Consumer Protection Law Commons^™

A Survey Of The Utilization Of The U.S. Consumer Product Safety Commission's Guidelines For Playgrounds In Tennessee, Michael Alsup

Masters Theses & Specialist Projects

The U.S. Consumer Product Safety Commission's A Handbook For Public Playground Safety was published in 1981 in response to a petition to develop a mandatory set of safety standards. The National Recreation and Park Association and the National Bureau of Standards were selected to work on the project. As the study developed, the Commission realized that a set of standards was needed instead of mandatory requirements.

Because there has not been any improvement in injury statistics nation-wide to date, the purpose of this study was to determine the degree of utilization of the guidelines in Tennessee. This was seen as …

Update On The Proposed Sce-Sdg&E Merger - Is The Puc Rushing To Judgment?, Senate Committee On Energy And Public Utilities

California Senate

No abstract provided.

Process Norms In Products Litigation: Liability For Allergic Reactions, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.

Doctrinal Collapse In Products Liability: The Empty Shell Of Failure To Warn, James A. Henderson Jr., Aaron Twerski

Cornell Law Faculty Publications

Liability for a manufacturer's failure to warn of product-related risks is a well-established feature of modern products liability law. Yet many serious doctrinal and conceptual problems underlie these claims. Professors Henderson and Twerski explore these problems and argue that failure-to-warn jurisprudence is confused, perhaps irreparably, and that this confusion often results in the imposition of excessive liability on manufacturers. The authors begin by exposing basic errors resulting from courts' confusion over whether to apply a strict liability or a negligence standard of care in failure-to-warn cases. Having determined that negligence is the appropriate standard, they then examine more substantial and …

The Efficient Consumer Form Contract: Law And Economics Meet The Real World, Michael I. Meyerson

All Faculty Scholarship

"Law and economics" has been hailed by its supporters as the only intellectually valid means for analyzing legal issues. Its critics have dismissed law and economics as amoral and biased against the poor. Ironically, each side in this frequently acrimonious debate has much to offer those in the opposing camp. This Article reflects a modest attempt to bridge the chasm.

One need not believe that money is everything in order to believe that the effect a given legal rule has on total societal wealth is relevant in decisionmaking. But this admission does not consign one to a legal world where …

Wading Through The Muddle Of Risk-Utility Analysis, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

The original emphasis of risk-utility analysis on the need for balanced decisions with respect to product liability is a correct and fundamental principle. Moreover, many traditional factors that have been considered are legitimate, but they did not provide a framework for comprehensive and consistent risk-utility judgments. The development in this Article of a series of economic formulations of the risk-utility test is intended to establish a sounder basis for a products liability defect doctrine.

Choice Of Law Clauses In Consumer Contracts: A Comparative Study Of American And E.E.C. Law, Jean-Marie Henckaerts

LLM Theses and Essays

The selection of the law applicable to a certain relationship may seem to be the sole purpose of choice of law rules. However, it is questionable whether this choice should be made independent from the content of the various laws available. The selection of the most appropriate law cannot disregard the social, economic and political values that form the basis of substantive rules. In modern legal systems, social values such as consumer protection are recognized to a growing extent.

The present work explores the concept of choice of law – namely party autonomy with a focus on consumer contracts in …

The First-Party Insurance Externality: An Economic Justification For Enterprise Liability, Jon D. Hanson, Kyle D. Logue

Articles

This Article explores the insurance and deterrence implications of important and long overlooked facts. Consumers are insured through first-party mechanisms against most of the risks of product accidents. However, first-party insurers rarely and imperfectly adjust premiums according to an individual consumer's decisions concerning exactly what products she will purchase, how many of those products she will purchase, and how carefully she will consume them. Such consumer decisions we refer to as "consumption choices. " This failure by first-party insurers to adjust premiums according to consumption choices gives rise to a first-party insurance externality. Based on this insight, this Article offers …