Law Commons^™

The Federal Trade Commission And The Future Development Of U.S. Consumer Protection Policy, Timothy Muris

ExpressO

No abstract provided.

The Continuing Showdown Over Who Should Regulate Amusement Attraction Safety: A Critical Analysis Of Why Fixed-Site Amusement Attraction Safety Should Remain State-Governed. , Chad Emerson

ExpressO

No abstract provided.

Introduction To Symposium On Integrating New Economic Learning With Antitrust Doctrine, Jonathan Baker

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Of Predatory Lending And The Democratization Of Credit: Preserving The Social Safety Net Of Informality In Small-Loan Transactions, Regina Austin

All Faculty Scholarship

No abstract provided.

The Expectations Of Consumers, Douglas A. Kysar

Cornell Law Faculty Publications

In the few years following promulgation of the Restatement (Third) of Torts: Products Liability, several courts have reaffirmed their allegiance to the consumer expectations test for product design defect liability, while rejecting the Restatement's contrary recommendation to adopt a design defect test that focuses primarily on technical features regarding the risk and utility of alternative product designs. In this Article, Professor Kysar reviews the post-Third Restatement decisions, identifying within them a common failure to articulate a coherent, independent doctrinal role for the consumer expectations test, despite the courts' clearly expressed desire to do so. In Kysar's view, courts adhering to …

A Gradual Shift In U.S. Privacy Laws Towards A Comprehensive Regime , Kamaal R. Zaidi

ExpressO

This paper examines the current trends in a predominantly sectoral U.S. privacy regime that appears to be becoming more comprehensive in nature with respect to data privacy protection. This trend has been greatly attributed to the European Union's comprehensive position on data privacy protection. This paper investigates the growth in U.S. data privacy protection in relation to federal and state legislative history, federal administrative procedures, and private industry efforts. This shift from sectoral to comprehensive regimes is significant in the backdrop of U.S-EU trade relations.

Mass Toxic Tort Litigation And Class Action Rule Reform In The United States, Jason L. Betts

ExpressO

The paper advances the proposition that mass toxic tort litigation has been the predominant driver of class action rule reform in the Unites States. Through three distinct phases of proposals to reform Rule 23 of the Federal Rules of Civil Procedure, the judicial and academic attitude to the certification of mass toxic torts has influenced the reform debate in radically different ways – initially by providing the catalyst for efforts to reform Rule 23; then as a dampener against significant reforms to Rule 23 in the wake of mass toxic tort “settlement-only” classes; and ultimately as an explanation for the …

Common Law Deceit, Misrepresentation, And Fraud, Elizabeth De Armond

Elizabeth De Armond

No abstract provided.

Internet Pharmacies And The Need For A New Federalism: Protecting Consumers While Increasing Access To Prescription Drugs, Linda C. Fentiman

Elisabeth Haub School of Law Faculty Publications

In this article I will argue that Internet pharmacies pose a significant public health problem, as they raise the classic eternal triangle of health care issues--access, quality, and financing--in a new technological context. Part II describes the phenomena of Internet pharmacies, and Part III reviews the present regulatory scheme. Part IV explains why the current legal framework is inadequate to address the public health and safety problems posed by Internet pharmacies, focusing particularly on the jurisdictional, constitutional, and practical obstacles to effective state oversight of Internet pharmacies. Part V argues that comprehensive federal oversight of Internet prescribing and dispensing is …

A Tale Of Three Markets: The Law And Economics Of Predatory Lending

Patricia A. McCoy

Predatory lending - the practice of making exploitative high-cost loans to naive borrowers - has spurred policy-makers, activists, lenders and scholars to debate whether intervention is warranted and, if so, what type of intervention is appropriate. The solution requires understanding the incentives in the home mortgage market that have fueled predatory lending. Recent changes in the credit market have created new possibilities for lenders to profit by exploiting information asymmetries to the detriment of unsophisticated borrowers. As a result, a new, predatory lending market has emerged alongside the legitimate prime and subprime home mortgage markets. Neither market forces nor existing …

That Which We Call A Domain By Any Other Name Would Smell As Sweet: The Overbroad Protection Of Trademark Law As It Applies To Domain Names On The Internet, Neil Batavia

South Carolina Law Review

No abstract provided.

Usury Trompe L'Oeil, James J. White

South Carolina Law Review

No abstract provided.

The Two-Tiered Consumer Financial Services Marketplace: The Fringe Banking System And Its Challenge To Current Thinking About The Role Of Usury Laws In Today's Society, Lynn Drysdale, Kathleen E. Keest

South Carolina Law Review

No abstract provided.

Privacy Protection For Consumer Transactions In Electronic Commerce: Why Self-Regulation Is Inadequate, Mark E. Budnitz

South Carolina Law Review

No abstract provided.

Internet Solutions To Consumer Protection Problems, Gregory E. Maggs

South Carolina Law Review

No abstract provided.

A Business Lawyer Looks At The Internet, John P. Freeman

South Carolina Law Review

No abstract provided.

Product Liability And Legal Leverage: The Perverse Effect Of Stiff Penalties, Michael S. Knoll

All Faculty Scholarship

No abstract provided.

Consumer Choice: The Practical Reason For Both Antitrust And Consumer Protection Law, Neil W. Averitt, Robert H. Lande

All Faculty Scholarship

This article is about the relationship between antitrust and consumer protection law. Its purpose is to define each area of law, to delineate the boundary between them, to show how they interact with each other, and to show how they ultimately support one another as the two components of a single overarching unity. That overarching unity is consumer choice. Antitrust and consumer protection law share a common purpose in that both are intended to facilitate the exercise of consumer sovereignty or effective consumer choice. Such consumer choice exists when two fundamental conditions are present: (l) there must be a range …

The Evolution Of Free Trade In The Americas: Nafta Case Studies, Claudio Grossman

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Controlling Person Liability For Motor Vehicle Dealer Violations Of The South Carolina Motor Vehicle Unfair Trade Practices Act: A Proposal For Reform, Susan C. Rosen, Daniel F. Blanchard Iii

South Carolina Law Review

No abstract provided.

Garbage In: Emerging Media And Regulation Of Unsolicited Commercial Solicitiations, Michael W. Carroll

Articles in Law Reviews & Other Academic Journals

No abstract provided.

How We Got Where We Are: The Lessons Of History, David J. Reiss

David J Reiss

No abstract provided.

Consumer Redress Through Alternative Dispute Resolution And Small Claims Court: Theory And Practice, David S. Cohen

Elisabeth Haub School of Law Faculty Publications

There are significant difficulties in providing consumers with redress because dispute resolution costs are high relative to the sums being sought. Consumers also manifest a reluctance to enter legal processes for other reasons. This prompted the creation of user-friendly small claims courts and encouraged the discussion and sometimes the use of non-judicial, alternative dispute resolution forums for addressing consumer redress. This paper explores the theoretical and practical distinction between these two types of dispute resolution forums. The practical differences are examined on the basis of observation of both types of forums and discussions with practitioners of alternative dispute resolution.

The …

What Role Should The Federal Government Play In Consumer Protection?, David S. Cohen

Elisabeth Haub School of Law Faculty Publications

The purpose of these remarks is to comment on and to reinforce many of the points made by Professor Neilson in his "Comment on the Recent Federal Proposals for the Rationalization of Trade Practices Regulation in Canada".' More broadly, I would like to take this opportunity to reflect on the motives and agenda of the current policies and constitutional reform proposals which address the role which the federal government should play in consumer protection generally.

Can It Really Be Unconstitutional To Regulate Product Safety Information?, David S. Cohen

Elisabeth Haub School of Law Faculty Publications

In this paper, I examine the impact of two Supreme Court decisions on information-based product safety regulation which, in a variety of guises in Canada, can be said to restrict manufacturers', distributors' and marketers' ability to "express" themselves. In the end, I conclude that, if one appreciates the justification for and the processes by which this kind of product safety regulation is instituted, there is only a small risk that the current regulatory activity will be held unconstitutional. When one takes into account the degree of co-operation between business and government in establishing the content of most regulatory activity and …

Regulation Of Time Sharing In South Carolina, Michelle D. Brodie

South Carolina Law Review

No abstract provided.

The Public And Private Law Dimensions Of The Uffi Problem: Part Ii, David S. Cohen

Elisabeth Haub School of Law Faculty Publications

The subject of this paper, then, is the private and public law dimensions of the formaldehyde problem. The topics which I have chosen to discuss are directly relevant to any inquiry into the nature of the bureaucratic and entrepreneurial processes which together created the UFFI problem. My concern is not to fix blame, and I have chosen not to draw conclusions in respect of the doctrinal and policy issues which I discuss. Rather, I have attempted to describe the regulatory process which was associated with the development of the product, and to discuss the role of the courts in reviewing …

The Public And Private Law Dimensions Of The Uffi Problem: Part I, David S. Cohen

Elisabeth Haub School of Law Faculty Publications

The subject of this paper, then, is the private and public law dimensions of the formaldehyde problem. The topics which I have chosen to discuss are directly relevant to any inquiry into the nature of the bureaucratic and entrepreneurial processes which together created the UFFI problem. My concern is not to fix blame, and I have chosen not to draw conclusions in respect of the doctrinal and policy issues which I discuss. Rather, I have attempted to describe the regulatory process which was associated with the development of the product, and to discuss the role of the courts in reviewing …

The South Carolina Unfair Trade Practices Act: Sleeping Giant Or Illusive Panacea, Richard E. Day

South Carolina Law Review

No abstract provided.

Business Law, Anne G. H. Rounds

South Carolina Law Review

No abstract provided.