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This chapter focuses on historian Charles Sellers’ argument that by the mid-nineteenth century, many white southerners, influenced by the spirit of American democracy and the values of evangelical Christianity, could never fully embrace the proslavery argument and maintained only a half-hearted commitment to the region’s peculiar institution based on economic necessity and racial fear. Sellers argued that most white southerners experienced moral unease if not full-fledged guilt over how to justify living in a slaveholding society. In Sellers’ view, this “travail of slavery” burdened white southerners throughout the late antebellum period and even beyond emancipation. Subsequent scholarship initially supported Sellers’ argument that white southerners experienced varying measures of guilt over slavery. But during the 1970s, an array of new scholarly studies revealed that most white southerners eagerly defended slavery as a necessary institution and accepted the racial justification for slavery and thus retained a deep commitment to white supremacy.
The IoT raises several questions germane to traditional products liability law and the UCC’s warranty provisions. These include how best to evaluate and remedy consumer harms related to insecure devices, malfunctioning devices, and the termination of services and software integral to a device’s operations. Consider that the modern IoT vehicle with an infotainment system generates massive quantities of data about drivers, and that mobile applications can be used to impact the operations of these vehicles.
Consumer protection law is notoriously imbalanced with respect to the superior ability of sellers to process information as compared to their customers. Yet despite the resulting comprehension asymmetries, the design of consumer contract law and disclosure requirements regularly fail to encourage sellers to communicate meaningfully with the target audience. This chapter explores how consumer protection law tacitly encourages incomprehensibility and proposes reforms which would provide increased incentives for meaningful communication between buyers and sellers.
Consumer protection law is notoriously imbalanced with respect to the superior ability of sellers to process information as compared to their customers. Yet despite the resulting comprehension asymmetries, the design of consumer contract law and disclosure requirements regularly fail to encourage sellers to communicate meaningfully with the target audience. This chapter explores how consumer protection law tacitly encourages incomprehensibility and proposes reforms which would provide increased incentives for meaningful communication between buyers and sellers.
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