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Take It Or Leave It: Unconscionability Of Mandatory Pre-Dispute Arbitration Agreements In The Securities Industry, William Alan Nelson II 2015 SelectedWorks

Take It Or Leave It: Unconscionability Of Mandatory Pre-Dispute Arbitration Agreements In The Securities Industry, William Alan Nelson Ii

William Alan Nelson II

The pervasive use of mandatory pre-dispute arbitration agreements in the securities industry is a relatively new phenomenon. However, research reflects that an overwhelming majority of retail brokerage and investment advisory agreements include language requiring that all disputes between the customer and the broker-dealer / investment adviser be resolved through arbitration – most often with Financial Industry Regulatory Authority (FINRA) Dispute Resolution. Thus, only in rare instances can an investor open either a brokerage or investment advisory account without agreeing to submit to mandatory pre-dispute arbitration.

The enclosed article is the first to focus on the fairness of mandatory pre-dispute arbitration agreements through ...


The Cost Of Protectionism: Should The Law Favor Producers Or Consumers?, Robert W. McGee 2014 University of Georgia School of Law

The Cost Of Protectionism: Should The Law Favor Producers Or Consumers?, Robert W. Mcgee

Georgia Journal of International & Comparative Law

No abstract provided.


Summary Of State, Dept. Of Bus. And Industry V. Check City P’Ship, 130 Nev. Adv. Op. 90, Daven Cameron 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Summary Of State, Dept. Of Bus. And Industry V. Check City P’Ship, 130 Nev. Adv. Op. 90, Daven Cameron

Nevada Supreme Court Summaries

The Court interpreted NRS 605A.425 and concluded that the statute unambiguously provides that a borrower’s deferred deposit loan is to be capped at 25 percent of the borrower’s expected gross monthly income. This cap includes both principal and any interest or fees charged.


Mutual Pharmaceutical Co. V. Bartlett: A Need For “Explicit” Congressional Action And State Tort Law Reform, Kara A. Ritter 2014 SelectedWorks

Mutual Pharmaceutical Co. V. Bartlett: A Need For “Explicit” Congressional Action And State Tort Law Reform, Kara A. Ritter

Kara A Ritter

No abstract provided.


Broker-Dealer: A Fiduciary By Any Other Name?, William Alan Nelson II 2014 SelectedWorks

Broker-Dealer: A Fiduciary By Any Other Name?, William Alan Nelson Ii

William Alan Nelson II

Broker-dealers, unlike investment advisers, are not regulated as fiduciaries when providing investment advice, even though broker-dealers are holding themselves out as financial advisors and offering virtually identical services to investors. The lack of consistent regulation of financial service providers arises from the structure in which advice historically has been delivered. Financial services regulation since the Great Depression has developed along roughly dual tracks: laws governing the sale of financial products, which may or may not require that the products be suitable for the customer, and laws governing investment advice, which impose a fiduciary requirement on the adviser to act solely ...


Even More Than You Wanted To Know About The Failures Of Disclosure, Florencia Marotta-Wurgler 2014 NELLCO

Even More Than You Wanted To Know About The Failures Of Disclosure, Florencia Marotta-Wurgler

New York University Law and Economics Working Papers

Nobody reads fine print—even when it matters. The most common regulatory approach to attenuate the (perceived) problem of non-readership has long been mandatory disclosure. Despite it’s theoretical appeal, disclosure has not been found to be fully effective in practice. In More Than You Wanted to Know: The Failure of Mandated Disclosure, Omri Ben-Shahar and Carl Schneider offer the first systematic critique of disclosure regulation in all of its forms, including the latest innovations. This essay reviews the book by focusing on two points. First, it offers fresh evidence on the failure of mandated disclosure by looking at changes ...


Who Says My Halloween Costume Is Offensive?, MarySheila McDonald 2014 La Salle University

Who Says My Halloween Costume Is Offensive?, Marysheila Mcdonald

Explorer Café

No abstract provided.


A Manufacturer's Duty To Warn In A Modern Day Tower Of Babel, S. Mark Mitchell 2014 University of Georgia School of Law

A Manufacturer's Duty To Warn In A Modern Day Tower Of Babel, S. Mark Mitchell

Georgia Journal of International & Comparative Law

No abstract provided.


The Jurisprudence Of Nature: The Importance Of Defining What Is "Natural", Jill M. Fraley 2014 The Catholic University of America, Columbus School of Law

The Jurisprudence Of Nature: The Importance Of Defining What Is "Natural", Jill M. Fraley

Catholic University Law Review

Informal regulations defining nature, natural, and organic have proliferated across diverse fields of law from patents to agriculture, from taxation to gemstones. The unwritten jurisprudence of defining nature is primarily a story of the struggle to isolate mankind’s manipulations and interventions, creating a man-nature dichotomy that frustrates more than it explicates. This failure to define nature continues with the Supreme Court’s recent Myriad decision, which struggles to define the law of nature exception to patentability, highlighting the challenge of measuring levels of human intervention and manipulation. Our dichotomous definitions do not generate neat, binary answers, but rather complicated ...


A Comprehensive Economic And Legal Analysis Of Tying Arrangements, Guy Sagi 2014 Seattle University School of Law

A Comprehensive Economic And Legal Analysis Of Tying Arrangements, Guy Sagi

Seattle University Law Review

The law of tying arrangements as it stands does not correspond with modern economic analysis. Therefore, and because tying arrangements are so widely common, the law is expected to change and extensive academic writing is currently attempting to guide its way. In tying arrangements, monopolistic firms coerce consumers to buy additional products or services beyond what they intended to purchase. This pressure can be applied because a consumer in a monopolistic market does not have the alternative to buy the product or service from a competing firm. In the absence of such choice, the monopolistic firm can allegedly force the ...


Cgmp Violations Should Not Be Used As A Basis For Fca Actions Absent Fraud, Kyle Faget 2014 Seattle University School of Law

Cgmp Violations Should Not Be Used As A Basis For Fca Actions Absent Fraud, Kyle Faget

Seattle University Law Review

Since Congress amended the False Claims Act (FCA) in 1986, the statute has evolved into a seemingly boundless weapon for enforcing other statutes and regulations applicable to every industry that accepts any form of government funding. Use of the FCA by the Department of Justice (DOJ) and by private citizens bringing actions on behalf of the U.S. government to enforce other statutes and regulations is particularly evident in the field of health care. The FCA has been utilized in actions where the allegations include off-label promotion of drugs, kickbacks, and violations of current good manufacturing practices (cGMPs) by linking ...


Ironic Simplicity: Why Shaken Baby Syndrome Misdiagnoses Should Result In Automatic Reimbursement For The Wrongly Accused, Jay Simmons 2014 Seattle University School of Law

Ironic Simplicity: Why Shaken Baby Syndrome Misdiagnoses Should Result In Automatic Reimbursement For The Wrongly Accused, Jay Simmons

Seattle University Law Review

Shaken baby syndrome (SBS)’s shortcomings include the debatable science behind SBS theory and diagnosis—the questioning of which has grown more vociferous—and the arguably biased, discriminatory treatment of the accused. Professor Deborah Tuerkheimer notes that the evolving SBS skepticism and contentious debate has resulted in "chaos" in many SBS adjudications and within the medical and biomechanical fields, with the same SBS proponents and opponents continually crusading for and clashing over their beliefs. The issues surrounding the medical and biomechanical components of SBS diagnoses have been repeatedly examined and discussed, and are not the focus of this Note. This ...


Consumer-Credit Lawsuits In The New York City Civil Court, Gerald Lebovits 2014 SelectedWorks

Consumer-Credit Lawsuits In The New York City Civil Court, Gerald Lebovits

Gerald Lebovits

No abstract provided.


Class(Ic) Settlement Problems, Curtis E.A. Karnow 2014 SelectedWorks

Class(Ic) Settlement Problems, Curtis E.A. Karnow

Curtis E.A. Karnow

A collection of classic problems in papers filed for preliminary court approval of class action settlements


Protecting Whistleblower Protections In The Dodd-Frank Act, Samuel C. Leifer 2014 University of Michigan Law School

Protecting Whistleblower Protections In The Dodd-Frank Act, Samuel C. Leifer

Michigan Law Review

In 2008, the United States fell into its worst economic recession in over seventy years. In response, Congress enacted the near-comprehensive Dodd–Frank Wall Street Reform and Consumer Protection Act. Section 922 of Dodd–Frank, in particular, includes specific provisions designed to incentivize and protect corporate whistleblowers. These provisions demonstrated Congress’s belief that a comprehensive and robust whistleblower protection scheme was essential to preventing many of the abuses that caused the financial crisis. Unfortunately, this section’s inconsistent language has produced conflicting decisions within the federal judiciary. In accordance with the Securities and Exchange Commission (“SEC”)’s own reading ...


Will Increased Disclosure Help? Evaluating The Recommendations Of The Ali's 'Principles Of The Law Of Software Contracts', Florencia Marotta-Wurgler 2014 NELLCO

Will Increased Disclosure Help? Evaluating The Recommendations Of The Ali's 'Principles Of The Law Of Software Contracts', Florencia Marotta-Wurgler

New York University Law and Economics Working Papers

The aim of the American Law Institute’s new “Principles of the Law of Software Contracts” is to improve online contracting practices. Instead of regulating terms directly to reduce the possibility of unfair or biased terms, the Principles emphasize increased contract disclosure to encourage readership and comparison shopping. In this Article, I test whether increasing disclosure in the proposed manner is likely to increase readership in the setting of end user license agreements (EULAs) of software sold online. I follow the clickstreams of 47,399 households to 81 Internet software retailers and find that EULAs are approximately 0.36 percent ...


The Evolution And Decline Of The Effective-Vindication Doctrine In U.S. Arbitration Law, Okezie Chukwumerije 2014 Pepperdine University

The Evolution And Decline Of The Effective-Vindication Doctrine In U.S. Arbitration Law, Okezie Chukwumerije

Pepperdine Dispute Resolution Law Journal

This article offers information on the history, significance and role of the effective-vindication doctrine in U.S. arbitration law in promoting access to justice. It analyzes the significance of broad policy implications regarding the interpretation of the Federal Arbitration Act (FAA) by the Court facilitating the arbitration of commercial disputes and protecting the statutory rights of consumers in the context of the U.S. Supreme Court's decision in Green Tree Financial Corp. v. Randolph.


Loose Teeth In European Union Consumer Protection Policy: The Injunction Directive And The Mass Default Scenario, David J. Schwartz 2014 University of Georgia School of Law

Loose Teeth In European Union Consumer Protection Policy: The Injunction Directive And The Mass Default Scenario, David J. Schwartz

Georgia Journal of International & Comparative Law

No abstract provided.


High Technology, Consumer Privacy, And U.S. National Security : Hearing Before The Subcomm. On Commerce, Manufacturing, And Trade Of The H. Comm. On Energy And Commerce, 113th Cong., September 17, 2014 (Remarks By Professor Laura K. Donohue, Geo. U. L. Center), Laura K. Donohue 2014 Georgetown University Law Center

High Technology, Consumer Privacy, And U.S. National Security : Hearing Before The Subcomm. On Commerce, Manufacturing, And Trade Of The H. Comm. On Energy And Commerce, 113th Cong., September 17, 2014 (Remarks By Professor Laura K. Donohue, Geo. U. L. Center), Laura K. Donohue

Testimony Before Congress

Documents released over the past year detailing the National Security Agency’s telephony metadata collection program and interception of international content under the Foreign Intelligence Surveillance Act (FISA) directly implicated U.S. high technology companies in government surveillance. The result was an immediate, and detrimental, impact on U.S. firms, the economy, and U.S. national security.

The first Snowden documents, printed June 5, 2013, revealed that the U.S. government had served orders on Verizon, directing the company to turn over telephony metadata under Section 215 of the USA PATRIOT Act. The following day, The Guardian published classified slides ...


Get The Lead Out: A New Approach For Regulating The U.S. Toy Market In A Globalized World, Gabriel Allen 2014 University of Georgia School of Law

Get The Lead Out: A New Approach For Regulating The U.S. Toy Market In A Globalized World, Gabriel Allen

Georgia Journal of International & Comparative Law

No abstract provided.


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