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The second of a two-part "handbook" — the first has been simultaneously posted on author's SSRN page — this pithy article details the potential defenses available to financial institutions and the issues that all parties should be prepared to address when proposing or rebuffing a claim...
Persistent link: https://www.econbiz.de/10012844312
On Nov. 10, 1978, President Jimmy Carter signed a lightly amended version of House Resolution 14279 into law. Days later, Rhode Island's Fernand St. Germain made clear its primary purpose: the modernization of the existing bank regulatory system. Tucked within this bill lay the Electronic Funds...
Persistent link: https://www.econbiz.de/10012844313
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Following the Future of Financial Advice reforms, the ‘suitability' and ‘appropriateness' focus for financial advice has been relocated and supplemented by a ‘best interests' focus in s 961B of the Corporations Act 2001 (Cth). Yet, as the Australian Government's Royal Commission into...
Persistent link: https://www.econbiz.de/10012825083
This chapter considers the landmark status of the House of Lords in Thorner v Major [2009] UKHL 18, understanding it as an example of story-telling in the law. The chapter explores the issues surrounding the equitable doctrine of proprietary estoppel, as it applies in particular in the context...
Persistent link: https://www.econbiz.de/10012826375
As businesses and other entities have sought to collect more personal data on individuals, the public has pushed back, and lawmakers throughout the United States and elsewhere have responded by passing data protection laws. Recent data protection laws passed by the European Union and by several...
Persistent link: https://www.econbiz.de/10012893073
This article aims to present a critical view on the use of personal data in the current scenario of hyper-connectivity, bringing to the fore, as an alternative, the possibility of self-managing data, based on a concrete project. We will first present a panorama of privacy in the twenty-first...
Persistent link: https://www.econbiz.de/10012910391
Portuguese Abstract: O objetivo deste estudo é suscitar questões acerca da experiência da regulação autônoma no Brasil e na França. Para tanto, foi realizada uma pesquisa interdisciplinar envolvendo conhecimentos do Direito e Economia. Diante disso, frisa-se que apesar das diferenças na...
Persistent link: https://www.econbiz.de/10012912455
Unmanned aerial vehicles — “UAVs” or “drones” — are increasingly becoming a mainstream commercial phenomenon and tool for a vast range of commercial consumer, prosumer, and professional activities. Given advances in automation and miniaturization generally — and flight control...
Persistent link: https://www.econbiz.de/10012914573
This Article is a survey of the highlights of noteworthy sales cases from 2017 decided under Article 2 of the Uniform Commercial Code. Particular Article 2, There were interesting developments under Article 2, including a case that addressed multiple scope and formation issues in which plaintiff...
Persistent link: https://www.econbiz.de/10012914789