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Articles 1 - 9 of 9
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Mechanisms For The Protection Of Online Consumers: A Comparative Analysis Of The U. S. E-Sign Act And Thai E-Transactions Act, Watchara Neitivanich
Mechanisms For The Protection Of Online Consumers: A Comparative Analysis Of The U. S. E-Sign Act And Thai E-Transactions Act, Watchara Neitivanich
Annual Survey of International & Comparative Law
Digital certificates assure online shoppers that the online merchants with whom they are considering doing business in fact exist and that they are who they claim to be. Similarly, online merchants can also be certain that persons who place orders are really who they claim to be, and the order cannot be repudiated once it has been digitally signed. Authenticated digital signatures provide stronger evidence of the source and integrity of a message than an electronic replica of a physical handwritten signature affixed on hard copy output. Digital signature technology is not an absolute answer to all problems, but it …
The Greenwashing Deluge: Who Will Rise Above The Waters Of Deceptive Advertising?, Elizabeth K. Coppolecchia
The Greenwashing Deluge: Who Will Rise Above The Waters Of Deceptive Advertising?, Elizabeth K. Coppolecchia
University of Miami Law Review
No abstract provided.
“Supplementing” The Dshea: Congress Must Invest The Fda With Greater Regulatory Authority Over Nutraceutical Manufacturers By Amending The Dietary Supplement Health And Education Act. 98 Cal. L. Rev. 493., Rahi Azizi
Rahi Azizi
ABSTRACT This paper addresses serious deficiencies in the Dietary Supplement Health and Education Act, or "DSHEA." In it, I argue that the DSHEA (a federal statute passed by Congress in 1994, superseding the Food Drug and Cosmetics Act as the applicable law governing the sale of nutraceutical products) gives impermissible latitude to manufacturers of dietary supplements by allowing them to sell products without establishing whether they are safe or effective. The DSHEA also allows manufacturers to employ unsubstantiated and misleading labeling claims in marketing their products. I assert that the DSHEA promotes deceptive labeling practices. I also suggest that the …
Off-Label Drug Promotion Is Lost In Translation: A Prescription For A Public Health Approach To Regulating The Pharmaceutical Industry's Right To Market And Sell Its Products, Mariestela Buhay
Journal of Health Care Law and Policy
No abstract provided.
Progress In The Challenge To Regulate Online Pharmacies, Jeff Karberg
Progress In The Challenge To Regulate Online Pharmacies, Jeff Karberg
Journal of Law and Health
Imagine for a moment that after borrowing a credit card, a teenager strolls down the block to the local pharmacy. At the pharmacy, a doctor is at the door waiting and willing to prescribe anything to anyone. After answering a few questions, the teenager receives his prescription, where he takes it to the drug counter and places an order for a dangerous amount of painkillers. Imagine further that the teenager develops an addiction to the drugs and purchases an increased dosage each visit until finally, the teen dies from an overdose from the easily obtained prescription drugs. The situation described …
Is Fashion An Art Form That Should Be Protected Or Merely A Constantly Changing Media Encouraging Replication Of Popular Trends, Alissandra Burack
Is Fashion An Art Form That Should Be Protected Or Merely A Constantly Changing Media Encouraging Replication Of Popular Trends, Alissandra Burack
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Balancing Of Markets, Litigation And Regulation, Keith N. Hylton, Larry E. Ribstein, Paul H. Rubin, Todd J. Zywicki
Balancing Of Markets, Litigation And Regulation, Keith N. Hylton, Larry E. Ribstein, Paul H. Rubin, Todd J. Zywicki
Faculty Scholarship
In addition to judicial education programs that the Law and Economics Center conducts, we also have a division that focuses on public policy research, known as the Searle Civil Justice Institute. In November, we held a public policy roundtable where we commissioned a variety of research and brought together a group of experts, both academic and practitioner experts, to discuss the issue of balancing the appropriate roles of markets, litigation, and regulation. And the notion there is that each one - markets, litigation, and regulation - can and probably should play a role in addressing various consumer harms.
Ending Genetic Monopolies: How The Trips Agreement's Failure To Exclude Gene Patents Thwarts Innovation And Hurts Consumers Worldwide, Cydney A. Fowler
Ending Genetic Monopolies: How The Trips Agreement's Failure To Exclude Gene Patents Thwarts Innovation And Hurts Consumers Worldwide, Cydney A. Fowler
American University International Law Review
No abstract provided.
Plaintiffs' Bar Cannot Enforce The Laws: Individual Reliance Issues Prevent Consumer Protection Classes In The Eighth Circuit, The, Michael B. Barnett
Plaintiffs' Bar Cannot Enforce The Laws: Individual Reliance Issues Prevent Consumer Protection Classes In The Eighth Circuit, The, Michael B. Barnett
Missouri Law Review
This Note will specifically consider the implications of In re St. Jude on class certification sought under the Missouri Merchandising Practices Act (MMPA) in federal court. Though Missouri case law does not require reliance to be shown to bring an individual action under the MMPA, federal courts likely would require a showing of causation in which common facts of reliance exist in the class context. This is true, in part, because of the similarities in the Missouri and Minnesota statutes. Further, even though the Supreme Court of Missouri is the final arbiter of Missouri law, the MMPA adopts the Federal …