Rethinking Consumer Protection


Book Description

For many decades consumer protection laws have focused on preventing “bad” choices. Though that approach has some value, this book explains we are much more often harmed, even killed, by the needless delay of new inventions that could save lives or vastly improve life quality. Thomas Tacker explains how we can revamp regulation to embrace inventions that save and improve lives while still holding companies accountable for actions that harm consumers. Case studies include price gouging, the FDA approval process, airport passenger screening, and occupational licensing, particularly as it relates to Uber. This book demonstrates that enacting appropriate liability laws and providing information to guide consumers, rather than strictly controlling their choices, will save thousands of lives annually, increase consumer freedom, and make life more enjoyable.




Rethinking EU Consumer Law


Book Description

In Rethinking EU Consumer Law, the authors analyse the development of EU consumer law on the basis of a number of clear themes, which are then traced through specific areas. Recurring themes include the artificiality of the EU’s consumer image, the problems created by the drive towards maximum harmonisation, and the unexpected effects EU Consumer Law has had on national law. The book argues that EU Consumer Law has the potential of enhancing the protecting of consumers throughout the EU and could offer a model for consumer law elsewhere in the world, but in order to unlock this potential, there needs to be a rethink with regard to the EU’s approach to consumer law and policy.




Rethinking Patent Law


Book Description

Scientific and technological innovations are forcing the inadequacies of patent law into the spotlight. Robin Feldman explains why patents are causing so much trouble. She urges lawmakers to focus on crafting rules that anticipate future bargaining, not on the impossible task of assigning precise boundaries to rights when an invention is new.




Rethinking Health Care Ethics


Book Description

​The goal of this open access book is to develop an approach to clinical health care ethics that is more accessible to, and usable by, health professionals than the now-dominant approaches that focus, for example, on the application of ethical principles. The book elaborates the view that health professionals have the emotional and intellectual resources to discuss and address ethical issues in clinical health care without needing to rely on the expertise of bioethicists. The early chapters review the history of bioethics and explain how academics from outside health care came to dominate the field of health care ethics, both in professional schools and in clinical health care. The middle chapters elaborate a series of concepts, drawn from philosophy and the social sciences, that set the stage for developing a framework that builds upon the individual moral experience of health professionals, that explains the discontinuities between the demands of bioethics and the experience and perceptions of health professionals, and that enables the articulation of a full theory of clinical ethics with clinicians themselves as the foundation. Against that background, the first of three chapters on professional education presents a general framework for teaching clinical ethics; the second discusses how to integrate ethics into formal health care curricula; and the third addresses the opportunities for teaching available in clinical settings. The final chapter, "Empowering Clinicians", brings together the various dimensions of the argument and anticipates potential questions about the framework developed in earlier chapters.




Rethinking Consumer Protection


Book Description

For many decades consumer protection laws have focused on preventing “bad” choices. Though that approach has some value, this book explains we are much more often harmed, even killed, by the needless delay of new inventions that could save lives or vastly improve life quality. Thomas Tacker explains how we can revamp regulation to embrace inventions that save and improve lives while still holding companies accountable for actions that harm consumers. Case studies include price gouging, the FDA approval process, airport passenger screening, and occupational licensing, particularly as it relates to Uber. This book demonstrates that enacting appropriate liability laws and providing information to guide consumers, rather than strictly controlling their choices, will save thousands of lives annually, increase consumer freedom, and make life more enjoyable.




Rethinking Intellectual Property


Book Description

Intellectual property law is built on constitutional foundations and is underpinned by the twin freedoms of freedom of expression and freedom of economic enterprise. In this thoughtful evaluation, Gustavo Ghidini offers up a reconstruction of the core features of each intellectual property paradigm, including patents, copyright, and trademarks, suggesting measures for reform to allow intellectual property to become socially beneficial for all.




Rethinking Securities Law


Book Description

"This book focuses on a very timely and important subject that merit s comprehensive analysis: "rethinking" the securities laws, with particular emphasis on the Securities Act and Securities Exchange Act. The system of securities regulation that prevails today in the United States is one that has been formed through piecemeal federal legislation, Securities and Exchange Commission (SEC) in vocation of its administrative authority, and self-regulatory episodic action. As a consequence, the presence of consistent and logical regulation all too often is lacking. In both transactional and litigation settings, with frequency, mandates apply that are erratic and antithetical to sound public policy. Over four decades ago, the American Law Institute (ALI) adopted the ALI Federal Securities Code. The Code has not been enacted by Congress and its prospects are dim. Since that time, no treatise, monograph, or other source comprehensively has focused on this meritorious subject. The objective of this book is to identify the deficiencies that exist under the current regimen, address their failings, provide recommendations for rectifying these deficiencies, and set forth a thorough analysis for remediation in order to prescribe a consistent and sound securities law framework. By undertaking this challenge, the book provides an original and valuable resource for effectuating necessary law reform that should prove beneficial to the integrity of the U.S. capital markets, effective and fair government and private enforcement, and the enhancement of investor protection"--




Animal Pragmatism


Book Description

What does American pragmatism contribute to contemporary debates about human-animal relationships? Does it acknowledge our connections to all living things? Does it bring us closer to an ethical treatment of all animals? What about hunting, vegetarianism, animal experimentation, and the welfare of farm animals? While questions about human relations with animals have been with us for millennia, there has been a marked rise in public awareness about animal issues—even McDonald's advertises that they use humanely treated animals as food sources. In Animal Pragmatism, 12 lively and provocative essays address concerns at the intersection of pragmatist philosophy and animal welfare. Topics cover a broad range of issues, including moral consideration of animals, the ethics of animal experimentation, institutional animal care, environmental protection of animal habitat, farm animal welfare, animal communication, and animal morals. Readers who interact with animals, whether as pets or on a plate, will find a robust and fascinating exploration of human-nonhuman relationships. Contributors are James M. Albrecht, Douglas R. Anderson, Steven Fesmire, Glenn Kuehn, Todd Lekan, Andrew Light, John J. McDermott, Erin McKenna, Phillip McReynolds, Ben Minteer, Matthew Pamental, Paul Thompson, and Jennifer Welchman.




Intellectual Privacy


Book Description

How should we think about the problems of privacy and free speech? Neil Richards argues that when privacy and free speech truly conflict, free speech should almost always win, but contends that, contrary to conventional wisdom, speech and privacy are only rarely in conflict.




The Money Problem


Book Description

An “intriguing plan” addressing shadow banking, regulation, and the continuing quest for financial stability (Financial Times). Years have passed since the world experienced one of the worst financial crises in history, and while countless experts have analyzed it, many central questions remain unanswered. Should money creation be considered a “public” or “private” activity—or both? What do we mean by, and want from, financial stability? What role should regulation play? How would we design our monetary institutions if we could start from scratch? In The Money Problem, Morgan Ricks addresses these questions and more, offering a practical yet elegant blueprint for a modernized system of money and banking—one that, crucially, can be accomplished through incremental changes to the United States’ current system. He brings a critical, missing dimension to the ongoing debates over financial stability policy, arguing that the issue is primarily one of monetary system design. The Money Problem offers a way to mitigate the risk of catastrophic panic in the future, and it will expand the financial reform conversation in the United States and abroad. “Highly recommended.” —Choice