Case 1:

COMMERCIAL SPEECH

Vipul Patel is a property owner in the Chicago area who wants to sell his house. Zillow, Inc. (Zillow) is an online real estate database company that was founded in 2006 by Rich Barton and Lloyd Frink, former Microsoft executives and founders of the Microsoft spin-off Expedia. Zillow assigns a 'Zestimate" to every listing in its real estate database, and each Zestimate is based on a computer-generated algorithm using public and user-submitted data. Mr. Patel alleges that the computer-generated Zestimate for his house is misleading and unfair because it is far below the fair market value of his home. He asked Zillow either to increase the Zestimate for his house or to remove the listing from its database altogether. When Zillow refused to take either steps, Mr. Patel sued Zillow, alleging that Zillow's practice of listing and publicly posting property values without a license is fraudulent and constitutes an invasion of privacy. Among other things, Zillow argues in its defence that it is not breaking any laws and that it is simply exercising its right to free speech.

1. Can data generated by a computer algorithm be a form of commercial speech? Why or why not?
2. Should the government regulate business firms like Zillow? Why or why not?

Case 2:

ADA

Barnett, a baggage loader for U.S. Airways (USA), injured his back while loading an inordinately heavy suitcase. His doctor diagnosed him with a permanently slipped disc and recurring back spasms. Barnett's condition is permanent, and he is considered to be disabled under the ADA. Upon returning to work, USA offered to reassign him from baggage loader to luggage deliver, a job in which he would drive the baggage carts from plane to plane. However, Barnett wanted a position in the mail room sorting mail. USA good night Barnetts request because it operated on a strict seniority system for filling vacancies.

1. Does Barnett have a cause of action under the ADA? Why or why not?
2. Has USA fulfilled its duty reasonable accommodation? Why or why not?