professionalism: Reappraising Occupational Licensure And Competition Policy, Sandeep Vaheesan, Frank A. Pasquale

Faculty Scholarship

No abstract provided.

Antitrust And Consumer Protection, Leslie Sara Hyman, Matthew J. Mcgowan

Student Scholarship

Consumer welfare is the common concern of antitrust laws and the Texas Deceptive Trade Practices—Consumer Protection Act (DTPA). Antitrust, however, is primarily addressed to the misuse of market power to harm consumers, while the DTPA focuses on consumer harm brought about through deception.2 Antitrust laws and the DTPA, therefore, are best viewed as focusing on complementary aspects of consumer welfare.

This article covers significant developments under the federal and Texas antitrust laws and the DTPA during the Survey period—December 1, 2015 through November 30, 2016.

Commercial Creations: The Role Of End User License Agreements In Controlling The Exploitation Of User Generated Content, 16 J. Marshall Rev. Intell. Prop. L. 382 (2017), Neha Ahuja

UIC Review of Intellectual Property Law

This article considers the current licensing regime used to control the exploitation of copyright protected works within the online interactive entertainment sector—particularly virtual worlds including multiplayer online games—to further author new copyrightable works. This article aims to identify the gaps that have arisen on account of the nature of these subsequently authored works and the potential for their exploitation under the said licensing regime. Users and the proprietors of virtual worlds often end up in conflict over the monetization and commercialization of user generated content on account of contradictory yet overlapping rights created by copyright law when controlled by contract …

Peeling Back The Student Privacy Pledge, Alexi Pfeffer-Gillett

Scholarly Articles

Education software is a multi-billion dollar industry that is rapidly growing. The federal government has encouraged this growth through a series of initiatives that reward schools for tracking and aggregating student data. Amid this increasingly digitized education landscape, parents and educators have begun to raise concerns about the scope and security of student data collection.

Industry players, rather than policymakers, have so far led efforts to protect student data. Central to these efforts is the Student Privacy Pledge, a set of standards that providers of digital education services have voluntarily adopted. By many accounts, the Pledge has been a success. …

What We Buy When We "Buy Now", Aaron K. Perzanowski, Chris Jay Hoofnagle

Faculty Publications

Retailers such as Apple and Amazon market digital media to consumers using the familiar language of product ownership, including phrases like “buy now,” “own,” and “purchase.” Consumers may understandably associate such language with strong personal property rights. But the license agreements and terms of use associated with these transactions tell a different story. They explain that ebooks, mp3 albums, digital movies, games, and software are not sold, but merely licensed. The terms limit consumers' ability to resell, lend, transfer, and even retain possession of the digital media they acquire. Moreover, unlike physical media products, access to digital media is contingent …

Using Data Exclusivity Grants To Incentivize Cumulative Innovation Of Biologics' Manufacturing Processes, Eric Lawrence Levi

American University Law Review

No abstract provided.

Low Income Household Energy Assistance Program: Working To Ensure Protection For The Future, Benjamin P. Mayers

Loyola Consumer Law Review

No abstract provided.

The High Price Of Free Trade: Country-Of-Origin Labeling And The World Trade Organization, Thomas Gremillion

Loyola Consumer Law Review

In 2015, the United States lost a case before the World Trade Organization (WTO) worth over a billion dollars. Facing the threat of sanctions from Canada and Mexico, Congress acted quickly to repeal the offending measure, which required country-of-origin labeling (COOL) for beef and pork products. Specifically, the law required retailers to label products with information on where animals were born, raised, and slaughtered. The WTO Appellate Body reasoned that the costs of complying with COOL, potential labeling inaccuracies, and the law's exemptions for restaurants and smaller stores, made COOL an illegal trade barrier. While the Appellate Body recognized that …

Scotus Will Soon Decide Whether Class Waivers Are Enforceable, Rahmon Brown

Loyola Consumer Law Review

No abstract provided.

Corporate America Studies Abroad: An Incentive Analysis Of Tax Inversion And The Costs To Consumers, Thomas J K Schick

Loyola Consumer Law Review

No abstract provided.

Losing Loved Ones And Your Livelihood: Re-Evaluating Filial Responsibility Laws, Kara Wenzl

Loyola Consumer Law Review

No abstract provided.

Table Of Contents, Loyola Consumer Law Review

Loyola Consumer Law Review

No abstract provided.

Deregulating Arbitration, David L. Noll

Loyola Consumer Law Review

In the aftermath of the November 2016 election, commentators predicted that regulation of arbitration by federal administrative agencies would halt in its tracks. But something more interesting happened. Instead of stopping agency arbitration regulation, Trump’s election and Republicans’ defense of their House and Senate majorities balkanized it. The new administration has rolled back some Obama-era rules, but other efforts to undo agency arbitration regulations have faltered at the administrative level or in the courts. This Article—based on remarks delivered at the Loyola Consumer Law Review 2017 symposium—maps the terrain of agency arbitration regulation under Trump and discusses why some efforts …

Interpreting The "Reasonable Number Of Repair Attempts" Standard In Lemon Law Arbitrations, Mark Hanin, Carter Greenbaum, Jeremy Aron-Dine

Loyola Consumer Law Review

No abstract provided.

Autonomy And Accountability: Why Informed Consent, Consumer Protection, And Defunding May Beat Conversion Therapy Bans, Melissa Ballengee Alexander

Faculty Articles

No abstract provided.

Wearables And Personal Health Data: Putting A Premium On Your Privacy, Alexandra Troiano

Brooklyn Law Review

Recently, insurance companies have gained greater insight into their policyholders’ health habits by incentivizing them to take steps towards a healthier lifestyle through the use of wearable devices. This note addresses the recent trend of insurance companies that offer discounts to policyholders who use Fitbits, or other wearable wristbands, to track and report health information. At first glance, this idea seems like a win-win for insurance companies and policyholders–insurance companies can reduce risk by encouraging healthier habits for their policyholders, and policyholders receive discounts on their health insurance. Despite this synergy, however, this type of program threatens personal privacy, particularly …

"No Money Down" Bankruptcy, Pamela Foohey, Robert M. Lawless, Katherine Porter, Deborah Thorne

Articles by Maurer Faculty

This Article reports on a breakdown in access to justice in bankruptcy, a system from which one million Americans will seek help this year. A crucial decision for these consumers will be whether to file a chapter 7 or chapter 13 bankruptcy. Nearly every aspect of their bankruptcies — both the benefits and the burdens of debt relief — will be different in chapter 7 versus chapter 13. Almost all consumers will hire a bankruptcy attorney. Because they must pay their attorneys, many consumers will file chapter 13 to finance their access to the law, rather than because they prefer …

Cross-Border Insolvency In The U.S. And U.K.: Conflicting Approaches To Defining The Locus Of A Debtor's Center Of Main Interests, Bryan Rochelle

The International Lawyer

No abstract provided.

Table Of Contents, Loyola Consumer Law Review

Loyola Consumer Law Review

No abstract provided.

Always-Listening Technologies: Who Is Listening And What Can Be Done About It?, Arielle M. Rediger

Loyola Consumer Law Review

No abstract provided.

Table Of Contents, Loyola Consumer Law Review

Loyola Consumer Law Review

No abstract provided.

Regulating Death: Occupational Licensing And Efficiency In The Deathcare Industry, Gale B. Robinson Jr

Loyola Consumer Law Review

No abstract provided.

Online (No)Privacy Rules, Rahmon Brown

Loyola Consumer Law Review

No abstract provided.

How The Supreme Court's Misconstruction Of The Faa Has Affected Consumers, Margaret L. Moses

Loyola Consumer Law Review

No abstract provided.