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Health Care And The Balance Billing Problem: The Solution Is The Common Law Of Contracts And Strengthening The Free Market For Health Care., george A. Nation III 2015 Lehigh University

Health Care And The Balance Billing Problem: The Solution Is The Common Law Of Contracts And Strengthening The Free Market For Health Care., George A. Nation Iii

George A Nation III

A large and growing group of insured patients is being unfairly burdened by hospitals’ exorbitant chargemaster prices. The burden is brought to bear on these patients through a process known as balance billing. For a variety of reasons hospital networks are becoming narrower as hospital systems contract with fewer insurers, and as a result, more and more patients are receiving balance bills. The practice of balance billing puts upward pressure on health care prices in general. That is, this practice leads to higher prices across the board for the uninsured, the out-of-network insured and even the in-network insured. This article ...


Why Mediators Should Be Regulated, Art Hinshaw 2015 Arizona State University

Why Mediators Should Be Regulated, Art Hinshaw

Art Hinshaw

In the United States consumers engage mediators on a caveat emptor basis. The regulatory scheme for mediators is a patchwork of mediation referral organizations which allows unscrupulous mediators to exploit consumers with little to no recourse. One egregious example is that of Gary J. Karpin, a disbarred lawyer turned divorce mediator, who used the mediation process to con forty people into giving him approximately $250,000 before taking up residence in prison. In an age when everyone from doctors to cosmetologists is subject to occupational regulation, why are mediators virtually unregulated?

Mediators have long been divided on the question of ...


Nutritional Labelling In France - Causes And Implications Of Consumer Confusion, Luis González Vaqué 2015 Asociación Iberoamericana para el Derecho Alimentario

Nutritional Labelling In France - Causes And Implications Of Consumer Confusion, Luis González Vaqué

Luis González Vaqué

This article discusses the controversial and heavily debated initiatives aimed at introducing nutritional labelling in France – initiatives which have exploited the ambiguity of the Art. 35 of the Regulation (EU ) No 1169/2011 on the provision of food information to consumers and have also perhaps misappropriated the provisions of Art. 34.


The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan 2015 St. Mary's School of Law, Texas

The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan

Trevor J Calligan

No abstract provided.


Challenges Under Truth In Lending: Suing For Rescission, Giving Clear And Conspicuous Notice, And Electing Not To Rescind, Elwin Griffith 2015 Florida State University

Challenges Under Truth In Lending: Suing For Rescission, Giving Clear And Conspicuous Notice, And Electing Not To Rescind, Elwin Griffith

Akron Law Review

No abstract provided.


Trust And Good-Faith Taken To A New Level: An Analysis Of Inconsistent Behavior In The Brazilian Legal Order, Thiago Luis Sombra 2015 University of Brasília-Brazil

Trust And Good-Faith Taken To A New Level: An Analysis Of Inconsistent Behavior In The Brazilian Legal Order, Thiago Luis Sombra

Thiago Luís Santos Sombra

With the changes in the paradigm of voluntarism developed under the protection of liberalism, the bases for legal acts have reached an objective dimension, resulting in the birth of a number of mechanisms of control of private autonomy. Among these mechanisms, we can point out the relevance of those reinforced by the Roman Law, whose high ethical value underlines one of its biggest virtues in the control of the exercise of subjective rights. The prohibition of inconsistent behavior, conceived in the brocard venire contra factum proprium, constitutes one of the concepts from the Roman Law renown for the protection of ...


Mistakes, Airfares, And Consumers: Restoring The Department Of Transportation's Role In Regulating Unfair Trade Practices, Terence Lau 2015 University of Dayton

Mistakes, Airfares, And Consumers: Restoring The Department Of Transportation's Role In Regulating Unfair Trade Practices, Terence Lau

Terence Lau

This Article traces the problem of mistake airfares and the federal government’s response to airlines that cancel tickets for erroneous fares. Part I of the Article explores airline pricing generally, and argues that airline tickets are a unique form of commodity good, one where there is no consumer expectation of a reasonable price. The dynamic nature of airline yield management means that prices for the exact same seat on an airplane can range dramatically on a variety of circumstances and factors that are beyond the knowledge, control or comprehension of the ordinary consumer. The Article investigates several well-known examples ...


The Dangerous Right To Food Choice, Samuel R. Wiseman 2015 Seattle University School of Law

The Dangerous Right To Food Choice, Samuel R. Wiseman

Seattle University Law Review

Scholars, advocates, and interest groups have grown increasingly concerned with the ways in which government regulations—from agricultural subsidies to food safety regulations to licensing restrictions on food trucks—affect access to local food. One argument emerging from the interest in recent years is that choosing what foods to eat, what I have previously called “liberty of palate,” is a fundamental right. The attraction is obvious: infringements of fundamental rights trigger strict scrutiny, which few statutes survive. As argued elsewhere, the doctrinal case for the existence of such a right is very weak. This Essay does not revisit those arguments ...


Keynote Remarks: Re-Tooling Law And Legal Education For Food System Reform: Food Law And Policy In Practice, Emily M. Broad Leib 2015 Seattle University School of Law

Keynote Remarks: Re-Tooling Law And Legal Education For Food System Reform: Food Law And Policy In Practice, Emily M. Broad Leib

Seattle University Law Review

Thank you for the opportunity to be with you today and to take part in this symposium on the important role law schools and lawyers can play in changing our food system. Food preferences and food choices are incredibly personal, but the way we produce and consume food, and its impacts on our environment, public health, and the safety of ourselves and others, make it a pressing societal issue as well.


Scuttling Iuu Fishing And Rewarding Sustainable Fishing: Enhancing The Effectiveness Of The Port State Measures Agreement With Trade-Related Measures, Anastasia Telesetsky 2015 Seattle University School of Law

Scuttling Iuu Fishing And Rewarding Sustainable Fishing: Enhancing The Effectiveness Of The Port State Measures Agreement With Trade-Related Measures, Anastasia Telesetsky

Seattle University Law Review

Illegal, unreported, and unregulated fishing (IUU fishing) is a substantial threat to global food security and a recurring problem for global fishery managers already facing difficult baseline situations exacerbated by climate change, including warming oceans and increasing acidification. There is nothing historically new about IUU fishing; there have always been poachers who take advantage of operating in the shadows of legal commercial fishing. What is new is the extent to which marine poaching has industrialized. It is estimated that 19% of the worldwide value of marine catches are unlawful. The problem is not limited to developing states. For example, even ...


Re-Tooling Marine Food Supply Resilience In A Climate Change Era: Some Needed Reforms, Robin Kundis Craig 2015 Seattle University School of Law

Re-Tooling Marine Food Supply Resilience In A Climate Change Era: Some Needed Reforms, Robin Kundis Craig

Seattle University Law Review

Ocean fisheries and marine aquaculture are an important but often overlooked component of world food security. For example, of the seven billion (and counting) people on the planet, over one billion depend on fish as their primary source of protein, and fish is a primary source of protein (30 percent or more of protein consumed) in many countries around the world, including Japan, Greenland, Taiwan, Indonesia, several countries in Africa, and several South Pacific island nations. Marine fisheries and marine aquaculture have been subject to a number of stressors that can undermine world food security, including overfishing, habitat destruction, and ...


Pay No Attention To That Man Behind The Curtain: Concealment, Revelation, And The Question Of Food Safety, Denis W. Stearns 2015 Seattle University School of Law

Pay No Attention To That Man Behind The Curtain: Concealment, Revelation, And The Question Of Food Safety, Denis W. Stearns

Seattle University Law Review

Despite knowledge that commerce in food is a profit-driven enterprise, the public has consistently put great faith in the wholesomeness and safety of the food being purchased. To some extent, such faith is necessary, even if not always justified. In making the decision to put a bite of food in one’s own mouth, or the mouth of a friend or family member, a form of faith or trust must accompany the act of eating. For who would knowingly eat food suspected to be unsafe? But that is precisely what millions of people do every year, with a great many ...


Prólogo, Luis González Vaqué 2015 Asociación Iberoamericana para el Derecho Alimentario

Prólogo, Luis González Vaqué

Luis González Vaqué

El consumo de alimentos es un aspecto substancial del comportamiento cultural en su sentido más amplio. Comer ha estado siempre sometido a reglas: religiosas en un principio, tradicionales desde tiempos inmemoriales y, finalmente, jurídicas. Estas pautas de comportamiento alimentario, con diversos niveles de obligatoriedad, siguen cohabitando temporal y territorialmente en la actualidad.

En este breve resumen de este interesante libro electrónico, titulado precisamente "La legislación alimentaria y su aplicación en la industria", no deseo extenderme más sobre lo que es y significa alimentarse: sí quiero recordar, de todos modos, que la magia y el simbolismo atribuidos a ciertos productos alimenticios ...


La Mala Calidad De La Futura Ley Para La Defensa De La Calidad Alimentaria, Luis González Vaqué 2015 Asociación Iberoamericana para el Derecho Alimentario

La Mala Calidad De La Futura Ley Para La Defensa De La Calidad Alimentaria, Luis González Vaqué

Luis González Vaqué

El sector de la producción y comercio alimentarios en España: posible impacto de la futura Ley para la Defensa de la Calidad Alimentaria. Véase: http://www.cateconomica.com/Articulo/La-mala-calidad-de-la-futura-Ley-para-la-Defensa-de-la-Calidad-Alimentaria


Information To Consumers On The Absence Or Reduced Presence Of Gluten In Food: Commission Implementing Regulation (Eu) No 828/2014 / July 17, 2015, Luis González Vaqué 2015 EFLA

Information To Consumers On The Absence Or Reduced Presence Of Gluten In Food: Commission Implementing Regulation (Eu) No 828/2014 / July 17, 2015, Luis González Vaqué

Luis González Vaqué

On 30 July 2014, the European Commission adopted Commission Implementing Regulation (EU) No 828/2014 of 30 July 2014 on the requirements for the provision of information to consumers on the absence or reduced presence of gluten in food.

In this article, renowned food lawyer Mr. Luis González Vaqué seeks to analyse what is new in this Community legislation. To do so he first look briefly at Commission Regulation (EC) No 41/2009 of 20 January 2009 concerning the composition and labelling of foodstuffs suitable for people intolerant to gluten, especially because Implementing Regulation No. 828/2014 will only enter ...


El Insostenible Desperdicio De Alimentos: ¿Qué Podemos Hacer Los Consumidores?, Luis González Vaqué 2015 Asociación Iberoamericana para el Dereho Alimentario

El Insostenible Desperdicio De Alimentos: ¿Qué Podemos Hacer Los Consumidores?, Luis González Vaqué

Luis González Vaqué

Abstract: All of us - farmers and fishers; food processors and supermarkets; local and national governments; individual consumers - must make changes at every link of the human food chain to prevent food wastage from happening in the first place, and re-use or recycle it when we can't. We simply cannot allow one-third of all the food we produce to go to waste or be lost because of inappropriate practices, when 870 million people go hungry every day. On consumer side, raising awareness of the problem - and how to prevent it - is very important. Better communication among all participants in food ...


Deceptive Advertising Or Evolving Science? How "Barefoot Running" Demonstrates Novel Strategies For Defending False Advertising Lawsuits Under State Deceptive Trade Practices Acts, Joshua T. Calo 2015 Villanova University School of Law

Deceptive Advertising Or Evolving Science? How "Barefoot Running" Demonstrates Novel Strategies For Defending False Advertising Lawsuits Under State Deceptive Trade Practices Acts, Joshua T. Calo

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Asadi: Renegade Or Precursor Of Who Is A Whistleblower Under The Dodd-Frank Act?, Mystica M. Alexander, John O. Hayward, David Missirian 2015 Bentley University

Asadi: Renegade Or Precursor Of Who Is A Whistleblower Under The Dodd-Frank Act?, Mystica M. Alexander, John O. Hayward, David Missirian

Pace Law Review

Whistleblowers have a long and honorable history. From Ralph Nader blowing the whistle on the hazards of GM’s Corvair in Unsafe at Any Speed1 in the 1960’s to Jeffrey Wigand in 1996 exposing the duplicity of the tobacco industry, whistleblowers have put conscience ahead of career and personal success to expose corporate fraud and wrongdoing. Not surprisingly, they have had to endure ridicule and ostracism as well as financial hardship. Legislation has sought to protect them from retribution, often with mixed success. The most recent legislative effort is the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank ...


A Statutory Override Of An "As Is" Sale: An Historical Appraisal And Analysis Of The Ucc, Magnuson-Moss, And State Lemon Laws, Richard J. Hunter Jr. 2015 Professor of Legal Studies, Stillman School of Business, Seton Hall University

A Statutory Override Of An "As Is" Sale: An Historical Appraisal And Analysis Of The Ucc, Magnuson-Moss, And State Lemon Laws, Richard J. Hunter Jr.

Richard J Hunter Jr.

ABSTRACT

This article considers the common law view that a sale of a used car is essentially “as is,” in light of state “lemon laws” which attempt to protect the interests of used car buyers under certain circumstances. The article focuses on major provisions of the New Jersey “lemon law” which provide for specific vehicle and parts coverage, length of warranty protections, and buyer rights in case the automobile is deemed to be a “lemon,” as potential areas of concentration for further state-specific legislation. The article describes the essence of a traditional “as is” sale, and highlights the fact that ...


Unfair And Deceptive Robots, Woodrow Hartzog 2015 University of Maryland Francis King Carey School of Law

Unfair And Deceptive Robots, Woodrow Hartzog

Maryland Law Review

No abstract provided.


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