The rise of big data and artificial intelligence creates novel and unique opportunities for business to consumer (B2C) transactions. Businesses assemble or otherwise gain access to comprehensive sets of data on consumer preferences, behavior, and resources.
In recent years, scholars have devoted increasing attention to the prospect of personalized law. The bulk of the literature has so far concerned whether to personalize any law and, if so, what substantive changes should be instantiated through personalization.
For many financial products, such as loans and insurance policies, companies distinguish between people based on their different risks and returns. However, the ability to distinguish between people by trying to predict future behavior or profitability of a contract is often restrained by legal rules that aim to prevent certain types of discrimination.
Many people experience self-control problems in domains from saving money to losing weight.
Big data has become an important resource not only in the commercial sphere but also in the legal one. Governance-by-data can take many forms, including setting enforcement priorities, affecting methods of proof, and even changing the content of legal norms.
Every criminal case is part of a larger personal story—some headline-grabbing, some entirely mundane; yet each narrative is important to how the criminal justice system assesses an individual’s level of culpability.
Personalized law is an old concept. The idea that the law should be tailored to better fit the relevant context to which it applies is obvious and has been around as long as the idea of law itself.
Mandated disclosures are probably one of the most widely used regulatory tools in consumer law and data privacy law on both sides of the Atlantic.