Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Administrative law (1)
- Antitrust (1)
- Causation (1)
- Commercial Law (1)
- Compliance (1)
-
- Consumer Protection Law (1)
- Consumer expectations test (1)
- Consumer law and policy (1)
- Council Directive No. 85/374 (1)
- Enforcement (1)
- European Union (1)
- False advertising (1)
- Federal law (1)
- Harmonization (1)
- International trade and regulation (1)
- Litigation (1)
- Manufacturers (1)
- Monopolization (1)
- Product defects (1)
- Product liability and safety regulation (1)
- Products Liability (1)
- Products liability law (1)
- Regional interests (1)
- Regulation of foreign manufacturers (1)
- Regulatory standards (1)
- Risk-utility test (1)
- Safety of imports (1)
- State law (1)
- Strict products liability (1)
- Tort (1)
Articles 1 - 5 of 5
Full-Text Articles in Torts
Antitrust Liability For False Advertising: A Response To Carrier & Tushnet, Susannah Gagnon, Herbert J. Hovenkamp
Antitrust Liability For False Advertising: A Response To Carrier & Tushnet, Susannah Gagnon, Herbert J. Hovenkamp
All Faculty Scholarship
This reply briefly considers when false advertising can give rise to antitrust liability. The biggest difference between tort and antitrust liability is that the latter requires harm to the market, which is critically dependent on actual consumer response. As a result, the biggest hurdle a private plaintiff faces in turning an act of false advertising into an antitrust offense is proof of causation – to what extent can a decline in purchase volume or other market rejection be specifically attributed to the defendant’s false claims? That requirement dooms the great majority of false advertising claims attacked as violations of the …
Consumer Protection In An Era Of Globalization, Cary Coglianese, Adam M. Finkel, David T. Zaring
Consumer Protection In An Era Of Globalization, Cary Coglianese, Adam M. Finkel, David T. Zaring
All Faculty Scholarship
With expanding global trade, the challenge of protecting consumers from unsafe food, pharmaceuticals, and consumer products has grown increasingly salient, necessitating the development of new policy ideas and analysis. This chapter introduces the book, Import Safety: Regulatory Governance in the Global Economy, a multidisciplinary project analyzing import safety problems and an array of innovative solutions to these problems. The challenge of protecting the public from unsafe imports arises from the sheer volume of global trade as well as the complexity of products being traded and the vast number of inputs each product contains. It is further compounded by the …
Products Liability Harmonization: A Uniform Standard, Rebecca Korzec
Products Liability Harmonization: A Uniform Standard, Rebecca Korzec
All Faculty Scholarship
Among industrialized nations, the United States is unique in addressing tort law at the state rather than the national level. For example, Australia and Canada, which share a common-law heritage with the United States, have federal tort systems. The United States approach may be appropriate in some tort settings, such as in the premises liability or motor vehicle accident context (not involving a claim of products liability), where the state rule’s impact remains within that state’s geographical boundaries. Unlike the simple 'fender-bender', which occurs within the borders of one state, the typical product is manufactured and marketed nationally or internationally. …
Products Liability And Legal Leverage: The Perverse Effect Of Stiff Penalties, Michael S. Knoll
Products Liability And Legal Leverage: The Perverse Effect Of Stiff Penalties, Michael S. Knoll
All Faculty Scholarship
No abstract provided.
Dashing Consumer Hopes: Strict Products Liability And The Demise Of The Consumer Expectations Test, Rebecca Korzec
Dashing Consumer Hopes: Strict Products Liability And The Demise Of The Consumer Expectations Test, Rebecca Korzec
All Faculty Scholarship
The threshold issue in American products liability litigation is whether the product was defective at the time it left the manufacturer's control. Traditionally, courts and scholars define “defect” in three functional categories: manufacturing defects, design defects and marketing defects. American products liability doctrine employs two major tests to determine whether a "defect” exists: the seller-oriented risk-utility test and the buyer-oriented consumer expectations test. The Draft of the Restatement Third of Torts: Products Liability, like some American jurisdictions, rejects the “consumer expectations” test as an independent standard in defective warning and design cases. Ironically, this limitation of the use of the …