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Articles 1 - 16 of 16
Full-Text Articles in Law
Have Some Heart For The Heartland: A Call For A Federal Right To Repair Law, Gabriel Dominic Gomez
Have Some Heart For The Heartland: A Call For A Federal Right To Repair Law, Gabriel Dominic Gomez
Journal of Legislation
No abstract provided.
Controlling Moral Hazard In Limited Liability With The Consumer Sales Practices Act, Nathaniel Vargas Gallegos
Controlling Moral Hazard In Limited Liability With The Consumer Sales Practices Act, Nathaniel Vargas Gallegos
Journal of Legislation
The few states that have passed the Model Consumer Sales Practices Act have common definitions and case law regarding the definition of a “supplier.” This definition is broad enough to include managers of companies in limited liability entities in the states that have adopted the model act. The practicality is that business principals, owners, and managers can be held personally liable for deceptive practices under the state acts. But this is not a piercing of the corporate veil or of the limited-liability company. This Article is meant to accomplish four purposes: (1) exhibit the origins of the act, (2) show …
Against Secondary Meaning, Jeanne C. Fromer
Against Secondary Meaning, Jeanne C. Fromer
Notre Dame Law Review
Trademark law premises protection and scope of marks on secondary meaning, which is established when a mark develops sufficient association to consumers with a business as a source of goods or services in addition to the mark’s linguistic primary meaning. In recent years, scholars have proposed that secondary meaning plays an even more central role in trademark law than it already does. Yet enshrining secondary meaning in the law undermines the ultimate goals of trademark law: promoting fair competition and protecting consumers. The dangers of enshrining secondary meaning include the problematic doctrine that has built up to assess it or …
Regulating Charitable Crowdfunding, Lloyd Hitoshi Mayer
Regulating Charitable Crowdfunding, Lloyd Hitoshi Mayer
Journal Articles
Charitable crowdfunding is a global and rapidly growing new method for raising money to benefit charities and individuals in need. While mass fundraising has existed for more than a hundred years, crowdfunding is distinguishable from those earlier efforts because of its low cost, speed of implementation, and broad reach. Reflecting these advantages, it now accounts annually for
billions of dollars raised from tens of millions of donors through hundreds of Internet platforms such as Charidy, Facebook, GoFundMe, and GlobalGiving. Although most charitable crowdfunding campaigns raise only modest amounts, every year several efforts attract tens of millions of dollars in donations. …
Uncertain Terms, Leah R. Fowler, Jim Hawkins, Jessica L. Roberts
Uncertain Terms, Leah R. Fowler, Jim Hawkins, Jessica L. Roberts
Notre Dame Law Review
Health apps collect massive amounts of sensitive consumer data, including information about users’ reproductive lives, mental health, and genetics. As a result, consumers in this industry may shop for privacy terms when they select a product. Yet our research reveals that many digital health tech companies reserve the right to unilaterally amend their terms of service and their privacy policies. This ability to make one-sided changes undermines the market for privacy, leaving users vulnerable. Unfortunately, the current law generally tolerates unilateral amendments, despite fairness and efficiency concerns. We therefore propose legislative, regulatory, and judicial solutions to better protect consumers of …
The Power Of The "Internet Of Things" To Mislead And Manipulate Consumers: A Regulatory Challenge, Kate Tokeley
The Power Of The "Internet Of Things" To Mislead And Manipulate Consumers: A Regulatory Challenge, Kate Tokeley
Notre Dame Journal on Emerging Technologies
The “Internet of Things” revolution is on its way, and with it comes an unprecedented risk of unregulated misleading marketing and a dramatic increase in the power of personalized manipulative marketing. IoT is a term that refers to a growing network of internet-connected physical “smart” objects accumulating in our homes and cities. These include “smart” versions of traditional objects such as refrigerators, thermostats, watches, toys, light bulbs, cars, and Alexa-style digital assistants. The corporations who develop IoT are able to utilize a far greater depth of data than is possible from merely tracking our web browsing in regular online environments. …
The Lack Of Regulation In Preventing Greenwashing Of Cosmetics In The U.S., Alexa Riccolo
The Lack Of Regulation In Preventing Greenwashing Of Cosmetics In The U.S., Alexa Riccolo
Journal of Legislation
If you walked through your local grocery or beauty store today, there is no doubt that you would be bombarded with thousands of different products. You may also observe that many labels accompanying these products utilize terms such as “organic,” “natural,” or “green” in their marketing efforts. Most consumers look to these labels and trust that the products are better for their health and the environment. In a recent study, over 80% of millennials believe that purchasing ecofriendly products not only improves their quality of life, but 75% of millennials are actively looking to make greener changes in their homes …
Cyber-Security, Privacy, And The Covid-19 Attenuation?, Vincent J. Samar
Cyber-Security, Privacy, And The Covid-19 Attenuation?, Vincent J. Samar
Journal of Legislation
Large-scale data brokers collect massive amounts of highly personal consumer information to be sold to whoever will pay their price, even at the expense of sacrificing individual privacy and autonomy in the process. In this Article, I will show how a proper understanding and justification for a right to privacy, in context to both protecting private acts and safeguarding information and states of affairs for the performance of such acts, provides a necessary background framework for imposing legal restrictions on such collections. This problem, which has already gained some attention in literature, now becomes even more worrisome, as government itself …
Broadening Consumer Law: Competition, Protection, And Distribution, Rory Van Loo
Broadening Consumer Law: Competition, Protection, And Distribution, Rory Van Loo
Notre Dame Law Review
Policymakers and scholars have in distributional conversations traditionally ignored consumer laws, defined as the set of consumer protection, antitrust, and entry-barrier laws that govern consumer transactions. Consumer law is overlooked partly because tax law is cast as the most efficient way to redistribute. Another obstacle is that consumer law research speaks to microeconomic and siloed contexts—deceptive fees by Wells Fargo or a proposed merger between Comcast and Time Warner Cable. Even removing millions of dollars of deceptive credit card fees across the nation seems trivial compared to the trillion-dollar growth in income inequality that has sparked concern in recent decades. …
“I’Ll Know It When I See It”: Defending The Consumer Financial Protection Bureau’S Approach Of Interpreting The Scope Of Unfair, Deceptive, Or Abusive Acts Or Practices (“Udapp”) Through Enforcement Actions, Stephen J. Canzona
Journal of Legislation
No abstract provided.
“Safe Harbor” On The Rocks: Ttb Label Approval For Beer, Wine, And Spirits, And The Uncertain Status Of The “Safe Harbor” Defense, Michael Mercurio
“Safe Harbor” On The Rocks: Ttb Label Approval For Beer, Wine, And Spirits, And The Uncertain Status Of The “Safe Harbor” Defense, Michael Mercurio
Notre Dame Journal of International & Comparative Law
This Note examines the U.S. Alcohol and Tobacco Tax and Trade Bureau (TTB)’s label review process and the judicial split regarding the “safe harbor” doctrine in the context of alcoholic beverage labels. This Note observes that the judicial split is a result of the tension between two conflicting priorities stemming from the TTB’s purpose and identity: on one hand, courts apply Chevron deference to the TTB as a federal agency enforcing federal law, but on the other hand, courts aim to uphold the central purpose of the Federal Alcohol Administration (FAA) Act—protecting consumers from misinformation. Ultimately, this Note, by examining …
The Federal Reserve's Supporting Role Behind Dodd-Frank's Clearinghouse Reforms, Colleen M. Baker
The Federal Reserve's Supporting Role Behind Dodd-Frank's Clearinghouse Reforms, Colleen M. Baker
Journal Articles
This Article analyzes the Federal Reserve’s expanded role in payment, clearing, and settlement systems, particularly in connection with certain clearinghouses that have been designated by the newly created Financial Stability Oversight Council as “systemically significant.” The Federal Reserve’s expanded role is a little understood, but critical supporting component of domestic and international regulatory reforms to the $639 trillion over-the-counter (OTC) derivative markets. These reforms mandate the increased use of clearinghouses in OTC derivative markets. Due to critical reforms in Title VIII of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, the Federal Reserve is now positioned to …
Back To The Future: Rediscovering Equitable Discretion In Trademark Cases, Mark P. Mckenna
Back To The Future: Rediscovering Equitable Discretion In Trademark Cases, Mark P. Mckenna
Journal Articles
Courts in recent years have increasingly made blunt use of their equitable powers in trademark cases. Rather than limiting the scope of injunctive relief so as to protect the interests of a mark owner while respecting the legitimate interests of third parties and of consumers, courts in most cases have viewed injunctive relief in binary terms. This is unfortunate, because greater willingness to tailor injunctive relief could go a long way to mitigating some of the most pernicious effects of trademark law’s modern expansion. This Essay urges courts to reverse this trend towards crude injunctive relief, and to re-embrace their …
The Normative Foundations Of Trademark Law, Mark Mckenna
The Normative Foundations Of Trademark Law, Mark Mckenna
Journal Articles
This paper challenges the conventional wisdom that trademark law traditionally sought to protect consumers and enhance marketplace efficiency. Contrary to widespread contemporary understanding, early trademark cases were decidedly producer-centered. Trademark infringement claims, like all unfair competition claims, were intended to protect producers from illegitimate attempts to divert their trade. Consumer deception was relevant in these cases only to the extent it was the means by which a competitor diverted a producer's trade. Moreover, American courts from the very beginning protected a party against improperly diverted trade in part by recognizing a narrow form ofproperty rights in trademarks. Those rights were …
Cutting The Bill For Commonwealth Edison's Nuclear Power Plants: Important Gains For Illinois Public Utility Customers, Robert Jones
Cutting The Bill For Commonwealth Edison's Nuclear Power Plants: Important Gains For Illinois Public Utility Customers, Robert Jones
Journal Articles
In 1993 Commonwealth Edison, Illinois’s largest electric utility agreed to pay its customers $1.3 billion, the biggest refund issued by a utility in United States history, and to reduce its electricity rates by $339 million per year. This refund and rate reduction settled a decade-long series of cases with consumer advocates over the billions of dollars Edison spent constructing five nuclear power plants. The litigation not only offered relief to Edison customers, who paid some of the highest rates in the country. It dramatically changed Illinois law, giving public utility companies strong incentive to generate electricity through less costly and …
Welfare And Pension Plans Disclosure Act Amendments Of 1962, G. Robert Blakey
Welfare And Pension Plans Disclosure Act Amendments Of 1962, G. Robert Blakey
Journal Articles
Over-all criticism of the Welfare and Pension Plans Disclosure Act, even as amended, must begin by noting the continuing inadequacy of its disclosure provisions. They are inadequate precisely because they do not require full and complete disclosure. It is clear that strong sanctions now exist which can, if used, deal well enough with such abuses as double dealing and outright thievery. Vigorous prosecution and adequate bonding will do about all that law can do where basic dishonesty is involved. Of greater importance to the ultimate beneficiary, however, is the possibility of incompetent, imprudent or irresponsible management. Only detailed regulation or …