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Full-Text Articles in Law

Searching For The Holy Grail: The Human Genome Project And Its Implications , Allison Morse Jan 1999

Searching For The Holy Grail: The Human Genome Project And Its Implications , Allison Morse

Journal of Law and Health

This Paper will explore the ethical considerations of the reductionist paradigm that the Human Genome Project represents, and analyze how this paradigm affects our political institutions, our family relationships, and even our identity. Part Two will provide the scientific background for a discussion of the Human Genome Project. It will begin by defining two competing theoretical constructs scientists use when exploring biological phenomenon: reductionism and organism. This Part will then offer a rudimentary explanation of how genes function. Yet even this rudimentary explanation illustrates the complexity involved in the functioning of genes, leaving the reductionist notions of genes as the …


Misconceptions And Misleading Information Prevail - Less Regulation Does Not Mean Less Danger To Consumers: Dangerous Herbal Weight Loss Products, Jennifer Sardina Jan 1999

Misconceptions And Misleading Information Prevail - Less Regulation Does Not Mean Less Danger To Consumers: Dangerous Herbal Weight Loss Products, Jennifer Sardina

Journal of Law and Health

This Note will examine the dangers associated with current dietary supplement regulation under the DSHEA and the problem of ill-informed consumers. As reflected in the title of this Note, misconceptions about dietary supplement regulation are abundant; consequently, section II of this Note will further discuss and offer illustrations in support of this position. Part III gives an overview of current regulation under the Dietary Supplement Health and Education Act of 1994. Also a brief discussion of the legislation that preceded the DSHEA is offered in section VI. Part V of this Note analyzes and defines the dietary ingredients that are …


An Implied Cause Of Action Under The Real Estate Settlement Procedures Act, Chris Sagers Mar 1997

An Implied Cause Of Action Under The Real Estate Settlement Procedures Act, Chris Sagers

Law Faculty Articles and Essays

This Note contends that consumers should have a private damages action under section 10. Part I discusses the method federal courts currently employ to determine whether a private cause of action should be recognized under a given federal statute. Part II applies this standard to section 10, and it argues that, although the federal courts currently exhibit a fairly restrictive attitude toward implication of remedies, an action should be implied under section 10 because the Real Estate Settlement Procedures Act of 1974 (RESPA) was enacted at a time when Congress relied on a more permissive judicial implication doctrine. Finally, Part …


Garnishment - State Vs. Federal Procedures, Timothy M. Flanagan, Lawrence G. Smith Jan 1971

Garnishment - State Vs. Federal Procedures, Timothy M. Flanagan, Lawrence G. Smith

Cleveland State Law Review

Garnishment, a field once limited only by state or local regulation, has recently undergone a series of much-needed but somewhat questionable changes. These changes are not limited to one state alone, but encompass the entire nation. On July 1, 1970, when Title III of the Consumer Credit Protection Act became effective, this field of law came under the coverage of federal restrictions. In attempting to bring the existing Ohio statutes on garnishment into line with the federal restrictions, the Ohio Legislature passed a series of amendments which became effective on September 16, 1970.


Merchandising Through Use Of Lotteries, Robert V. Bullock Jan 1970

Merchandising Through Use Of Lotteries, Robert V. Bullock

Cleveland State Law Review

It has been almost universally held that there must be three elements present for a promotion to constitute a lottery. These elements are consideration, chance, and prize. The absence of any one of these elements is fatal to identifying the transaction as a lottery.Promoters are continually modifying and shading each of these three elements, however, so that the courts and government officials must constantly reappraise their positions to protect both the public and legitimate business.


Group Fraud: Fault Or Duty, William J. Moore Jan 1964

Group Fraud: Fault Or Duty, William J. Moore

Cleveland State Law Review

Recently, the legal bastion of "fairness" and "fault" in fraud and decit cases has been assaulted by courts, administrative agencies, and legal scholars. The walls are still standing, but here and there cracks have begun to appear and the words status and duty are no longer obscene in the field of seller's liability for false and misleading representations. A thorough study would require an analysis of all the environmental factors in a group-institutionalized society and also the interests the courts are protecting. Thispaper will touch on judicial protection of the consumer's interest in physical integrity, and the protection of consumer …


Viewpoint Of The Consumer, Catherine H. Hotes Jan 1959

Viewpoint Of The Consumer, Catherine H. Hotes

Cleveland State Law Review

When Adam Smith described his self-regulating economy in the 1770's, he assumed that its motive power would be provided by the interplay of mutual demands and concessions between economic entities, and that such interplay would result in a balance of power. Since that time, the growth of huge corporations that employ modern technology, complex manufacturing processes, mass production, and mass advertising, into "clusters of private collectivisms" has substantially upset any such supposed balance of power.