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Full-Text Articles in Legal Ethics and Professional Responsibility
Ad Rules Infinitum: The Need For Alternatives To State-Based Ethics Governing Legal Services Marketing, William E. Hornsby Jr.
Ad Rules Infinitum: The Need For Alternatives To State-Based Ethics Governing Legal Services Marketing, William E. Hornsby Jr.
University of Richmond Law Review
For most of the Twentieth Century, lawyer advertising was prohibited. Beginning with the Canons of Ethics ("Canons"), adopted by the American Bar Association (the "ABA" or "Association") in 1908, it was unethical for lawyers to advertise or engage in most forms of marketing. The 1977 United States Supreme Court decision of Bates v. State Bar of Arizona held that, under the First Amendment doctrine of commercial speech, states did not have the right to ban lawyer advertising. The decision, however, gave states the responsibility to regulate this activity. This began an experiment to balance consumer protection with the flow of …
The Federal Trade Commission's Evolving Deception Policy, Jack E. Karns
The Federal Trade Commission's Evolving Deception Policy, Jack E. Karns
University of Richmond Law Review
The Federal Trade Commission (FTC) has regulated competitive business activities since its inception in 1915. Section 5 of the Federal Trade Commission Act (FTCA) empowers the Commission to enjoin certain unfair -and deceptive business practices. As is the case with other regulatory statutes, Congress chose not to define certain terms in the FTCA, such as "deceptive," leaving this task to the FTC and the federal courts. The result has been a steady flow of federal case law clarifying the definition of a deceptive business act or practice.