Article

Print
Article
86.2
Implementing Personalized Law: Personalized Disclosures in Consumer Law and Data Privacy Law
Christoph Busch
Professor of Law at the University of Osnabrück, Germany.

I am grateful to the participants of The University of Chicago Law Review Symposium on Personalized Law organized by Omri Ben-Shahar, Anthony Casey, Ariel Porat, and Lior Strahilevitz in April 2018 for their very helpful comments and suggestions. I would also like to thank Alberto De Franceschi and the participants of the conference on Granular Legal Norms at Villa Vigoni in March 2017 for their insightful inputs.

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.

Print
Article
86.2
Algorithmic Fair Use
Dan L. Burk
Chancellor’s Professor of Law, University of California, Irvine; 2017–2018 US-UK Fulbright Cybersecurity Scholar.

My thanks to members of the Oxford Internet Institute’s Digital Ethics Lab, participants in the Cambridge Faculty of Law CIPIL Intellectual Property Seminar Series, participants in the session on “Data Commons, Privacy, and Law” at the ECREA Digital Culture and Communication Section Conference, as well as to Oren Bracha,Pamela Samuelson, and participants in the CyberProf listserv conversation on algorithmic fair use for helpful discussion in preparation of this Essay. Portions of this research were made possible by support from the US-UK Fulbright Commission.

Law, like other human artifacts, is costly to produce, to distribute, and to apply.

Print
Article
86.2
Personalizing Mandatory Rules in Contract Law
Omri Ben-Shahar
Leo and Eileen Herzel Professor of Law, The University of Chicago.

We thank Oren Bar-Gill and participants in The University of Chicago Law Review Symposium on Personalized Law for their comments, and Tal Abuloff and Tom Zur for excellent research assistance.

Ariel Porat
Alain Poher Professor of Law at Tel Aviv University and Fischel-Neil Distinguished Visiting Professor of Law at The University of Chicago.
Mandatory rules in contract law are meant to protect people from “bad” terms.
Print
Article
86.2
Algorithmic Price Discrimination When Demand Is a Function of Both Preferences and (Mis)perceptions
Oren Bar-Gill
William J. Friedman and Alicia Townsend Friedman Professor of Law and Economics, Harvard Law School.

For helpful comments and suggestions, I would like to thank Omri Ben-Shahar, Yochai Benkler, Ryan Bubb, Glenn Cohen, Hanoch Dagan, Avihay Dorfman, Noah Feldman, Meirav Furth-Matzkin, Assaf Hamdani, Howell Jackson, Louis Kaplow, Alon Klement, Roy Kreitner, Tamar Kricheli-Katz, Adi Leibovitch, Adi Libson, Da Lin, Ariel Porat, Mark Ramseyer, Steve Shavell, Holger Spamann, Cass Sunstein, Doron Teichman, Eyal Zamir, and workshop and conference participants at Harvard University, Hebrew University, New York University, Tel-Aviv University, The University of Chicago, and the annual meeting of the Israeli Law and Economics Association.

To maximize profits, sellers like to engage in price discrimination—to set higher prices for consumers who are willing to pay more and lower prices for consumers who are willing to pay less.
Print
Article
86.1
Taking Data
Michael C. Pollack
Assistant Professor of Law, Benjamin N. Cardozo School of Law.

I am grateful to Miriam Baer, William Baude, Maureen Brady, Christopher Buccafusco, David Carlson, Nestor Davidson, Myriam Gilles, Ben Grunwald, Daniel Hemel, Michael Herz, Orin Kerr, Timothy Mulvaney, Luke Norris, John Rappaport, Shelley Ross Saxer, Ric Simmons, Edward Stein, James Stern, Stewart Sterk, Lior Strahilevitz, Matthew Tokson, Felix Wu, Stephen Yelderman, and participants in the AALS New Voices in Property Law Workshop, Cardozo Junior Faculty Workshop, Law and Society Annual Meeting, Mid-Atlantic Junior Faculty Forum at the University of Richmond Law School, and Southeastern Association of Law Schools New Scholars Workshop for their guidance, suggestions, comments, and critiques. I thank the Stephen B. Siegel Program in Real Estate Law for research support.

On February 16, 2016, a federal court ordered Apple to “assist law enforcement agents in enabling the search” of an iPhone that had been lawfully seized during the investigation into a mass shooting in San Bernardino, California.

Print
Article
86.1
An Empirical Analysis of Sexual Orientation Discrimination
J. Shahar Dillbary
Professor of Law at The University of Alabama School of Law. BA in Law, LLB in Economics, Bar-Ilan University; LLM, JSD, The University of Chicago Law School

We would like to thank Yonathan Arbel, Ronen Avraham, David Bernstein, Bill Brewbaker, the Honorable Joseph Colquitt, Mirit Eyal-Cohen, Richard Delgado, Bryan Fair, Ron Krotoszynski, Susan Lyons, Jonathan Nash, Caryn Roseman, Stephen Rushin, Daiquiri Steele, Fred Vars, the participants in the 2017 Midwestern Law and Economics Association Conference, the 2018 American Law and Economics Association Conference and the Consumer Financial Protection Bureau’s combined Workshop on Fair Lending and the Office of Research for their helpful comments; and Shannon McLaughlin, Joshua Polk, Laura Stephenson, and Nic Nivison for their excellent research assistance. We also want to thank an anonymous referee for insightful comments and suggestions. We are indebted to Blake Beals for his help in assembling the municipal database. Authors are ordered alphabetically.

Griffin Edwards
Assistant Professor of Business at The University of Alabama, Birmingham, Collat School of Business. PhD in Economics, Emory University.
Twenty years ago, a gay couple entered their local bank in Arroyo Grande, California to ask for a mortgage loan.
Print
Article
85.8
The Constitutionality of Income-Based Fines
Alec Schierenbeck
JD, Stanford Law School, 2015

The author thanks Robert Weisberg, Beth Colgan, Alexandra Brodsky, Emma Kaufman, Andrew Rohrbach, and Gary Dyal for their generous guidance and comments. Special thanks to the student editors who labored to improve this piece: John Butterfield, Megan Coggeshall, Blake Eaton, Carly Gibbs, Jordan G. Golds, Jing Jin, Matthew LaGrone, Valentina Oliver, Eric Petry, Kimon Triantafyllou, and Lael Weinberger. All errors are mine.

When Americans break the law—whether it’s a minor offense like littering or a serious crime like felony assault—they tend to face the same financial penalties, no matter their income.

Online
Article
Online 86
How Probable is “Plausible”?
Daniel A. Epstein
Attorney at Jenner & Block LLP

My thanks to William H. J. Hubbard, Anthony J. Casey, Vincent S.J. Buccola, Drew H. Bailey, Nora E. Becerra, Huiyi Chen, Eric E. Petry, Vaughn Olson, and Nathaniel K.S. Wackman for comments and criticisms of earlier drafts; to Emily Samra for assistance with research; and to the staff of The University of Chicago Law Review for helping to get this Article into final form.

Print
Article
85.7
Is Efficiency Biased?
Zachary Liscow
Associate Professor, Yale Law School

Thanks to Bruce Ackerman, Matt Adler, Anne Alstott, Ian Ayres, Bob Cooter, Dan Farber, Lee Fennell, Ed Fox, Heather Gerken, Jacob Goldin, Michael Graetz, Andrew Hayashi, Christine Jolls, Amy Kapczynski, Louis Kaplow, Max Kasy, Al Klevorick, Lewis Kornhauser, Doug Kysar, Daniel Markovits, Mitch Polinsky, Alex Raskolnikov, Susan Rose-Ackerman, Chris Sanchirico, David Schleicher, Alan Schwartz, Steve Shavell, Matt Stephenson, Judge Stephen Williams, Gui Woolston, and participants at the Columbia Tax Policy Workshop, Yale Law School Faculty Workshop, National Tax Association Annual Meetings, Loyola Law School Tax Policy Workshop, Boston University Law and Economics Workshop, Boston College Tax Policy Workshop, and William and Mary Faculty Workshop for helpful comments. Thanks to Daniel Giraldo, Brian Highsmith, Quentin Karpilow, Michael Loughlin, Brian McGrail, Farrah Ricketts, Kate Tian, and Jacob Waggoner for excellent research assistance.

Suppose that a city is considering building neighborhood parks, each of which costs $1 million to build. The residents of a rich neighborhood are willing to pay $2 million for the park, but the residents of a poor neighborhood are willing to pay only $500,000, less than the cost of construction.
Print
Article
85.7
In Defense of Territorial Jurisdiction
Cody J. Jacobs
Visiting Assistant Professor, Chicago-Kent College of Law

Thanks to Stephen Sachs, Patrick Borchers, Alex Boni-Saenz, Mark Rosen, Chris Schmidt, Mike Gentithes, Lori Andrews, Richard Wright, Greg Reilly, and Harold Krent for their helpful comments on this Article .

Brent Tyrrell worked for railroads all his life. When he was working for BNSF, a multibillion-dollar company and one of the largest railroads in North America, Brent developed terminal kidney cancer, allegedly as a result of his on-the-job exposure to harmful industrial chemicals.

Volumes