Topic
Consumer Protection
Posts
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NoteVol. 103 · Iss. 3
Is Dealmaking Going Out of Fashion? The Impact of the FTC-Tapestry, Inc. Litigation on M&A Activity in the Fashion Industry
Anyone who has watched The Devil Wears Prada remembers the iconic scene where Miranda Priestly, the editor-in-chief of a fashion magazine, disparages Andy, her…
Beverly Rose Lobo -
ArticleVol. 103 · Iss. 3
Consumer Agents
In the twenty-first-century economy, individuals need market help that they are not getting. The technology has long existed for a browser plug-in that would…
Rory Van Loo -
NoteVol. 103 · Iss. 2
The Evolution of Standing and the Need for Foundational Realism: A Historical Inquiry from Hayburn to Harvard
This Note traces the Supreme Court’s evolving approach to standing—from the early, unresolved procedural issues raised in Hayburn’s Case to today’s pivotal decisions, such…
Elliot A. Mermel -
ArticleVol. 102 · Iss. 5
Woke-Washing at Work
In the modern era, corporate marketing and branding processes frequently encompass a public commitment to progressive social causes favored by a firm’s base of…
Peggie Smith & Marion Crain -
ArticleVol. 101 · Iss. 5
Anticompetitive Healthcare
American healthcare is known for insufficient competition, high prices, and porous quality. This landscape seems to have not only degraded consumer welfare in general…
Gregory Day -
ArticleVol. 100 · Iss. 3
The Disembodied First Amendment
Abstract First Amendment doctrine is becoming disembodied—increasingly detached from human speakers and listeners. Corporations claim that their speech rights limit government regulation of everything…
Nathan Cortez & William Sage -
ArticleVol. 100 · Iss. 1
Dynamic Pricing Algorithms, Consumer Harm, and Regulatory Response
Abstract Pricing algorithms are rapidly transforming markets, from ride-sharing, to air travel, to online retail. Regulators and scholars have watched this development with a…
Alexander MacKay & Samuel Weinstein -
NoteVol. 99 · Iss. 5
The $500 eBook: How Copyright and Antitrust Law Failed America’s Libraries Extending First Sale Doctrine Protections To Libraries’ eBook Purchases Or Implementing Price Caps As Alternative Solutions To Lower eBook Costs
INTRODUCTION Libraries are a fixture in American communities that people sometimes take for granted. People expect to find books on the shelves, computers for…
Ali Petot -
NoteVol. 99 · Iss. 5
Robocalls Have Been Blocked, But Businesses Can-Spam Emails with Little Regulation
INTRODUCTION As the Supreme Court stated in the 2020 case Barr v. American Association of Political Consultants, “Americans passionately disagree about many things. But…
Drew Smith -
ArticleVol. 99 · Iss. 3
A Duty of Loyalty for Privacy Law
ABSTRACT Data privacy law fails to stop companies from engaging in self-serving, opportunistic behavior at the expense of those who trust them with their…
Neil Richards & Woodrow Hartzog -
ArticleVol. 99 · Iss. 2
Title Insurance: Protecting Property at What Price?
ABSTRACT The real property recording system is designed to protect purchasers and mortgagees against defects in title. Navigating that system is beyond the capacity…
Stewart E. Sterk -
NoteVol. 99 · Iss. 2
The Rise of the Data-Opoly: Consumer Harm in the Digital Economy
Introduction Our antitrust laws are a product of their time. Beginning in the 1870s, fundamental changes in transportation, communications, population growth, production technology, business…
Benjamin Fischer