Consumer Protection Law Commons^™

Personal Data Privacy And Protective Federal Legislation: An Exploration Of Constituent Position On The Need For Legislation To Control Data Reliant Organizations Collecting And Monetizing Internet-Obtained Personal Data, Giovanni De Meo

Dissertations

In the past twenty years, the business of online personal data collection has grown at the same rapid pace as the internet itself, fostering a multibillion-dollar personal data collection and commercialization industry. Unlike many other large industries, there has been no major federal legislation enacted to monitor or control the activities of organizations dealing in this flourishing industry. The combination of these factors together with the lack of prior research encouraged this research designed to understand how much voters know about this topic and whether there is interest in seeing legislation enacted to protect individual personal data privacy.

To address …

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 …

Moving Beyond The Wto: A Proposal To Adjudicate Gmo Disputes In An International Environmental Court, Marguerite A. Hutchinson

San Diego International Law Journal

This Article begins with a brief summary of the scientific basis of creating GMOs and its historic precursors. The second section provides an overview of risks to humans and the environment. The third part of this Article analyzes the arguments put forward by both the United States and the E.U., which have defined the conflict between blocs of countries pushing GMOs abroad and those who persistently reject them. The fourth section evaluates the respective regulatory schemes imposed on GMOs by the United States and Europe, domestically and by international treaty. The success of these systems is evaluated in the fifth …

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.

Department Of Consumer Affairs, C. Kendall

California Regulatory Law Reporter

No abstract provided.

Department Of Consumer Affairs, J. D'Angelo

California Regulatory Law Reporter

No abstract provided.

Department Of Consumer Affairs, J. D'Angelo

California Regulatory Law Reporter

No abstract provided.

Department Of Consumer Affairs, J. D'Angelo

California Regulatory Law Reporter

No abstract provided.

Department Of Consumer Affairs, K. Chambers, J. D'Angelo, E. D'Angelo

California Regulatory Law Reporter

No abstract provided.

Department Of Consumer Affairs, K. Chambers, J. D'Angelo

California Regulatory Law Reporter

No abstract provided.

Department Of Consumer Affairs, K. Chambers

California Regulatory Law Reporter

No abstract provided.

Department Of Consumer Affairs, A. Kuhnert

California Regulatory Law Reporter

No abstract provided.

Department Of Consumer Affairs, A. Kuhnert

California Regulatory Law Reporter

No abstract provided.

Department Of Consumer Affairs, A. Kuhnert

California Regulatory Law Reporter

No abstract provided.

Department Of Consumer Affairs, D. Hicks

California Regulatory Law Reporter

No abstract provided.

Department Of Consumer Affairs, D. Hicks

California Regulatory Law Reporter

No abstract provided.

Department Of Consumer Affairs, D. Hicks

California Regulatory Law Reporter

No abstract provided.

Department Of Consumer Affairs, M. Walker

California Regulatory Law Reporter

No abstract provided.

Department Of Consumer Affairs, G. Bernardini

California Regulatory Law Reporter

No abstract provided.

Department Of Consumer Affairs, M. Walker

California Regulatory Law Reporter

No abstract provided.

Department Of Consumer Affairs, M. Walker

California Regulatory Law Reporter

No abstract provided.

Department Of Consumer Affairs, M. Colwell

California Regulatory Law Reporter

No abstract provided.

Department Of Consumer Affairs, M. Colwell

California Regulatory Law Reporter

No abstract provided.

Department Of Consumer Affairs, M. Colwell

California Regulatory Law Reporter

No abstract provided.

Department Of Consumer Affairs

California Regulatory Law Reporter

No abstract provided.