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Full-Text Articles in Law
An Institutional Analysis Of Consumer Law, A. B. Overby
An Institutional Analysis Of Consumer Law, A. B. Overby
Vanderbilt Journal of Transnational Law
This Article explores the revival of interest in consumer protection in the United States, and the impact of this revival on the consumer movement. The Author examines the influence that political organizations and institutions have upon the final shape and content of consumer law in the United States and European Union. The Article begins with a general introduction to institutional theory across academic disciplines and to the institutional environment and arrangements in which consumer lawmaking proceeds in the United States and Europe. Next, the Article assesses consumer initiatives in the United States and the European Union, focusing on deceptive advertising, …
Heirs Of Leonardo: Cultural Obstacles To Strict Products Liability In Italy, Anita Bernstein, Paul Fanning
Heirs Of Leonardo: Cultural Obstacles To Strict Products Liability In Italy, Anita Bernstein, Paul Fanning
Vanderbilt Journal of Transnational Law
In this Article, Professor Bernstein and Mr. Fanning argue that strict products liability, a legal rule recently adopted in the European Union, clashes with the culture of one of its large Member States, Italy. Using a wide array of source material--history, political sociology, literature, and numerous interviews--the authors begin with Italian traditions, exploring their implications for legal change. Strict products liability conflicts with these traditions. The doctrine is collectivist, tending to regard individuals in terms of group membership. Italians reject this aggregation, and affirm the singularity of a product design. The authors conclude that the EU attempt to harmonize its …