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Francis J. Mootz et al. (eds.), Classical Rhetoric and Contemporary Law: A Critical Reader (University of Alabama Press, 2024)Clicking on the button will copy the full recommended citation.
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Will Bunting, Consumer Voice and Optimal Firm Size, 72 Buff. L. Rev. 617 (2024)Clicking on the button will copy the full recommended citation.
This Article examines the question: How can a consumer hold a seller to account in an exchange relationship when expectations have not been met. The Article’s first contribution is to recognize that, in the case of small firms, an employer business can provide a higher level of conflict resolution compared to a non-employer business. Unlike a consumer, an employer has the level of control necessary to compel an employee to remedy a product or service failure. Rather than engage in a costly personal confrontation with an employee, a dissatisfied consumer can simply request that the employer make the employee perform as promised. In this way, the existence of an employer-employee relationship allows a dissatisfied consumer to transfer or otherwise delegate conflict resolution to a person with greater power to remedy a product or service failure.
The Article’s second contribution is to recognize that, in the case of large firms operating in markets with imperfect competition, a large firm is likely to provide a suboptimal level of conflict resolution. When consumers are locked into an exchange relationship because switching costs are sufficiently high due to a lack of available market alternatives, consumers often have limited voice and no other feasible dissatisfaction response—a state of powerlessness that this Article terms “consumer captivity.” This Article argues that antitrust authorities ought to include consumer captivity more consistently in the mix of non-price consumer harms cognizable under U.S. antitrust law. To increase the level of conflict resolution of large firms in imperfect markets, this Article identifies two potential regulatory strategies informed by the analytic framework: (1) indirectly reduce the cost of consumer voice, and (2) directly increase the probability that a dissatisfied consumer receives a compensatory remedy.
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Kirsten K. Davis and Francis J. Mootz, Contemporary Law Through the Classical Lens, in Classical Rhetoric and Contemporary Law: A Critical Reader (Francis J. Mootz et al. eds., University of Alabama Press, 2024)Clicking on the button will copy the full recommended citation.
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Kirsten K. Davis, Qunitilian: The Lawyer, Speaking – The Lawyer as “Perfect Orator”, in Classical Rhetoric and Contemporary Law: A Critical Reader (Francis J. Mootz et al. eds., University of Alabama Press, 2024)Clicking on the button will copy the full recommended citation.
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Robyn Powell, Care Reimagined: Transforming Law by Embracing Interdependence, 122 Mich. L. Rev. 1185 (2024)Clicking on the button will copy the full recommended citation.
Building upon the foundation laid by All Our Families: Disability Lineage and the Future of Kinship, this Review examines the complex issues surrounding care and their relevance to people with disabilities. Part I delves into the contrasting perspectives of the disability rights movement and disability justice. By juxtaposing the emphasis on independence with a focus on interdependence, I unravel the intricate dynamics shaping the care experiences of disabled people. Part II presents a descriptive analysis unveiling the current realities of care. In doing so, I seek to expose the limited availability and access to care, the legal and bureaucratic impediments hindering effective care delivery, and the pervasive inequities faced by both unpaid and paid caregivers. Finally, Part III proposes a normative vision for reimagining care. I suggest strategies for broadening availability and access to care, challenging legal and bureaucratic impediments to care, confronting caregiver inequities, and fostering mutual aid networks within disabled communities. This Review’s analysis of care issues and transformative proposals aims to enrich disability, health, and family law discourse, providing valuable insights and shaping discussions and actions toward more inclusive and equitable legal frameworks and practices.
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Louis J. Virelli, The Underappreciated Virtues of the Supreme Court’s Ethics Code, 52 Hofstra L. Rev. 657 (2024)Clicking on the button will copy the full recommended citation.
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Robyn Powell, Reproductive Justice for Disabled People Post-Dobbs: A Call-to-Action for Researchers, 17 Disability and Health Journal 101572 (2024)Clicking on the button will copy the full recommended citation.
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Louis J. Virelli and Richard W. Murphy, Supreme Court News, 49 Administrative & Regulatory Law News 22 (2024)Clicking on the button will copy the full recommended citation.
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Dagmar Rita Myslinska, Law, Migration, and the Construction of Whiteness: Mobility within the European Union (Routledge, 2024)Clicking on the button will copy the full recommended citation.
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Darryl Wilson and Shelby D. Green, Keeping Current – Property, 38 Probate and Property 20 (2024)Clicking on the button will copy the full recommended citation.