Open Access. Powered by Scholars. Published by Universities.®

Consumer Protection Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2,063 Full-Text Articles 1,467 Authors 544,491 Downloads 65 Institutions

All Articles in Consumer Protection Law

Faceted Search

2,063 full-text articles. Page 1 of 30.

Complexity And Simplicity In Law: A Review Essay (Cass R. Sunstein, Simpler: The Future Of Government (2003)), David M. Driesen 2014 Syracuse University

Complexity And Simplicity In Law: A Review Essay (Cass R. Sunstein, Simpler: The Future Of Government (2003)), David M. Driesen

David M Driesen

This essay discusses Cass Sunstein’s book, Simpler: The Future of Government, in order to advance our understanding of the concepts of complex and simple law. Many writers identify complexity with uncertainty and high cost. This essay argues that complexity bears no fixed relationship to costs or benefits. It also shows that complexity’s relationship to uncertainty is so ambiguous that it is profitable to treat complexity and uncertainty as separate concepts. It develops useful separate concepts of legal and compliance complexity that will aid efforts to simplify law, like the one Sunstein claims to have embarked upon. It also ...


The Troubled State Of America's Nursing Homes, Albert Moran 2014 SelectedWorks

The Troubled State Of America's Nursing Homes, Albert Moran

Albert Moran

Even the most cursory search of news coverage involving nursing homes reveals that horror stories are not difficult to come by. Although the grisly details of each individual horror story vary, most of them share the same general story line—through some combination of gross negligence and profound systemic failure, elderly citizens can experience disturbing conditions in nursing homes that result in suffering and sometimes death. While egregious stories make local news headlines every so often and prompt a brief firestorm of public criticism, the everyday reality of nursing homes is much less sensationalized, and arguably even more sobering. Statistics ...


Can Consumers Bring State Claims For Furnisher Errors On Their Credit Reports, Catherine Bourque 2014 American University Washington College of Law

Can Consumers Bring State Claims For Furnisher Errors On Their Credit Reports, Catherine Bourque

Legislation and Policy Brief

In an increasingly digital world, it can often feel like numbers define us. Whether your social security number, your phone number, or your credit score, the cold truth is that your identity is often boiled down to a single number. In the financial world, your credit score traditionally defines your eligibility for credit and the cost of credit, but the uses of credit scores have expanded to include premiums for insurance, employment eligibility, and other non-financial determinations. Particularly in tough financial times, small fluctuations in credit scores can have large impacts on consumers’ access to affordable credit.

As furnishers and ...


Sacred Cows, Holy Wars: Exploring The Limits Of Law In The Regulation Of Raw Milk And Kosher Meat, Kenneth Lasson 2014 SelectedWorks

Sacred Cows, Holy Wars: Exploring The Limits Of Law In The Regulation Of Raw Milk And Kosher Meat, Kenneth Lasson

Kenneth Lasson

SACRED COWS, HOLY WARS

Exploring the Limits of Law in the Regulation of Raw Milk and Kosher Meat

By Kenneth Lasson

Abstract

In a free society law and religion seldom coincide comfortably, tending instead to reflect the inherent tension that often resides between the two. This is nowhere more apparent than in America, where the underlying principle upon which the first freedom enunciated by the Constitution’s Bill of Rights is based ‒ the separation of church and state – is conceptually at odds with the pragmatic compromises that may be reached. But our adherence to the primacy of individual rights and ...


Análisis Económico De Las Sanciones Administrativas En El Derecho De La Competencia Y Del Consumo, Camilo Ossa 2014 SelectedWorks

Análisis Económico De Las Sanciones Administrativas En El Derecho De La Competencia Y Del Consumo, Camilo Ossa

Camilo Ossa

Encontrará el lector una revisión de un aspecto puntual relacionado con la posibilidad que investigaciones originadas por infracciones al consumidor puedan ser sancionadas vía competencia, con el fin de aprovechar el mayor valor de la sanción, de lo cual se hará una revisión de los aspectos jurídicos que ello implica, además de una propuesta, utilizando herramientas del Análisis Económico del Derecho, que nos puede llevar a convertir una una sanción que se cree “pequeña” en eficiente, siendo óptima para el cumplimiento del fin propuesto en la misma ley. Son dos aspectos puntuales relacionados, primero, con la parte teórica que hay ...


The Missing Link: U.S. Regulation Of Consumer Cosmetic Products To Protect Human Health And The Environment, Valerie J. Watnick 2014 Pace University

The Missing Link: U.S. Regulation Of Consumer Cosmetic Products To Protect Human Health And The Environment, Valerie J. Watnick

Pace Environmental Law Review

This article explores these lax regulatory efforts and their connection to risk assessment, and proposes changes to our current toxics regulatory paradigm. Part I of this article explores our current regulatory approach for consumer cosmetics. Part II discusses the specific and dire concerns regarding chemicals that are suspected carcinogens and those suspected of disrupting the human endocrine system. The article argues in Part III that because the framework for our current regulation of consumer cosmetic products is not designed to be protective of human health, our regulatory paradigm must shift dramatically in the future if this is to become our ...


Daños Punitivos En Mexico. Renacimiento De La Responsabilidad Civil, Jorge E. De Hoyos Walther 2014 SelectedWorks

Daños Punitivos En Mexico. Renacimiento De La Responsabilidad Civil, Jorge E. De Hoyos Walther

Jorge E De Hoyos Walther

La Suprema Corte de Justicia reconoce la existencia de los daños punitivos en México. Esta resolución tendrá un impacto importante en las demandas por responsabilidad civil y en los litigios transfronterizos.


The Law And Economics Of Microfinance, Katherine Helen Mary Hunt 2014 SelectedWorks

The Law And Economics Of Microfinance, Katherine Helen Mary Hunt

Katherine Helen Mary Hunt

Financial inclusion may be jargon which appeals to international donors and academics, but the strategic implementation in developing countries is often based on international du jour priorities, such as microfinance. The topic of microfinance is highly debated in the academic literature, although little empirical work has been published. Further, no literature to date has considered microfinance from a law and economics perspective. This paper seeks to contribute to the gap in the literature by considering how microfinance has evolved to address the credit market failure, and how microfinance regulation should be designed to promote long term financial inclusion via financially ...


The Future Of The Private Label Securities Market, David J. Reiss 2014 SelectedWorks

The Future Of The Private Label Securities Market, David J. Reiss

David J Reiss

The PLS market, like all markets, cycles from greed to fear, from boom to bust. The mortgage market is still in the fear part of the cycle and recent government interventions in it have, undoubtedly, added to that fear. In recent days, there has been a lot of industry pushback against the government’s approach, including threats to pull out of various sectors. But the government should not chart its course based on today’s news reports. Rather, it should identify fundamentals and stick to them. In particular, its regulatory approach should reflect an attempt to align incentives of market ...


Comentarios Al Proyecto Sobre Justicia En Las Relaciones De Consumo, Gabriel Martinez Medrano 2014 SelectedWorks

Comentarios Al Proyecto Sobre Justicia En Las Relaciones De Consumo, Gabriel Martinez Medrano

Gabriel Martinez Medrano

Comentario al Proyecto del P.E. Argentino sobre Justicia para las relaciones de Consumo (menor cuantía). Visión positiva del proyecto con algunas indicaciones prácticas.


The Price Of Crisis: Eminent Domain, Local Governments, And The Value Of Underwater Mortgages, Raymond H. Brescia, Nicholas Martin 2014 SelectedWorks

The Price Of Crisis: Eminent Domain, Local Governments, And The Value Of Underwater Mortgages, Raymond H. Brescia, Nicholas Martin

Raymond H Brescia

In response to the lingering fallout from the Financial Crisis of 2008, local governments have begun to explore whether it is wise and legal to use the power of eminent domain to seize distressed home mortgages. This Article attempts to situate this approach to such mortgages within the larger economic, legal and policy context and asks three key questions. First, are local governments appropriate actors to address the lingering problem of underwater mortgages? Second, assuming they are appropriate actors to address this problem, how should localities and, if necessary, courts, value underwater mortgages in the context of condemnation proceedings: i ...


Armed, Unarmed Or Harmed By Knowledge? A Comment On The Fha's Housing Counseling Pilot Program, David J. Reiss 2014 SelectedWorks

Armed, Unarmed Or Harmed By Knowledge? A Comment On The Fha's Housing Counseling Pilot Program, David J. Reiss

David J Reiss

The FHA has requested input on its Homeowners Armed with Knowledge (HAWK) for New Homebuyers pilot program. This comment letter argues that housing counseling is not a proven solution to the problem it is meant to solve, excessive defaults by FHA borrowers. HAWK is a traditional housing counseling program but the scholarly literature casts into doubt the efficacy of such programs. It would be better to take time to research which counseling strategies, if any, are proven to be effective. This is true for the FHA but also for other government agencies, such as the Consumer Financial Protection Bureau, that ...


Too Complex To Perceive? Drafting Cash Distribution Waterfalls Directly As Code To Reduce Complexity And Legal Risk In Structured Finance, Master Limited Partnership, And Private Equity Transactions, Ralph C. Mayrell 2014 Pace University

Too Complex To Perceive? Drafting Cash Distribution Waterfalls Directly As Code To Reduce Complexity And Legal Risk In Structured Finance, Master Limited Partnership, And Private Equity Transactions, Ralph C. Mayrell

Pace Law Review

This Article proposes that complex structured finance transactions involving sophisticated investors should adopt an analogous solution to the home construction agreements’ strategy of contracting by reference to blueprints. First, dealmakers should, preferably by choice, place as much of their waterfall distribution specification and related inputs as possible into automated, programmatic representations that will be used to make the actual distribution. In many cases, these agreements already have programmatic representations, so this change should pose relatively few practical challenges logistically. Second, they should, like their counterparts in construction contracts, define the terms of those waterfalls by reference to their functional representations ...


Punitive Damages In Mexico, Jorge E. De Hoyos Walther 2014 SelectedWorks

Punitive Damages In Mexico, Jorge E. De Hoyos Walther

Jorge E De Hoyos Walther

In July 2014 several Court precedents were published, through which the existence of “Punitive Damages” in Mexico was recognized. This resolution will change the way in which civil liability is perceived in our country, and will have implications for individuals and companies doing business overseas.


Take It Or Leave It: Unconscionability Of Mandatory Pre-Dispute Arbitration Agreements In The Securities Industry, William Alan Nelson II 2014 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 ...


Discrimination In Customer Segmentation Marketing Practices, Jude A. Thomas 2014 University of Akron

Discrimination In Customer Segmentation Marketing Practices, Jude A. Thomas

Jude A Thomas

Customer segmentation is a powerful analytical marketing practice that is employed by a wide range of businesses to segregate customers with similar characteristics into subgroups in order to inform operational business processes. Such practices allow firms to better allocate their resources in order to form more profitable customer relationships, but they also have the capacity to lead to unfair discriminatory impact upon customer groups. Current legislation is largely unprotective of customers so positioned, but recent trends in the insurance and lending industries suggest that a broader application of anti-discrimination laws could foretell a future of greater restrictions on the implementation ...


The Continuing Battle Of Fda Regulation Of Dietary Supplements And Their Adverse Affect On Young Adults And Other Individuals, Andrew Bernard Jaffe 2014 SelectedWorks

The Continuing Battle Of Fda Regulation Of Dietary Supplements And Their Adverse Affect On Young Adults And Other Individuals, Andrew Bernard Jaffe

Andrew Bernard Jaffe

THE CONTINUING BATTLE OF FDA REGULATION OF DIETARY SUPPLEMENTS AND THEIR ADVERSE AFFECT ON YOUNG ADULTS AND OTHER INDIVIDUALS

Abstract

Ever since the enactment of the Dietary Supplement Health and Education Act of 1994 (DSHEA) the Food and Drug Administration (FDA) has struggled to regulate dietary supplements. This is due to the definition of dietary supplements as foods in the act. This gives supplement manufacturers greater loopholes when introducing supplements on the market. The FDA’s inability to regulate dietary supplements efficiently has been present for decades. Multiple battles are still occurring today which is proven to have an adverse ...


Summary Of Century Sur. Co. V. Casino W., Inc., 130 Adv. Nev. Op. 42, Michael Paretti 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Summary Of Century Sur. Co. V. Casino W., Inc., 130 Adv. Nev. Op. 42, Michael Paretti

Nevada Supreme Court Summaries

The court determined whether two distinct provisions of an insurance policy regarding air pollution were subject to multiple reasonable interpretations.


Summary Of Lavi V. Eighth Judicial District Court, 130 Nev. Adv. Op. 38, Danielle Barraza 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Summary Of Lavi V. Eighth Judicial District Court, 130 Nev. Adv. Op. 38, Danielle Barraza

Nevada Supreme Court Summaries

The Court determined whether waiver of the “one-action rule” of NRS 40.430 terminates the procedural requirements for bringing a deficiency judgment action within six months of foreclosure under NRS 40.455.


The Evolution Of The Class Action Trial In Ontario, Jon Foreman, Genevieve Meisenheimer 2014 Western University

The Evolution Of The Class Action Trial In Ontario, Jon Foreman, Genevieve Meisenheimer

Western Journal of Legal Studies

Only a few short years ago, there was a nearly universal view among practitioners in the class actions field: any class action case that could be certified was almost surely going to settle. The fact of the matter, however, is that this universal view is incorrect. Full-blown class action trials have been occurring in Canada for decades. The authors of this paper embarked on an investigative research project in 2011, aimed at discovering, to the greatest extent possible, all class action matters across the country that had been tried since the advent of class action legislation. Because there were no ...


Digital Commons powered by bepress