Topic
Consent
351 published works
Gender and the Law Prof Blog
Craig on “Consent to Sexual Risk”
By John Kang
Elaine Craig at Dalhousie U has uploaded "Consent to Risk." The abstract reads: In delineating the legal boundaries of capacity to consent to sexual touching, law makers and jurists must…
Global IP & Technology Law Blog
E-Privacy, Telcos and Online Providers: Issues of Consent
In a recent article entitled “E-Privacy, Telcos and Online Providers: Issues of Consent,” originally published in InterMEDIA, Cathal Flynn and Matthew Byford (members of Squire Sanders’ Data Protection & Privacy practice),…
ContractsProf Blog
Gmail Users and Email Spying
One of the dangers of constructivecontractual consent (a foundational principle of wrap contract doctrine) isthat it might be used to prove statutory consent and thereby strip unknowingconsumers of rights provided…
TortsProf Blog
Simons on Consent, Assumption of Risk, and Victim Negligence
Ken Simons (Boston University) has posted to SSRN Exploring the Relationship between Consent, Assumption of Risk, and Victim Negligence, a chapter in a forthcoming book edited by John Oberdiek. The…
Consumer Class Defense Blog
The Northern District of Illinois Rejects Plaintiff’s Attempt to Conjure Up a Class Action Based on a Call Not Meant for Him.
By Jordan Vick, Seyfarth Shaw LLP
A growing trend in TCPA litigation is for plaintiffs to bring putative TCPA class actions based on telephone calls that were meant for a third-party who actually provided consent for…
All About Advertising Law
If I Give You My Number, Will You Text Me?
By Ellen T. Berge, Leonard L. Gordon
Late last month, a federal judge in California ruled that a consumer had consented to receive text messages when he voluntarily gave his cellphone number to PayPal. The plaintiff had…
ContractsProf Blog
Boilerplate Symposium VII: Oren Bar-Gill on Consent Without Reading
This is the seventh in a series of posts reviewing Margaret Jane Radin's Boilerplate: The Fine Print, Vanishing Rights and the Rule of Law.Oren Bar-Gill is a Professor of Law and Co-Director of…
ContractsProf Blog
Boilerplate Symposium, Week 2
For those who missed it, last week we posted five responses to Margaret Jane Radin's Boilerplate: The Fine Print, Vanishing Rights and the Rule of Law.We heard from: Peter Alces on consentTheresa Amato…
ContractsProf Blog
Boilerplate Symposium V: Ethan Leib on the Fetishization of Consent
This is the fifth in a series of posts reviewing Margaret Jane Radin's Boilerplate: The Fine Print, Vanishing Rights and the Rule of Law.Ethan Leib s Professor of Law at…
ContractsProf Blog
Phone “Bill Cramming” and Consent
The FTC recently charged a company, Wise Media, with unfair and deceptive business practices. The FTC complaint alleges that Wise Media charged unwitting mobile phone users for “premium" text services, or…