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Consumer Protection Law Commons

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Full-Text Articles in Consumer Protection Law

Recommendations Of The Advisory Group To The Subcommittee, Subcommittee On Public Utilities Commission Reforms Mar 1994

Recommendations Of The Advisory Group To The Subcommittee, Subcommittee On Public Utilities Commission Reforms

California Senate

No abstract provided.


Subcommittee Agenda And Formation Of Advisory Group, Subcommittee On Public Utilities Commission Reforms Jan 1994

Subcommittee Agenda And Formation Of Advisory Group, Subcommittee On Public Utilities Commission Reforms

California Senate

No abstract provided.


The Price Of Trust: An Examination Of Fiduciary Duty And The Lender-Borrower Relationship, 29 Wake Forest L. Rev. 719 (1994), Cecil J. Hunt Ii Jan 1994

The Price Of Trust: An Examination Of Fiduciary Duty And The Lender-Borrower Relationship, 29 Wake Forest L. Rev. 719 (1994), Cecil J. Hunt Ii

UIC Law Open Access Faculty Scholarship

Comparing the search for elements which will give rise to a fiduciary relationship between a bank and a borrower to the quest for the elusive holy grail, Professor Hunt proposes that, rather than existing only in special circumstances, the fiduciary relationship is a normal aspect of the bank-borrower relationship. Hunt explains that a fiduciary obligation is part of the parties' assumptive base in the bank-borrower relationship that must by necessity exist before any borrower would entrust private or business information to a bank in return for a loan. While acknowledging that such a relationship might be inapposite in the initial …


Exporting Bank Credit Card Rates And Charges, Ralph J. Rohner Jan 1994

Exporting Bank Credit Card Rates And Charges, Ralph J. Rohner

Scholarly Articles

Banks enjoy virtually unlimited authority to export interest rates, late fees, and over-limit charges across state lines. Open issues include the exportability of other fees, the viability of consumer common law claims such as unconscionability, and the effect of home-state choice-of-law.


Product Definition, Product Information, And Market Power: Kodak In Perspective, Mark R. Patterson Jan 1994

Product Definition, Product Information, And Market Power: Kodak In Perspective, Mark R. Patterson

Faculty Scholarship

In Eastman Kodak Co. v. Image Technical Services, Inc., product information, market costs, market information the United States Supreme Court held that market power sufficient to impose an illegal tying arrangement can, at least in theory, derive from buyers' uncertainty regarding a product's costs and quality. Although commentators disagree on the implications of the Kodak decision, all seem to agree that the opinion's emphasis on product information costs is a departure from previously accepted economic analysis of antitrust law. In this Article, Mark R. Patterson argues that the Kodak decision is, in fact, economically reasonable, incorporating into antitrust law previously …


Cutting The Bill For Commonwealth Edison's Nuclear Power Plants: Important Gains For Illinois Public Utility Customers, Robert Jones Jan 1994

Cutting The Bill For Commonwealth Edison's Nuclear Power Plants: Important Gains For Illinois Public Utility Customers, Robert Jones

Journal Articles

In 1993 Commonwealth Edison, Illinois’s largest electric utility agreed to pay its customers $1.3 billion, the biggest refund issued by a utility in United States history, and to reduce its electricity rates by $339 million per year. This refund and rate reduction settled a decade-long series of cases with consumer advocates over the billions of dollars Edison spent constructing five nuclear power plants. The litigation not only offered relief to Edison customers, who paid some of the highest rates in the country. It dramatically changed Illinois law, giving public utility companies strong incentive to generate electricity through less costly and …


Proposed Revisions Concerning Products Liability Caveat Vendor, James J. White Jan 1994

Proposed Revisions Concerning Products Liability Caveat Vendor, James J. White

Other Publications

Both industrial sellers and consumer sellers should look at proposals for revision of the sections relating to warranty liability in Article 2. Particularly important are the sections on warranty, express and implied, on third-party liability, disclaimers and limitation of remedy, notice, and statute of limitations. Using current law as a baseline, revised Article 2 increases sellers' liability in at least half a dozen ways and decreases it in no significant way.


Oregon Consumer Protection: Outfitting Private Attorneys General For The Lean Years Ahead, Steven W. Bender Jan 1994

Oregon Consumer Protection: Outfitting Private Attorneys General For The Lean Years Ahead, Steven W. Bender

Faculty Articles

This article examines Oregon's UTPA with an eye toward legislative and judicial reforms that will strengthen its private cause of action and thereby facilitate private enforcement. First, the scope of the UTPA is examined. Next, private remedies authorized by the UTPA are critiqued. Finally, the role of the DOJ is reformulated in response to declining public resources and increased reliance on private enforcement.