Michael Birnhack of Tel Aviv University has written S-M-L-XL Data: Big Data as a New Informational Privacy Paradigm. Here's the abstract: Can informational privacy law survive Big Data? A few scholars have pointed to the inadequacy of the current legal framework to Big Data, especially the collapse of notice and consent, the principles of data […]
Author Archives: Jeff Sovern
Jean Braucher of Arizona haas written Scamming Considered as One of the Exact Sciences: 19th Century American Literature Foreshadows Insights of Behavioral Economics. Here's the abstract: Nineteenth century American literary masters Edgar Allen Poe, Herman Melville, and Mark Twain (with co-author Charles Dudley Warner) all examined scamming in their largely pre-regulatory time. These authors made […]
by Jeff Sovern My colleague, Vincent DiLorenzo, has a piece in the New York Law Journal on the CFPB's qualified mortgages regulations.
We are grateful to Professor Kathleen C. Engel of Suffolk University Law School for providing this guest post on the International Association of Consumer Law biannual conference: Every two years, consumer law academics from around the world gather to present their research and discuss their countries’ credit markets and consumer protection laws. This year, the International […]
Daniel J. Solove of George Washington and Woodrow Hartzog of Samford's Cumberland School of Law and Stanford's Center for Internet and Society have written The FTC and the New Common Law of Privacy, forthcoming in the Columbia Law Review. Here's the abstract: One of the great ironies about information privacy law is that the primary regulation […]
by Jeff Sovern One of the things Ira Rheingold and I wrote about in our Times op-ed earlier this summer was the need to require lenders that furnish information to conduct better investigations when they receive complaints about inaccurate information supplied to credit bureaus. Today, the CFPB issued a bulletin about the duties of furnishers. […]
M. Ryan Calo of Washington has written Digital Market Manipulation. Here's the abstract: Jon Hanson and Douglas Kysar coined the term “market manipulation” in 1999 to describe how companies exploit the cognitive limitations of consumers. Everything costs $9.99 because consumers see the price as closer to $9 than $10. Although widely cited by academics, the […]
by Jeff Sovern Acxiom is about to let you find out some of what it knows about you, as this Times story by Natasha Singer reports. Other data brokers should emulate Acxiom and enable consumers to learn what they know about them And if they refuse to do so, Congress should pass legislation requiring them to tell us […]
John A. E. Pottow of Michigan, and two recent graduates, Jacob Brege and Tara J Hawley, have written A Presumptively Better Approach to Arbitrability, 53 Canadian Business Law Journal (2013). Here's the abstract: One of the most complex problems in the arbitration field is the question of who decides disputes over the scope of an arbitrator’s […]
Nathan Cortez of SMU has written Do Graphic Tobacco Warnings Violate the First Amendment? 64 Hastings L. J. (2013). Here's the abstract: When Congress passed the nation’s first comprehensive tobacco bill in 2009, it replaced the familiar Surgeon General’s warnings, last updated in 1984, with nine blunter warnings. The law also directed the U.S. Food […]