Amazon And Platform Antitrust,
2019
Fordham University School of Law
Amazon And Platform Antitrust, Ben Bloodstein
Fordham Law Review
With its decision in Ohio v. American Express, the U.S. Supreme Court for the first time embraced the recently developed, yet increasingly prolific, concept of the two-sided platform. Through advances in technology, platforms, which serve as intermediaries allowing two groups to transact, are increasingly ubiquitous, and many of the biggest tech companies operate in this fashion. Amazon Marketplace, for example, provides a platform for third-party vendors to sell directly to consumers through Amazon’s web and mobile interfaces. At the same time that platforms and their scholarship have evolved, a burgeoning antitrust movement has also developed which focuses on the …
Protecting Consumers As Sellers,
2019
University of Houston - Main
Protecting Consumers As Sellers, Jim Hawkins
Indiana Law Journal
When the majority of modern contract and consumer protection laws were written in the 1950s, ’60s, and ’70s, consumers almost always acted as buyers, and businesses almost always acted as sellers. As a result, these laws reflect a model of strong sellers and weak buyers. But paradigms are shifting. Advances in technology and constraints on consumers’ financial lives have pushed consumers into new roles. Consumers today often act as sellers—hawking gold to make ends meet, peddling durable goods on eBay, or offering services in the sharing economy to make a profit. Consumers and business models have changed, but the laws …
Intellectual Property Law And The Right To Repair,
2019
Suffolk University Law School
Intellectual Property Law And The Right To Repair, Leah Chan Grinvald, Ofer Tur-Sinai
Fordham Law Review
This Article posits that intellectual property law should accommodate consumers’ right to repair their products. In recent years, there has been a growing push towards state legislation that would provide consumers with a “right to repair” their products. Currently, twenty states have pending legislation that would require product manufacturers to make available replacement parts and repair manuals. Unfortunately, though, this legislation has stalled in many of the states. Manufacturers have been lobbying the legislatures to stop the enactment of these repair laws based on different concerns, including how these laws may impinge on their intellectual property rights. Indeed, a right …
Regulating Retirement: Understanding The Impact Of New Best Interest And Fiduciary Standards On Retail Investors,
2019
St. Mary's University School of Law
Regulating Retirement: Understanding The Impact Of New Best Interest And Fiduciary Standards On Retail Investors, Michael Lichtmacher
St. Mary's Law Journal
Abstract forthcoming
The Internet Of Bodies,
2019
William & Mary Law School
The Internet Of Bodies, Andrea M. Matwyshyn
William & Mary Law Review
This Article introduces the ongoing progression of the Internet of Things (IoT) into the Internet of Bodies (IoB)—a network of human bodies whose integrity and functionality rely at least in part on the Internet and related technologies, such as artificial intelligence. IoB devices will evidence the same categories of legacy security flaws that have plagued IoT devices. However, unlike most IoT, IoB technologies will directly, physically harm human bodies—a set of harms courts, legislators, and regulators will deem worthy of legal redress. As such, IoB will herald the arrival of (some forms of) corporate software liability and a new legal …
Net Neutrality And The European Union’S Copyright Directive For The Digital Single Market,
2019
Loyola Marymount University and Loyola Law School
Net Neutrality And The European Union’S Copyright Directive For The Digital Single Market, Nathan Guzé
Loyola of Los Angeles International and Comparative Law Review
The European Union’s Copyright Directive for the Digital Single Market should cause concern for net neutrality advocates. This article casts a critical gaze at Article 17 (previously Article 13) of this new Directive. It chronicles the Directive’s life: starting as a reaction to the perceived inadequate copyright protections provided by the previous Information Society Copyright Directive through to its then-present status circa May 2019. Next, net neutrality is defined, and its benefits and detriments are weighed to ultimately determine the policy is desirable. Article 17’s call for eliminating safe-harbor provisions for content hosts and its call for content filters signal …
Regulating Habit-Forming Technology,
2019
University of Detroit Mercy School of Law
Regulating Habit-Forming Technology, Kyle Langvardt
Fordham Law Review
Tech developers, like slot machine designers, strive to maximize the user’s “time on device.” They do so by designing habit-forming products— products that draw consciously on the same behavioral design strategies that the casino industry pioneered. The predictable result is that most tech users spend more time on device than they would like, about five hours of phone time a day, while a substantial minority develop life-changing behavioral problems similar to problem gambling. Other countries have begun to regulate habit-forming tech, and American jurisdictions may soon follow suit. Several state legislatures today are considering bills to regulate “loot boxes,” a …
Makeup Or Fakeup?: The Need To Regulate Counterfeit Cosmetics Through Improved Chinese Intellectual Property Enforcement,
2019
Fordham University School of Law
Makeup Or Fakeup?: The Need To Regulate Counterfeit Cosmetics Through Improved Chinese Intellectual Property Enforcement, Jennifer Lei
Fordham Law Review
This Note examines whether new developments in intellectual property enforcement are able to fix the notorious counterfeiting issue in China, particularly with counterfeit cosmetics. Counterfeit cosmetics are a threat to public safety in the United States and globally, especially as the cosmetics industry continues to expand. There are two opposing views on whether China’s intellectual property regime—in light of the 2017 to 2019 developments—is able to address the issue. This Note proposes that even with recent developments, current laws and enforcement methods do not reduce counterfeit production. Instead, this Note argues that the Chinese government should use educational campaigns to …
The "Natural" Response To Adjudicating Current Litigation When The Creation Of A Related Agency Rule Is Simultaneously Underway,
2019
Benjamin N. Cardozo School of Law
The "Natural" Response To Adjudicating Current Litigation When The Creation Of A Related Agency Rule Is Simultaneously Underway, Lauren Kostman
Cardozo Law Review
No abstract provided.
Table Of Contents,
2019
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Suing Guns Out Of Existence?,
2019
Bentley University
Suing Guns Out Of Existence?, Scott R. Thomas, Mystica M. Alexander
Washington and Lee Law Review Online
In an effort to address gun violence, activists and victims’ families have filed lawsuits against the firearms industry seeking damage awards for violence committed by third party unrelated actors. Although Congress passed the Protection of Lawful Commerce in Arms Act (PLCAA) in 2005 intending to foreclose such lawsuits, since the time of the law’s passage, plaintiffs have brought claims against the firearms industry seeking refuge in an exception embedded in the statute. In a March, 2019 decision, Soto v. Bushmaster Firearms International, LLC, the Connecticut Supreme Court found that the Connecticut Unfair Trade Practices Act fell within an exception …
Poole V. Nev. Auto Dealership Inv.’S, Llc, 135 Nev. Adv. Op. 39 (Sept. 5, 2019),
2019
University of Nevada, Las Vegas -- William S. Boyd School of Law
Poole V. Nev. Auto Dealership Inv.’S, Llc, 135 Nev. Adv. Op. 39 (Sept. 5, 2019), Petya Pucci
Nevada Supreme Court Summaries
The Court determined that under the Nevada Deceptive Trade Practices Act (“NDTPA”) , (1) “knowingly” means that “the defendant is aware that the facts exist that constitute the act or omission”, and (2) that a fact is “material” if either (a) “a reasonable person would attach importance to its existence or nonexistence in determining a choice of action in the transaction in question,” or b) “the defendant knows or has reason to know that the consumer regards or is likely to regard the matter as important in determining a choice of action, although a reasonable person may not so regard …
State, Dep’T Of Bus. & Indus. V. Titlemax, 135 Nev. Adv. Op. 44 (Sept. 26, 2019),
2019
University of Nevada, Las Vegas -- William S. Boyd School of Law
State, Dep’T Of Bus. & Indus. V. Titlemax, 135 Nev. Adv. Op. 44 (Sept. 26, 2019), Alexis Taitel
Nevada Supreme Court Summaries
In an en banc opinion, the Nevada Supreme Court answered whether title lender TitleMax’s Grace Period Deferment Agreement (“GPPDA”), which applied to short-term, high-interest loans offered to Nevada consumers in 2014 and 2015, qualified as a true grace period under NRS 604A.210. The Court concluded that the GPPDA was not a true grace period, but was instead an impermissible extension of the 210-day loans. The Court reasoned that the GPPDA was an extension because TitleMax charged borrowers additional interest during the extended period and thus violated NRS 604A.445, a statute enacted by the Nevada Legislature in part to protect consumers …
Deceptively Simple: The Arkansas Deceptive Trade Practices Act,
2019
University of Arkansas, Fayetteville
Deceptively Simple: The Arkansas Deceptive Trade Practices Act, Margaret E. Rushing
Arkansas Law Review
In the 2017 legislative session, the Arkansas General Assembly significantly changed the Arkansas Deceptive Trade Practices Act (“ADTPA”). These changes now prohibit private class actions under the ADTPA and require plaintiffs to prove additional elements of reliance and actual financial loss when bringing a claim. The changes appear to limit the ability of a consumer to bring a private action under the ADPTA. With these changes, Arkansas joins a minority of jurisdictions with deceptive trade practices acts that increase a plaintiff’s burden and restrict private class actions.
Revamping The Right To Be Informed: Protecting Consumers Under New Jersey's Truth-In-Consumer Contract, Warranty, And Notice Act*,
2019
University of Arkansas, Fayetteville
Revamping The Right To Be Informed: Protecting Consumers Under New Jersey's Truth-In-Consumer Contract, Warranty, And Notice Act*, Jessica Guarino
Arkansas Law Review
Prior to the 1960s, “courts were notorious for their insensitivity to consumer interests, while legislatures did little in the way of offering the consumer comprehensive protection against business fraud.”1 However, the tide of legislation began to turn in the 1960s as a movement for greater consumer protections finally reached the ears of an individual with a powerful voice: President John F. Kennedy.
The Equifax Data Breach: An Opportunity To Improve Consumer Protection And Cybersecurity Efforts In America,
2019
Buffalo Law Review
The Equifax Data Breach: An Opportunity To Improve Consumer Protection And Cybersecurity Efforts In America, Gregory S. Gaglione Jr.
Buffalo Law Review
No abstract provided.
Due Process Supreme Court Appellate Division Second Department,
2019
Touro University Jacob D. Fuchsberg Law Center
Due Process Supreme Court Appellate Division Second Department
Touro Law Review
No abstract provided.
Tacos, Tequila, And Tainted Alcohol? An Examination Of The Tainted Alcohol Problem In Mexico And What It Means For The American Tourist,
2019
University of Georgia School of Law
Tacos, Tequila, And Tainted Alcohol? An Examination Of The Tainted Alcohol Problem In Mexico And What It Means For The American Tourist, Tammy Le
Georgia Journal of International & Comparative Law
No abstract provided.
The Challenges Of Water Governance (And Privatization) In China; Normative Traps, Gaps, And Prospects,
2019
Chinese University of Hong Kong
The Challenges Of Water Governance (And Privatization) In China; Normative Traps, Gaps, And Prospects, Xu Qian
Georgia Journal of International & Comparative Law
No abstract provided.
Identities Lost: Enacting Federal Law Mandating Disclosure & Notice After A Data Security Breach,
2019
University of Arkansas, Fayetteville
Identities Lost: Enacting Federal Law Mandating Disclosure & Notice After A Data Security Breach, John Ogle
Arkansas Law Review
Identity theft is real, it’s here, and consumers need protection. Over the past five years hackers have stolen billions of consumers’ sensitive information like social security numbers, addresses, and bank routing numbers from companies that have neglected their security measures. Most of the time these security breaches are easily preventable. Companies sometimes wait weeks, months, or even years to inform the customers whose information was stolen because there is no federal law that requires disclosure. As of 2018, all 50 states have adopted security breach notification laws that require companies to inform consumers that their information may have been stolen …
