Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Advertisements (1)
- Article 2.2 of Agreement on Technical Barriers to Trade (1)
- Automobiles (1)
- Beneficiaries (1)
- Buyers (1)
-
- Commercial speech (1)
- Consumer Protection; Arbitration; Alternative Dispute Resolution; Finance Law (1)
- Corporate liability (1)
- Corporate responsibility (1)
- Express warranties (1)
- First amendment (1)
- GATT Member Countries (1)
- Health Care (1)
- Hedonic damages (1)
- Implied warranties (1)
- International Trade Law (1)
- Law and Economy (1)
- Litigation (1)
- Manufacturers (1)
- Merchantability (1)
- Product Safety (1)
- Product labeling (1)
- Products liability (1)
- Risk Assessment (1)
- Risk Management (1)
- Safety (1)
- Safety Regulations (1)
- Safety Standards (1)
- Sales (1)
- Secondary Markets (1)
Articles 1 - 10 of 10
Full-Text Articles in Law
How Can A Product Be Liable?, Anita Bernstein
How Can A Product Be Liable?, Anita Bernstein
Faculty Scholarship
No abstract provided.
U.S. Practices In Risk Assessment And Risk Management For Product Safety Under Article 2.2 Of The Agreement On Technical Barriers To Trade, Suckhong Ko
LLM Theses and Essays
Article 2.2 of the Agreement on Technical Barriers to Trade (TBT) was applied to the GATT member countries in 1995. This article provides national product safety agencies with requirements for risk assessment and risk management. However, the terms used in the article are broad and open to interpretation. This paper argues that vast discretion and broad terms cannot solve technical barriers effectively; the “minimum requirements” standard within Article 2.2 of the TBT fails to consider those countries whose technology in product safety is inferior to that of developed countries. The United States has some of the strongest product safety measures, …
Is Unlimited Liability Really Unattainable: Of Long Arms And Short Sales, Mark R. Patterson
Is Unlimited Liability Really Unattainable: Of Long Arms And Short Sales, Mark R. Patterson
Faculty Scholarship
Unlimited shareholder liability would radically change the way we look at corporations. In an unlimited-liability world, one part at least of the veil between corporation and shareholder would no longer exist. As a result, the relationship between corporation and shareholder would be, both in law and in fact,much closer than it is currently. The two parts of this change-the legal and the factual-would reinforce each other. The legal change would be reflected in court decisions enforcing unlimited liability Regardless of the exact contours that decisions in this area took initially, there would be at least some shareholders-mutual funds, for example--whom …
Refusals To Deal In "Locked-In" Health Care Markets Under Section 2 Of The Sherman Act After Eastman Kodak Co. V. Image Technical Services, James F. Ponsoldt
Refusals To Deal In "Locked-In" Health Care Markets Under Section 2 Of The Sherman Act After Eastman Kodak Co. V. Image Technical Services, James F. Ponsoldt
Scholarly Works
In the Kodak context, several common health care provider practices, previously challenged with varying results under traditional antitrust analysis, may be reexamined to focus upon the effect of refusals to deal in a secondary market with potential competitors in that secondary market. This Article focuses on three such practices: (1) the non-immunized revocation of hospital staff privileges for other than legitimate, quality-of-care motives; (2) the denial of hospital privileges to differentially credentialed, state-licensed providers; and (3) the closure of membership in comprehensive health care plans, such as preferred-provider organizations, combined with a refusal to deal with nonmembers. These practices should …
Is The Shingle Theory Dead?, Roberta S. Karmel
Is The Shingle Theory Dead?, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
Rates Of Time Preference And Consumer Valuations Of Automobile Safety And Fuel Efficiency, W. Kip Viscusi, Mark K. Dreyfus
Rates Of Time Preference And Consumer Valuations Of Automobile Safety And Fuel Efficiency, W. Kip Viscusi, Mark K. Dreyfus
Vanderbilt Law School Faculty Publications
This article estimates hedonic price models for automobiles using a data set on almost 3,000 households from the U.S. Department of Energy Residential Transportation Energy Consumption Survey. The standard hedonic models are generalized to recognize the role of discounting of fuel efficiency and safety, yielding an estimated rate of time preference ranging from 11 to 17 percent. This range includes the prevailing rate of interest for car loans in 1988 and is consequently consistent with market rates. Purchasers exhibit an implicit value of life ranging from $2.6 to $3.7 million, which is within the range found in the labor market …
Warranties And Remedies On Breach: Proposed Revision Of Article 2 And Related Proposals Concerning Products Liability Law, Richard E. Speidel, James J. White
Warranties And Remedies On Breach: Proposed Revision Of Article 2 And Related Proposals Concerning Products Liability Law, Richard E. Speidel, James J. White
Other Publications
The following materials contain (1) the warranty provisions, §§2-313 through 2-318, from the October, 1995 Draft of Revised Article 2, Sales, with selected Reporter's Notes; (2) Discussion questions on warranties; and (3) A comparison of Revised Article 2 and the ALl's Products Liability Restatement (Tent. Draft #2, March 13, 1995), with discussion problems.
Greater Representation For California Consumers–Fluid Recovery, Consumer Trust Funds, And Representative Actions, James R. Mccall, Patricia Sturdevant, Laura Kaplan, Gail Hillebrand
Greater Representation For California Consumers–Fluid Recovery, Consumer Trust Funds, And Representative Actions, James R. Mccall, Patricia Sturdevant, Laura Kaplan, Gail Hillebrand
Faculty Scholarship
No abstract provided.
Arbitration Of Disputes Between Consumers And Financial Institutions: A Serious Threat To Consumer Protection, Mark E. Budnitz
Arbitration Of Disputes Between Consumers And Financial Institutions: A Serious Threat To Consumer Protection, Mark E. Budnitz
Faculty Publications By Year
No abstract provided.
Liberating Commercial Speech: Product Labeling Controls And The First Amendment, Lars Noah, Barbara A. Noah
Liberating Commercial Speech: Product Labeling Controls And The First Amendment, Lars Noah, Barbara A. Noah
Faculty Scholarship
As federal regulators impose increasing limits on what manufacturers may say about their products, constitutional protections for commercial speech become ever more important. Indeed, the United States Supreme Court's most recent First Amendment decisions suggest meaningful regard for the value of advertising and labeling as types of protected expression. At the same time, however, federal lawmakers are imposing ever more onerous restrictions on promotional activities and product labeling. The Authors discuss federal law relating to regulation of product labeling.