Resolving The Dilemma Of Non-Justiciable Causation In Failure To Warn Litigation,
2010
Brooklyn Law School
Resolving The Dilemma Of Non-Justiciable Causation In Failure To Warn Litigation, Aaron D. Twerski, Neil B. Cohen
Faculty Scholarship
No abstract provided.
Locating The Regulation Of Data Privacy And Data Security,
2010
Brooklyn Law School
Locating The Regulation Of Data Privacy And Data Security, Edward J. Janger
Faculty Scholarship
No abstract provided.
Accessing Truth: Marketplaces Of Ideas In The Information Age,
2010
Loyola Law School, Los Angeles
Accessing Truth: Marketplaces Of Ideas In The Information Age, Nima Darouian
Cardozo Public Law, Policy & Ethics Journal
The article argues that the Internet comprises numerous distinct virtual marketplaces, each with unique regulatory frameworks and dynamics, which are essential for the dissemination of information and public welfare. Current legal doctrines, such as those in the Uniform Commercial Code (UCC), the Uniform Computer Information Transactions Act (UCITA), and the Principles of the Law of Software Contracts (PLSC), are insufficient to protect the public interest in these virtual marketplaces. The article proposes that courts adopt the Reichman-Franklin standard, which requires mass-market contracts and non-negotiable access agreements to be fair, reasonable, and aligned with the public interest in education, science, research, …
Locating The Regulation Of Data Privacy And Data Security,
2010
Brooklyn Law School
Locating The Regulation Of Data Privacy And Data Security, Edward J. Janger
Faculty Scholarship
No abstract provided.
The Content Of Consumer Law Classes Ii,
2010
St. John's University School of Law
The Content Of Consumer Law Classes Ii, Jeff Sovern
Faculty Publications
This paper reports on a 2010 survey of law professors teaching consumer protection, and follows up on a similar 2008 survey, which appeared in Jeff Sovern, The Content of Consumer Law Classes, 12 J. CONSUMER & COMMERCIAL L. 48 (No. 1 2008), available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1139894. The 2010 survey found more uniformity in topic selection than the 2008 survey. All thirteen professors who taught survey courses reported that they taught common law fraud, UDAP statutes, the Truth in Lending Act, and the Fair Credit Reporting Act, while all but one covered the Fair Debt Collection Practices Act, the Federal Trade …
Viewing Unconscionability Through A Market Lens,
2010
William & Mary Law School
Viewing Unconscionability Through A Market Lens, David Gilo, Ariel Porat
William & Mary Law Review
This Article calls for a move to a new phase in courts’ attitudes toward consumer contracts. Currently, courts applying the unconscionability doctrine to consumer contracts focus on the characteristics of the parties and the transaction. We suggest that rather than examining each consumer contract in isolation, courts should inquire whether there is competition, or potential competition, over contracts in the supplier’s market. As we show, competition over contracts is different from competition over products or services. In order to assess the degree of competition, or potential competition, over contracts, courts should look at the particular features of the supplier’s market …
The Intel And Microsoft Settlements,
2010
University of Baltimore School of Law
The Intel And Microsoft Settlements, Robert H. Lande
All Faculty Scholarship
This article briefly compares and contrasts the recent U.S. Federal Trade Commission's antitrust settlement with Intel, and the antitrust cases brought against Microsoft. The article praises the FTC's settlement with Intel, and predicts that history will judge it very favorably compared to the settlement by the U.S. Department of Justice of its antitrust case against Microsoft.
Armed And Dangerous: The Crime Of Mortgage Fraud And What Congress Must Do To Stop It,
2010
American University Washington College of Law
Armed And Dangerous: The Crime Of Mortgage Fraud And What Congress Must Do To Stop It, Gabriel Zitrin
Legislation and Policy Brief
Instead, it will simply argue that while the relevant monetary policymakers continue far too slowly in the pursuit of mortgage securities reform, lawmakers whose purview includes the housing sector should use this opportunity to pursue a two-part strategy of aggressively combating fraud in the terms and sales of individual mortgages and taking bold measures to ensure that not simply embattled mortgage-holders but the victims of fraudulent lending behavior can achieve financial sustainability, even as they keep ownership of their homes.
The Problem With The Solution: Why West Virginians Shouldn't "Settle" For The Uniform Debt Management Services Act,
2010
West Virginia University College of Law
The Problem With The Solution: Why West Virginians Shouldn't "Settle" For The Uniform Debt Management Services Act, Ryan Mccune Donovan
West Virginia Law Review
No abstract provided.
The Rise In Elder Bankruptcy Filings And Failure Of U.S. Bankruptcy Law,
2010
University of Michigan Law School
The Rise In Elder Bankruptcy Filings And Failure Of U.S. Bankruptcy Law, John A. E. Pottow
Law & Economics Working Papers
Recent empirical legal scholarship on the consumer bankruptcy system has uncovered a marked rise in the proportion of elder Americans filing for relief under the Bankruptcy Code. But these studies have not probed the reasons behind that rise, an omission this Article seeks to address. Professor John Pottow and colleagues recently assembled the new dataset of the Consumer Bankruptcy Project (CBP), the largest national sample of consumer debtors in this country, which he uses to explore the sources of elder bankruptcy. The findings are both striking and ominous. While multiple factors, such as health problems and medical debts, contribute to …
Leveraged Etfs: The Trojan Horse Has Passed The Margin-Rule Gates,
2010
Seattle University School of Law
Leveraged Etfs: The Trojan Horse Has Passed The Margin-Rule Gates, William M. Humphries
Seattle University Law Review
What do the Great Depression, the Great Recession, and the demise of Lehman Brothers and Bear Sterns all have in common? One word: leverage. The misuse of leverage, in all its forms, contributed greatly to all of these events. Yet even today, common investors can purchase a leveraged exchange-traded fund (leveraged ETF), a complex product that uses leverage to increase returns, without triggering applicable laws designed to regulate the use of leverage. This Comment articulates the basics surrounding the functions and operations of leveraged ETFs and margin rules in order to assess the compatibility of the two. The Comment argues …
Mobile Marketing Derailed: How Curbing Cell-Phone Spam In Satterfield V. Simon & Schuster May Have Banned Text-Message Advertising,
2010
University of Washington School of Law
Mobile Marketing Derailed: How Curbing Cell-Phone Spam In Satterfield V. Simon & Schuster May Have Banned Text-Message Advertising, Gareth S. Lacy
Washington Journal of Law, Technology & Arts
The risk of receiving cell-phone spam—in the form of unsolicited text messages—grows as advertisers increasingly target cell-phone users. The Telephone Consumer Protection Act of 1991 (TCPA) clearly prohibits unsolicited telephone calls made by an automated telephone dialing system (ATDS) without the recipient’s express prior consent. But until the Ninth Circuit’s decision in Satterfield v. Simon & Schuster, it was unclear how TCPA applied to text messages. Simon & Schuster argued their text messages were not “calls” under the TCPA and were not sent by an ATDS. The Ninth Circuit disagreed and held a text message is a “call.” The …
Bending Nature, Bending Law,
2010
University of South Carolina - Columbia
Arbitration Nation: Wireless Service Providers And Class Action Waivers,
2010
University of Washington School of Law
Arbitration Nation: Wireless Service Providers And Class Action Waivers, Alexander J. Casey
Washington Journal of Law, Technology & Arts
State consumer protection laws protect the public against unfair and deceptive trade practices. Plaintiffs seeking to invoke such consumer protection laws often bring class action suits to vindicate their rights. However, some jurisdictions have recently shown a willingness to enforce contract arbitration clauses that contain class action waivers. Such waivers prevent consumers from invoking class action status, and may also prevent them from enforcing relevant state consumer protection laws. Other courts, by contrast, have held that service contracts containing class action waivers violate relevant state consumer protection laws and are against public policy. Yet another group of courts facing the …
Reading The Product: Warnings, Disclaimers, And Literary Theory,
2010
William & Mary Law School
Reading The Product: Warnings, Disclaimers, And Literary Theory, Laura A. Heymann
Faculty Publications
No abstract provided.
Civil Liability For Misstatements In Offer Documents: Striking The Right Balance,
2010
Brigham Young University Law School
Civil Liability For Misstatements In Offer Documents: Striking The Right Balance, Joanna Khoo
Brigham Young University International Law & Management Review
No abstract provided.
Do The New Ftc Guidelines Go Too Far?,
2010
Seton Hall Law
Do The New Ftc Guidelines Go Too Far?, Andrew Fulop
Student Works
No abstract provided.
Future Imperfect: Googling For Principles In Online Behavioral Advertising,
2010
Indiana University Maurer School of Law
Future Imperfect: Googling For Principles In Online Behavioral Advertising, Brian Stallworth
Federal Communications Law Journal
In a remarkably short time, Google, Inc. has grown from two people working in a rented garage to a pervasive Internet force. Much of Google's unprecedented success stems from online advertising sales which employ behavioral advertising techniques-techniques that track consumer behavior--thereby increasing relevance and decreasing the cost of reaching a targeted audience. In the same span that saw Google's inception and explosive online dominance, the Federal Trade Commission has struggled to define not only the privacy issues involved in online behavioral advertising, but also the practice of behavioral advertising itself. Freed from the restraints of comprehensive federal laws and restrictive …
Behavioral Advertisement Regulation: How The Negative Perception Of Deep Packet Inspection Technology May Be Limiting The Online Experience,
2010
Indiana University Maurer School of Law
Behavioral Advertisement Regulation: How The Negative Perception Of Deep Packet Inspection Technology May Be Limiting The Online Experience, Andrea N. Person
Federal Communications Law Journal
Privacy concerns associated with information available on the Internet has become a central focus for policymakers in Washington, D.C., and around the world. Specifically, the use of deep packet inspection (DPI) technology to offer behavioral advertising on the Internet has become the focus of policy discussions. While there are legitimate concerns related to improper use of this technology, the benefits of the proper use of DPI should not be overlooked. This Note asks how increasing regulatory barriers to limit online behavioral advertising could affect the consumer's experience online. To answer this question, this Note first looks at what DPI is, …
Consumer Credit And Competition: The Puzzle Of Competitive Credit Markets,
2010
Brooklyn Law School
Consumer Credit And Competition: The Puzzle Of Competitive Credit Markets, Edward J. Janger, Susan Block-Lieb
Faculty Scholarship
No abstract provided.
