Law Commons^™

In Consumer Protection We Trust? Re-Thinking The Legal Framework For Country Of Origin Cases, Shmuel I. Becher, Jessica C. Lai

San Diego Law Review

Markets are becoming more complicated in an ever faster changing world. New findings pertaining to human behavior and consumer markets constantly challenge traditional legal and policy assumptions. Social science offers a myriad of insights into the ways trust, identity, ideology, and preferences interact and impact one another. Against this background, the need to advance a nuanced legal framework is increasingly vital.

Consumer law policy requires an interdisciplinary and holistic approach. Recent scholarship has acknowledged this need, proposing novel ways to enrich the academic discourse and develop consumer law policy. Along these lines, a growing body of literature examines how notions …

Update On Antitrust And Pay-For-Delay: Evaluating “No Authorized Generic” And “Exclusive License” Provisions In Hatch-Waxman Settlements, Saami Zain

San Diego Law Review

In Federal Trade Commission v. Actavis, the United States Supreme Court held that a patent litigation settlement where a branded drug company pays a generic drug company to end the litigation and delay launching its generic may violate the antitrust laws. Although the decision ended years of controversy over whether such settlements were subject to antitrust scrutiny, many issues remain unresolved concerning the lawfulness of these settlements. In particular, courts have struggled in assessing the legality of patent settlements between branded and generic drug manufacturers involving non-cash compensation or benefits. This article discusses one type of non-cash compensation that is …

Looking For Venue In The Patently Right Places: A Parallel Study Of The Venue Act And Venue In Anda Litigation, Mengke Xing

San Diego Law Review

Like any other type of litigation, venue is often an important strategic decision for patent infringement litigants. Under the traditional nation-wide venue rule, a patent owner was able to sue a corporate defendant almost in every district in the country, giving rise to abusive forum shopping and the popularity of the Eastern District of Texas. Last year, the Supreme Court in TC Heartland dramatically changed the legal framework of venue in patent litigation, while leaving some issues unaddressed. After a discussion of the evolvement of venue laws and the significance of TC Heartland, this Comment focuses on the Venue Equity …

Hedge Fund Manager Registration Under The Dodd-Frank Act, Wulf A. Kaal

San Diego Law Review

Part I of this Article introduces the issue of hedge fund registration and the tension between regulators and the hedge fund industry regarding the appropriate level of regulatory oversight. After a short introduction of historical attempts to register hedge fund managers, Part II describes the legal requirements in the Dodd-Frank Act pertaining to hedge fund managers. Over fifty years of low-level regulatory oversight for the hedge fund industry came to an end with the enactment of the Dodd-Frank Act. Part III outlines the methodological approach of the survey study. It introduces the survey instrument, data sources, sampling, coding, and coding …

The Informational And Institutional Theories Of Off-Label Promotion, Miguel A. Lopez

San Diego Law Review

This Article contends that there are two distinct theories of the offense of off-label promotion—the informational theory and the institutional theory. One is concerned with controlling the flow of medical knowledge and the other is concerned with protecting regulatory legitimacy. Different kinds of evidence are key under each theory. I argue that although the Federal Food, Drug, and Cosmetic Act (FD&C Act) and its accompanying regulations emphasize the informational theory, federal prosecutors rely more heavily on the legal arguments that underpin the institutional theory of enforcement. A corollary to this contention is that the informational theory of off-label promotion does …

The Trouble With Investment Banking: Cluelessness, Not Greed, Will Bunting

San Diego Law Review

We assume that the set of marketable financial instruments can be divided into two distinct categories: (1) easy to price and (2) difficult to price, and then isolate two behavioral effects as most important with respect to securities trading in difficult-to-price securities; specifically, the "house money effect" and the "earned money effect." It is shown that these behavioral effects discourage profitable investment in research effort.

We then argue that the Private Securities Litigation Reform Act (PSLRA) safe harbor should not apply to investment banks that issue/underwrite difficult-to-price securities. We also advocate for the return of the private investment banking partnership …

The Purloined Personality: Consumer Profiling In Financial Services

San Diego Law Review

Although almost every sector of the U.S. economy practices consumer profiling,perhaps the most substantive challenge to consumer privacy is found in the activities surrounding the use and disclosure of consumer transaction data by the financial services industry. For that reason, this Comment focuses exclusively on consumer profiling in the context of the financial services sector, defined as banks, credit card issuers, brokerages, and insurance companies.

Corporate Responsibility And Product Safety, James S. Turner

San Diego Law Review

Three realities must be dealt with in the current market place to protect the public from hazardous products. First, massive economic power has moved from the government to major corporations. Second, scientific advancements needed to protect consumers from hazardous products now lags behind corporations ability to continual development new hazardous products. Third, the combination itself has led to a dangerous condition for the consumer.

Consumer Protection, Information And Education: A County's View, John A. Occhiogrosso

San Diego Law Review

Congress reacted to the call for legislation in the 1960s. This call was answered by the Office of Consumer Affairs. There is presently pending legislation concerning major steps to afford additional consumer protection.

Consumer Fraud And The San Diego District Attorney's Office, M. James Lorenz

San Diego Law Review

Local responses dealing with consumer fraud.

The Impact Of Consumerism On The Market, Colston E. Warne

San Diego Law Review

A brief Article discussing different aspects of the Consumer Union of the United States and its various activities.

Preface

San Diego Law Review

Hubert Humphrey begins the issue by urging that, "Quality is more than the merit of individual products, it is our total atmosphere." He sets the keynote for the issue. The authors and the articles represent the broad spectrum covered by the contemporary phrase "Consumer Protection."

Current Efforts In Consumer Protection In The Business-Investment Area, H. Warren Siegel

San Diego Law Review

A review of consumer laws in California designed to protect and inform the average Californian consumer. Three areas are discussed: commodities and investment advice, franchise investment, and rent skimming.

The Fault System, The Courts And The Consumer Revolt, Joseph Kelner

San Diego Law Review

Courts are increasingly insisting that producers fulfill their duty to research and design safe products, to make a product of good workmanship, to test it, and to warn consumers of potential hazards.

Uniform Consumer Credit Code And National Consumer Act: Some Objective Comparisons, Benny L. Kass

San Diego Law Review

The Uniform Consumer Credit Code was approved by the National Conference of Commissioners on Uniform State Laws on July 30, 1968, and by the American Bar Association on August 7, 1968. Many state legislatures are today actively considering the measure, with Utah and Oklahoma having already enacted it. The National Consumer Act was promulgated in 1969 by the National Consumer Law Center, an Office of Economic Opportunity funded project at Boston College Law School. It too, is under active consideration around the country. Both Acts are comprehensive revisions of the hodge-podge of consumer credit state laws that are on the …

Action For Consumers, Hubert H. Humphrey

San Diego Law Review

Government should continue and develop additional protective measures to ensure consumer safety.

The Department Of Transportation And The Consumer, John A. Volpe

San Diego Law Review

A general discussion on public interface the Department of Transportation. This Article reflects upon the evolution of the department in response to consumers needs and the needs of the business community.