18265 research outputs found
Sort by
Give It Back: Title in Digital Property, in The Cambridge Handbook of Emerging Issues at the Intersection of Commercial Law and Technology (Stacy-Ann Elvy & Nancy S. Kim eds., 2025)
No full textThe Cambridge Handbook of Emerging Issues at the Intersection of Commercial Law and Technology is a timely and interdisciplinary examination of the legal and societal implications of nascent technologies in the global commercial marketplace. Featuring contributions from leading international experts in the field, this volume offers fresh and diverse perspectives on a range of topics, including non-fungible tokens, blockchain technology, the Internet of Things, product liability for defective goods, smart readers, liability for artificial intelligence products and services, and privacy in the era of quantum computing. This work is an invaluable resource for academics, policymakers, and anyone seeking a deeper understanding of the social and legal challenges posed by technological innovation, as well as the role of commercial law in facilitating and regulating emerging technologies.https://scholarlycommons.law.wlu.edu/fac_books/1204/thumbnail.jp
Cultivating Legal Protection: Replacing Wine Labeling Regulations with Regional Certification Marks
Get PDFWhile wine labeling in the United States is currently governed by a complex regulatory framework administered by the Alcohol and Tobacco Tax and Trade Bureau (“TTB”), intellectual property (“IP”) rights for wine producing regions could serve this core function of protecting consumers better and more efficiently. Regulating wine labeling through IP would more closely mirror the system used by the European Union, which recognizes Geographical Indications, such as Champagne, Rioja, and Bordeaux, as a unique form of IP. By deregulating American wine labeling, and encouraging wine producing regions to assert their IP rights in the form of collectively held certification marks, (1) vintners will be free to define the standards for their own regions, (2) the force and effect of these standards will be increased extraterritorially, (3) the cost of enforcement for these standards will be shifted from the public sector to the private sector, and (4) there will be widespread economic benefits for many geographic regions in the form of tourism and regional growth
Regulating Robo-Advisors in an Age of Generative Artificial Intelligence
Get PDFNew generative artificial intelligence (“AI”) tools can increasingly engage in personalized, sustained, and natural conversations with users. This technology has the capacity to reshape the financial services industry, making customized expert financial advice broadly available to consumers. However, AI’s ability to convincingly mimic human financial advisors also creates significant risks of large-scale financial misconduct. Which of these possibilities becomes reality will depend largely on the legal and regulatory rules governing “robo-advisors” that supply fully automated financial advice to consumers.
This Article consequently critically examines this evolving regulatory landscape, arguing that current U.S. rules fail to adequately limit the risk that robo-advisors powered by generative AI will convince large numbers of consumers to purchase costly and inappropriate financial products and services. Drawing on general principles of consumer financial regulation and the European Union’s recently enacted AI Act, the Article proposes addressing this deficiency through a dual regulatory approach: a licensing requirement for robo-advisors that use generative AI to help match consumers with financial products or services, and heightened ex post duties of care and loyalty for all robo-advisors. This framework seeks to appropriately balance the transformative potential of generative AI to deliver accessible financial advice with the risk that this emerging technology may significantly amplify the provision of conflicted or inaccurate advice
Life in Limbo: Cryptocurrency and FOSTA as the Pillars of Cyber-Trafficking
Get PDFAs the internet continually advances into Web 3.0, human traffickers thrive in using online platforms to prey on their victims, creating a new form of human trafficking: cyber-trafficking. In 2018, Congress passed the Fight Online Sex Trafficking Act (“FOSTA”) to dampen the stringent protection that 47 U.S.C. § 230 (“Section 230”) offered to internet intermediaries in cyber-trafficking litigation. However, Congress’s intended effect in passing FOSTA failed, as courts continue to interpret FOSTA narrowly, upholding the stringent protection that Section 230 offers internet intermediaries. Beyond FOSTA’s indifferent impact, governmental bodies struggle adapting to Web 3.0’s landscape, neglecting to intervene with traffickers’ use of cryptocurrency’s de-regulated nature to target victims. Consequently, FOSTA and cryptocurrency act as pillars reinforcing cyber-trafficking. Governmental bodies and courts must swing their ideological pendulums to adjust to the early age of Web 3.0 to protect potential victims from cyber-trafficking
Verfassungsorte: Stationen auf dem Weg zur deutschen Demokratie (2025)
No full textIn-depth insights into 26 historical sites that shaped the development of German democracy. This visually stunning illustrated book depicts important milestones in German constitutional history at specific locations and buildings, encompassing events from the election of the emperor and the eternal Reichstag, through the draft constitutions of the 19th century and the Weimar Constitution, to the adoption of the Grundgesetz 75 years ago and the integration of the German Constitution into the European institutions. Photographs by Alexander Telesniuk showcase the architectural beauty and symbolic significance of these sites. Unique compendium of 26 sites where German history was written In-depth texts by renowned experts Exclusive, large-format photos with historical images
This illustrated book is a must-have for anyone interested in German history and politics and a homage to democracy.
Available in English as Constitutional Places: Landmarks on the Road to German Democracy, upon request from Markus Lang ([email protected]).https://scholarlycommons.law.wlu.edu/fac_books/1207/thumbnail.jp
Poverty, Fresh Starts, and the Social Safety Net
No full textFor decades low-income families have relied on the filing of individual income tax returns to claim critical social welfare benefits in the form of refundable tax credits, most notably the Earned Income Tax Credit and the Child Tax Credit. But what happens to those families when the social safety net is not enough to meet their financial obligations, and they must seek a fresh start by filing for bankruptcy?
This Article, at the intersection of tax law, bankruptcy law, and the social safety net, examines the ways in which state bankruptcy laws treat refundable tax credits when an individual debtor files for bankruptcy. There is no federal bankruptcy exemption available to protect a debtor’s entitlement to refundable tax credits; the split over whether states provide such an exemption or not results in inconsistency across the country depending on where a debtor resides.
State legislation and case law from U.S. bankruptcy courts provide a critical lens through which to view the tax-based social safety net, highlighting the evolving way in which lawmakers and judges have come to view refundable tax credits. This Article draws upon these perspectives to consider legislative models that might provide more robust protection for debtors who are entitled to these refundable credits, enabling them to better pursue a fresh start
A Call for Canceling Compassionate Release and Restoring Federal Parole
No full textThe current federal sentencing scheme is a patchwork quilt of provisions that grant judges virtually unfettered and unreviewable discretion imposing sentences on the front-end and in granting compassionate release on the back end. It was not designed in the beginning to be this way. The advisory-only sentencing guidelines scheme we have now resulted from the Supreme Court’s finding that mandatory guidelines violated the Constitution. The recent sentencing reform movement—of which compassionate release is a significant part—has sought to find ways of ameliorating what is seen as the draconian result of the war on drugs. The question is whether granting Article III judges, appointed for life, unlimited discretion on both the front and back ends of sentencing is wise. This Article suggests not. Rather, it argues we should consider reinstituting a reconstituted form of parole to place back-end changes in sentences in the discretion of parole boards. By placing the discretion in parole boards, acting under the executive branch of government, it rebalances power between the branches of government. Parole boards would be better equipped than judges to investigate and evaluate the merits of motions for compassionate release and would be democratically more responsive to the people indirectly through the ballot box. The danger of allowing the authority to grant compassionate release to remain with judges, of vesting unchecked power with judges to determine both the front-end sentence, and back-end motions for release from prison, is arbitrary justice that leads to unwarranted sentencing disparities
