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Articles 1 - 18 of 18
Full-Text Articles in Law
Reframing The (False?) Choice Between Purchaser Welfare And Total Welfare, Alan J. Meese
Reframing The (False?) Choice Between Purchaser Welfare And Total Welfare, Alan J. Meese
Alan J. Meese
This Article critiques the role that the partial equilibrium trade-off paradigm plays in the debate over the definition of “consumer welfare” that courts should employ when developing and applying antitrust doctrine. The Article contends that common reliance on the paradigm distorts the debate between those who would equate “consumer welfare” with “total welfare” and those who equate consumer welfare with “purchaser welfare.” In particular, the model excludes, by fiat, the fact that new efficiencies free up resources that flow to other markets, increasing output and thus the welfare of purchasers in those markets. Moreover, the model also assumes that both …
Picture Imperfect: Attempted Regulation Of The Art Market, Patty Gerstenblith
Picture Imperfect: Attempted Regulation Of The Art Market, Patty Gerstenblith
Patty Gerstenblith
No abstract provided.
Identity Theft: Making The Known Unknowns Known, Chris Jay Hoofnagle
Identity Theft: Making The Known Unknowns Known, Chris Jay Hoofnagle
Chris Jay Hoofnagle
No abstract provided.
The Magnificence Of The Disaster: Reconstructing The Sony Bmg Rootkit Incident, Deirdre K. Mulligan, Aaron K. Perzanowski
The Magnificence Of The Disaster: Reconstructing The Sony Bmg Rootkit Incident, Deirdre K. Mulligan, Aaron K. Perzanowski
Deirdre Mulligan
No abstract provided.
Should Copyright Owners Have To Give Notice Of Their Use Of Technical Protection Measures, Pamela Samuelson, Jason Schultz
Should Copyright Owners Have To Give Notice Of Their Use Of Technical Protection Measures, Pamela Samuelson, Jason Schultz
Pamela Samuelson
No abstract provided.
Text Anxiety, Melvin Aron Eisenberg
Directive 2005/29/Ec On Unfair Commercial Practices And Its Application To Food-Related Consumer Protection, Luis González Vaqué
Directive 2005/29/Ec On Unfair Commercial Practices And Its Application To Food-Related Consumer Protection, Luis González Vaqué
Luis González Vaqué
Directive 2005/29/EC on Unfair Commercial Practices was adopted on 11 May 2005 to help consumers benefit from the Internal Market by removing regulatory barriers, deriving from divergent national rules, which discouraged firms from selling and undermined consumers' trust in buying across the EU. It provides for a high level of consumer protection in all sectors and works as a safety net that fills the gaps, which are not regulated by other EU sector- specific rules (i.e. Foodstuffs).
Testimony To The Committee On Financial Institutions, Kansas House Of Representatives March 13, 2014, Brian M. Mccall
Testimony To The Committee On Financial Institutions, Kansas House Of Representatives March 13, 2014, Brian M. Mccall
Brian M McCall
This document contains the text of testimony given before the Committee on Financial Institutions, Kansas House of Representatives March 13, 2014, in a hearing to address potential changes to the regulation of payday lending in Kansas.
Debt-Buyer Lawsuits And Inaccurate Data, Peter A. Holland
Debt-Buyer Lawsuits And Inaccurate Data, Peter A. Holland
Peter A. Holland
Pursuant to secret purchase and sale agreements (also known as forward flow agreements), the accounts that banks sell to debt buyers are often sold “as is,” with explicit and emphatic disclaimers that the debts may not be owed, the amounts claimed may not be accurate, and documentation may be missing. Despite their full knowledge that the accuracy and completeness of the data has been specifically disclaimed by the bank, when they sue consumers, debt buyers tell courts that the information obtained from the bank is inherently reliable and accurate. In order to avoid a fraud on the courts, the contents …
Junk Justice: A Statistical Analysis Of 4,400 Lawsuits Filed By Debt Buyers, Peter A. Holland
Junk Justice: A Statistical Analysis Of 4,400 Lawsuits Filed By Debt Buyers, Peter A. Holland
Peter A. Holland
Debt buyers have flooded courts nationwide with collection lawsuits against consumers. This article reports the findings from the broadest in-depth study of debt buyer litigation outcomes yet undertaken. The study demonstrates that in debt buyer cases, (1) the vast majority of consumers lose the vast majority of cases by default the vast majority of the time; (2) consumers had no lawyer in ninety-eight percent of the cases; and (3) those who filed a notice that they intended to defend themselves without an attorney fared poorly, both in court and in out of court settlements. This study challenges the notion that …
"¿Resultan Comprensibles Para Los Consumidores Las Declaraciones Relativas A La Salud Que, En Virtud Del Reglamento (Ue) Nº 1924/2006, Pueden Figurar En Las Etiquetas De Los Alimentos?", Luis González Vaqué
"¿Resultan Comprensibles Para Los Consumidores Las Declaraciones Relativas A La Salud Que, En Virtud Del Reglamento (Ue) Nº 1924/2006, Pueden Figurar En Las Etiquetas De Los Alimentos?", Luis González Vaqué
Luis González Vaqué
El Reglamento (CE) nº 1924/2006 del Parlamento Europeo y del Consejo relativo a las declaraciones nutricionales y de propiedades saludables en los alimentos establece reglas armonizadas sobre la utilización de dichas declaraciones. De este modo contribuye a alcanzar un alto nivel de protección de los consumidores. Su objetivo es lograr que las alegaciones que figuren en el etiquetado de los alimentos comercializados en la UE sean claras, precisas y fundamentadas a fin de que los consumidores puedan tomar adecuadamente decisiones disponiendo de una información efectiva.
Fraud Is Fun: Or How A Foreclosure Rescue Scam Changed My Life, Peter A. Holland
Fraud Is Fun: Or How A Foreclosure Rescue Scam Changed My Life, Peter A. Holland
Peter A. Holland
No abstract provided.
Defending Junk-Debt-Buyer Lawsuits, Peter A. Holland
Defending Junk-Debt-Buyer Lawsuits, Peter A. Holland
Peter A. Holland
Junk debt buyer lawsuits have overwhelmed the courts all across the United States. These lawsuits wreak havoc on consumers and their families. Often overlooked is the fact that judgments against consumers which are based on junk debt are part of a zero sum game, where every bogus judgment deprives a legitimate creditor of the chance to get paid from scarce resources. Thus, the legitimate creditor to whom money is owed is materially harmed by the junk debt buyer who extracts money based on an illegitimate claim, or who causes someone to declare bankruptcy. Providing representation to this otherwise unrepresented population …
Testimony On "Internet Gambling: Is There A Safe Bet?", Kurt Eggert
Testimony On "Internet Gambling: Is There A Safe Bet?", Kurt Eggert
Kurt Eggert
This Congressional testimony discusses the possible legalization of Internet gambling in the United States, and the need for adequate consumer protection if online gambling were legalized. The testimony begins by discussing the importance of consumer protection in the gambling industry and the relative lack thereof in current casino regulation. A basic element of consumer protection for slot machine play would be mandating that slot machines display the hold percentage for that slot machine, with an interactive display that would change as the hold percentage changes. The testimony discusses how consumer protection, which focuses on giving recreational gamblers the tools they …
Dodd-Frank, Regulatory Innovation, And The Safety Of Consumer Financial Products, Melissa Jacoby
Dodd-Frank, Regulatory Innovation, And The Safety Of Consumer Financial Products, Melissa Jacoby
Melissa B. Jacoby
Among the many parts of the Dodd-Frank Wall Street Reform and Consumer Protection Act, few have received as much mainstream attention as the creation of the Bureau of Consumer Financial Protection. As is often the case with legislation in recent years, though, some of the most vocalized critiques of the Bureau lack a foundation in Dodd-Frank as enacted or in the Bureau’s start-up efforts. This brief essay explores the nature of the Bureau and its promising possibilities for regulatory innovation that should transcend stale debates about regulatory overreach or command-and-control approaches. This commentary also reviews the unusual dialogue preceding Dodd-Frank …
The Development Of Consumer Protection Law In Bangladesh: A Critical Comparative Study, Zafrin Andaleeb, Abu Noman Mohammad Atahar Ali
The Development Of Consumer Protection Law In Bangladesh: A Critical Comparative Study, Zafrin Andaleeb, Abu Noman Mohammad Atahar Ali
Abu Noman Mohammad Atahar Ali
ABSTRACT Consumer protection is a very important issue all over the world. Specially in third world countries it is more important where the life and liberty of the people are often intruded. It deserves mention that even 35 years after the independence of Bangladesh, the country is yet to have a comprehensive consumer protection law. Though it is true that many of the political governments promised in their manifesto to have a consumer protection law but after empowerment they seldom take care of it. In many countries of the South Asian region consumer protection is a very important movement and …
The Community Reinvestment Act: Questionable Premises And Perverse Incentives, Vincent D. Rougeau, Keith N. Hylton
The Community Reinvestment Act: Questionable Premises And Perverse Incentives, Vincent D. Rougeau, Keith N. Hylton
Vincent D. Rougeau
Having just passed the twentieth anniversary of the enactment of the Community Reinvestment Act ("CRA" or "Act"), this is an appropriate time to take stock of the effectiveness of the legislation and to consider whether it continues to be useful as a tool for addressing the problems of neighborhood decline and discrimination in the lending market. Although discrimination in lending and the decline of certain inner-city neighborhoods is a problem that the CRA has not been able to solve, most observers would agree that the situation has improved since the mid-1970s. In particular, there has been notable progress toward the …
Rediscovering Usury: An Argument For Legal Controls On Credit Card Interest Rates., Vincent D. Rougeau
Rediscovering Usury: An Argument For Legal Controls On Credit Card Interest Rates., Vincent D. Rougeau
Vincent D. Rougeau
No abstract provided.