Strengthening Credit Freeze Legislation in the States: Empowering Consumers to Prevent Economic Loss from Identity Theft

This article discusses the need for laws that will help to protect consumers from economic loss caused by identity theft. It reviews the nature of the identity theft schemes, the economic losses caused and the broad extent of identity theft. Second, the article reviews exisiting law that have been largely ineffective. Third, the articles reviews the vulnerabilities of existing identification systems and risky lending practices that enable identity theft. Finally, the article proposes new state credit freeze legislation focused on economic loss prevention. Permitting consumers to obtain a security freeze on their credit reports, thereby disrupting ability of identity thieves to open new accounts, is the most feasible and effective means to prevent economic loss. It also is an important first step toward further strengthening consumer control over their credit information

Invisible Discrimination: Employers & Social Media Sites

With the advent and popularity of social networks sites, the boundaries of the relationship between the employer-employee/prospective employee have stretched well beyond the work-place and work-hours. Predictably, this relationship expansion has led to unchartered adversarial scenarios between the respective parties. Unfortunately, in this new, vibrant cyber world, traditional employment law considerations are struggling for deference and rumination. Notwithstanding this ostensible indifference, each phase of the relationship is heavily impacted by social network media. Applicant recruitment, information gathering and applicant selection stand to be impacted by the social network communications made by employees or prospective employees. This article examines whether present and proposed law protects employees’ and prospective employees’ rights from potential, unlawful discrimination resulting from the employer’s use of social media in its applicant recruitment, information gathering and applicant selections processes

Protecting Consumers From Spyware: A Proposed Consumer Digital Trespass Act

“Spyware” is a broad term used to describe software that resides on a user’s computer and monitors the user’s online behavior. Though spyware may be helpful or benign, it can also be used for malicious purposes, commonly classified as “malware”. Consumers, who lack sophistication to avoid unintentionally downloading spyware, are especially vulnerable to the threat of malware. In lieu of this threat, it is important to understand the nature and scope of spyware problems affecting consumers. The paper will discuss how common law tort theories of trespass and trespass to chattel are difficult to apply to spyware, and how a consumer’s desktop is analogous to real property. Given this risk and lack of clear case law on the issue of spyware, a new statute is proposed to address the widespread use of spyware methods by legitimate business interests, and introduce a private cause of action based on real property and tort law

The Status Of Recognition And Enforcement Of Judgments In The European Union

International trade and the free movement of people are inevitably followed by legal disputes. Such litigants require an efficient and predictable dispute resolution mechanism capable of handling cases between diverse nationals. An essential part of such mechanism is a clearly defined process of judgment enforcement across national boundaries. In the past several decades, the European Union (“EU”) has necessarily addressed judgment enforcement across the boundaries of its member nations (“Member States”). Citizens of the EU need to prosecute and defend their legal rights in their home and in other EU member states. Presently, the EU is, again, considering such issues and is poised to make some changes in this area. As with past EU legislation regarding judgment recognition and enforcement, the proposed changes are intended to promote the growth of the European economy by encouraging and furthering cross-border trade and the free movement of people. This paper presents the following, (1) a brief introduction to civil and commercial judgment recognition and enforcement in the EU, (2) the current status of judgment enforcement as exemplified in significant case law, (3) the deficiencies of current EU judgment enforcement Brussels Is, and finally, (3) the proposed changes to such Brussels I currently

Research Report: A Preliminary Analysis of Medical Futility Decisionmaking: Law and Professional Attitudes

The debate in medical futility decisionmaking centers on the conflict between a patient insisting treatment and a doctor refusing to furnish it. Courts have taken two disparate approaches to the legal status of medical futility. Believing that such legal ambiguity may reflect ambiguity in the medical profession itself, this research report sought to identify any emerging consensus among professionals handling medical futility issues. The report explains the results of the Life Sustaining Treatment Survey, a nationwide survey of health care professionals at hospitals. Presented with a list of criteria, respondents assigned important ratings to the factors used in recent futility decisions at their institutions. The resulting data suggests that there is no consensus among professionals in medical futility decisionmaking. The data supports at least three distinct approaches for making futility decisions: emphasis on the patients’ preferences; providing for the patient and family; and adhering to objective medical and social norms. It is unlikely that the law will realize its full potential to regulate futility judgments until explicitly articulated professional standards emerge. This article advocates continued empirical research to document and test professional judgment principles. Such research may ultimately help identify factors that will form the basis for a consensus in medical futility decisionmaking

Ariel - Volume 4 Number 4

Editors David A. Jacoby Eugenia Miller Tom Williams Associate Editors Paul Bialas Terry Burt Michael Leo Gail Tenikat Editor Emeritus and Business Manager Richard J. Bonnano Movie Editor Robert Breckenridge Staff Richard Blutstein Mary F. Buechler Meg Brunt Steve Glinks Len Grasman Alice M. Johnson J.D. Kanofsky Tom Lehman Dave Mayer Bernie Odd

Ariel - Volume 4 Number 5

Editors David A. Jacoby Eugenia Miller Tom Williams Associate Editors Paul Bialas Terry Burt Michael Leo Gail Tenikat Editor Emeritus and Business Manager Richard J. Bonnano Movie Editor Robert Breckenridge Staff Richard. Blutstein Mary F. Buechler Alice M. Johnson J.D. Kanofskv Rocky Webe

A response to Tom Barney

Peer Reviewedhttp://deepblue.lib.umich.edu/bitstream/2027.42/68308/2/10.1177_096394709500400104.pd

Ariel - Volume 4 Number 3

Editors David A. Jacoby Eugenia Miller Tom Williams Associate Editors Paul Bialas Terry Burt Michael Leo Gail Tenikat Editor Emeritus and Business Manager Richard J. Bonnano Movie Editor Robert Breckenridge Staff Richard Blutstein Mary F. Buechler Steve Glinks Len Grasman Alice M. Johnson J.D. Kanofsky Tom Lehman Dave Mayer Bernie Odd