Person: Martinez, Maria Guadalupe
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Maria Guadalupe
Last Name
Martinez
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IE University
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IE Law School
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Private & Business Law
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Publication Situating Tort Law Within a Web of Institutions: Insights for the Age of Artificial Intelligence(De Gruyter, 2024-05-23) Martinez, Maria Guadalupe; European Union’s Erasmus+; https://ror.org/02jjdwm75Reasonableness and Risk offers two main claims that might open up fruitful avenues for further reflection. The first claim has to do with the need to abandon form and turn our attention to substance. The argument is that we cannot understand or justify the law of torts without attending to the interests that it protects. The second claim is related to the need to abandon the habit of treating torts in isolation and instead study its integration within a web of institutions which share responsibility for protecting the urgent interests of members of society. The argument here is that our urgent interest in physical integrity exceeds (goes beyond and is greater than) the law of torts. In engaging with these claims, this paper points out potential connections with some pressing questions for both tort law and risk regulation brought to the fore by the recent emergence of Artificial Intelligence (AI) systems.Publication Regulating Gender Stereotypes in Advertising: When Persuasion Reinforces Inequality(Latin american legal studies, 2019-08-11) Martinez, Maria Guadalupe; https://ror.org/02jjdwm75Advertising is information that aims to persuade. The phenomenon of advertising connects the professional supplier (creator) and the consumer (receiver) under particular market dynamics and within the framework of a specific social and cultural context that reveals the complexity and significance of the act of consumption. However, the regulation of advertising has been mostly focused on the professional supplier’s duty to inform, on the one hand, and on the consumer’s access to information. In this article, I argue that in order to assess the scope of the impact of the phenomenon of advertising in our society and, in particular, of advertising that conveys gender stereotypes, we must abandon the simplified construal of advertising as information, of the professional supplier as informant, and of the consumer as informed sovereign. Such representations that completely disregard context can hardly help in the tasks of rethinking regulation of current advertising and proposing legal responses that are more sensitive to advertising’s persuasive aspect and thus better suited to deal with the problem of stereotyped advertising in our society.Publication Reducing Inequality in Consumer Transactions: The Significance of Aggravated Vulnerabilities(2023-02-26) Martinez, Maria Guadalupe; https://ror.org/02jjdwm75Whether consumer law should address inequality has been approached from various perspectives in Latin America and Europe. In Europe, EU consumer law has historically emphasized consumer empowerment and the Court of Justice of the European Union has predominantly elaborated its jurisprudence around the interpretive benchmark of the average consumer, that is, one who is presumed reasonably well informed, observant and circumspect. Conversely, Consumer Protection Statutes in Latin America started by emphasizing consumer protection and, by consequence, the courts have generally embraced the interpretive benchmark of the vulnerable consumer, that is, one who occupies a relatively although markedly vulnerable position in the market structure. In this article, I aim to demonstrate the consequences of this distinctive emphasis: the more consumer law moves towards empowerment and embraces the average consumer standard, the less sensitive it is to the vulnerabilities that impair consumer decision-making, which hinders this model’s capacity to address inequality in consumer transactions. Following the examination of the European experience, the article takes a closer look at consumer protection law in Argentina, where the courts embrace the task of using consumer law to reduce inequality. In particular, it focuses on the significant, recently introduced category of the hyper-vulnerable consumer; that is, consumers who find themselves in a situation of aggravated vulnerability due to age, gender, physical or mental state or social, economic, ethnic and/or cultural circumstances, any of which may cause special difficulty for the full exercise of their rights as consumers (Res. 139/2020). The choice of the Argentine case is motivated by the country’s paradigmatic shift from formal and abstract equality to a substantive and situated notion of the same that was introduced by the reformed Civil Code (2015), by the recently proposed Project of Reform of the Consumer Protection Statute (2018), which purports to advance novel regulation sensitive to inequality in consumer relations, and by the urgent need for responses to the structural inequality arising in the aftermath of the Covid-19 crisis from government, civil society, and social associations.Publication Punitive Damages in Argentina and Mexico: Rethinking the Scope of the Public Policy Exception(SSRN, 2023-07-20) Martinez, Maria Guadalupe; https://ror.org/02jjdwm75The current status of punitive damages in Latin America, particularly in Argentina and Mexico, is tending towards acceptance and incorporation, yet remains highly fluid and dynamic. Because of the unresolved uncertainties regarding implementation and tensions inherent between the punitive institution and other established elements of those countries’ legal systems, it could follow any of various directions and take different forms in the years to come. At the same time, acknowledging this observed phenomenon implies recognising that the “public policy exception” is also conceptually dynamic and fluid, one which is generally informed and constructed on the basis of the domestic understandings on the proper place of punishment in private law. This interconnectedness calls for more refined and context-dependent scholarship on the recognition and enforcement of foreign punitive judgments; scholarship capable of acknowledging the need for an understanding of the domestic debates over the punitive function of private law for the sake of more meaningfully addressing the particular scope that the “public policy exception” should take in different jurisdictions.