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Consumer Protection Law

1991

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Articles 1 - 30 of 79

Full-Text Articles in Law

Closing The American Products Liability Frontier: The Rejection Of Liability Without Defect, Aaron Twerski, J. A. Henderson Nov 1991

Closing The American Products Liability Frontier: The Rejection Of Liability Without Defect, Aaron Twerski, J. A. Henderson

Faculty Scholarship

No abstract provided.


Stargazing: The Future Of American Products Liability Law, James A. Henderson Jr., Aaron Twerski Nov 1991

Stargazing: The Future Of American Products Liability Law, James A. Henderson Jr., Aaron Twerski

Cornell Law Faculty Publications

No abstract provided.


Closing The American Products Liability Frontier: The Rejection Of Liability Without Defect, James A. Henderson Jr., Aaron Twerski Nov 1991

Closing The American Products Liability Frontier: The Rejection Of Liability Without Defect, James A. Henderson Jr., Aaron Twerski

Cornell Law Faculty Publications

For over one hundred years American courts expanded the rights of plaintiffs in products liability cases. First the courts eliminated the privity requirement, next the necessity of proving fault, and finally, the necessity of proving a production defect. The next logical step in this progression would be to eliminate the need to show any type of defect at all. In this Article, Professors Henderson and Twerski assert that this step cannot and will not be taken. They explore both the possibility of across-the-board liability without defect and the more limited idea of product-category liability without defect. They describe how a …


Department Of Consumer Affairs, D. Hicks Oct 1991

Department Of Consumer Affairs, D. Hicks

California Regulatory Law Reporter

No abstract provided.


Department Of Consumer Affairs, M. Walker Aug 1991

Department Of Consumer Affairs, M. Walker

California Regulatory Law Reporter

No abstract provided.


Department Of Consumer Affairs, G. Bernardini May 1991

Department Of Consumer Affairs, G. Bernardini

California Regulatory Law Reporter

No abstract provided.


Defining "Green": Toward Regulation Of Environmental Marketing Claims, Roger D. Wynne May 1991

Defining "Green": Toward Regulation Of Environmental Marketing Claims, Roger D. Wynne

University of Michigan Journal of Law Reform

This Note joins a rising chorus calling for government regulation of green marketing claims. It attempts to encourage and add a sense of urgency to a burgeoning regulatory movement by highlighting some of the legal issues that such regulation entails. Part I identifies a gap in the law: the inability of current truth-in-advertising laws to clarify the legality of green marketing claims. Part II urges bridging that gap quickly; it examines the costs of continued nonregulation and describes some of the forms regulation is taking. Part III attempts to allay any fears that such regulations might be challenged on first …


Reform Of Public Utilities Commission Procedures - Senate Bill 1041 & Senate Bill 1042, Senate Committee On Energy And Public Utilities, Senate Judiciary Committee Apr 1991

Reform Of Public Utilities Commission Procedures - Senate Bill 1041 & Senate Bill 1042, Senate Committee On Energy And Public Utilities, Senate Judiciary Committee

California Senate

No abstract provided.


Market Share Liability: A Current Assessment Of A Decade-Old Doctrine, Andrew B. Nace Mar 1991

Market Share Liability: A Current Assessment Of A Decade-Old Doctrine, Andrew B. Nace

Vanderbilt Law Review

Ten years ago, in Sindell v. Abbott Laboratories, the California Supreme Court created market share liability as a remedy for plaintiffs who had suffered injuries from prenatal exposure to diethystilbestrol (DES), but were unable to identify the specific manufacturer of the drug. The court fashioned the remedy because the available tort theories at the time-enterprise liability, alternate liability, and concert of action-were inadequate remedies for DES plaintiffs. The court's motivation was compensatory: redress innocent plaintiffs' injuries at the expense of collectively negligent defendants. Because of the victims' inability to show actual causation, the new doctrine sought to approximate a manufacturer's …


Regulation Vs. The Market: The Case Of Bicycle Safety (Part Ii), Ross D. Petty Mar 1991

Regulation Vs. The Market: The Case Of Bicycle Safety (Part Ii), Ross D. Petty

RISK: Health, Safety & Environment (1990-2002)

In this part, Professor Petty examines bicycle Risk in detail, comparing the accomplishments of the CPSC's bicycle standard with market forces resulting in, e.g., the development and use of hardshell bicycle helmets. Moreover, he briefly discusses the role of tort liability in managing Risk. Ultimately he concludes that, in the case of bicycle safety, regulation has failed to be as effective as other forces tending to reduce bicycle injuries. [Part I appears at 77.]


Suretyship Principles In The New Articles 3: Clarifications And Substantive Changes, Neil B. Cohen Jan 1991

Suretyship Principles In The New Articles 3: Clarifications And Substantive Changes, Neil B. Cohen

Faculty Scholarship

No abstract provided.


A Duty To Warn: One American View Of The Ec Products Liability Directive, Anita Bernstein Jan 1991

A Duty To Warn: One American View Of The Ec Products Liability Directive, Anita Bernstein

Faculty Scholarship

No abstract provided.


Department Of Consumer Affairs, M. Walker Jan 1991

Department Of Consumer Affairs, M. Walker

California Regulatory Law Reporter

No abstract provided.


The Regulation Of Rent-To-Own Transactions, Scott J. Burnham Jan 1991

The Regulation Of Rent-To-Own Transactions, Scott J. Burnham

Loyola Consumer Law Review

No abstract provided.


Consumer News Jan 1991

Consumer News

Loyola Consumer Law Review

No abstract provided.


College's Failure To Provide Educational Service Is No Defense To Nonpayment Of Student Loans, Elizabeth A. Graber Jan 1991

College's Failure To Provide Educational Service Is No Defense To Nonpayment Of Student Loans, Elizabeth A. Graber

Loyola Consumer Law Review

No abstract provided.


Bankruptcy Court Holds Debtor Responsible For Obsessive-Compulsive Use Of Credit Card, Frank J. Troppe Jan 1991

Bankruptcy Court Holds Debtor Responsible For Obsessive-Compulsive Use Of Credit Card, Frank J. Troppe

Loyola Consumer Law Review

No abstract provided.


Investors Who Relied On Tax Opinions May Not Recover Back Taxes And Interest Paid For Disallowed Deductions, Astrid E. Ellis Jan 1991

Investors Who Relied On Tax Opinions May Not Recover Back Taxes And Interest Paid For Disallowed Deductions, Astrid E. Ellis

Loyola Consumer Law Review

No abstract provided.


Imposing Penal Sanctions For Breach Of Home Improvement Contract, In The Absence Of Fraud, Is Involuntary Servitude, Stephen Mckenna Jan 1991

Imposing Penal Sanctions For Breach Of Home Improvement Contract, In The Absence Of Fraud, Is Involuntary Servitude, Stephen Mckenna

Loyola Consumer Law Review

No abstract provided.


Disclosure Requirements For Mortgage Transfers: New Amendments To The Real Estate Settlement Procedures Act, Leonard A. Bernstein Jan 1991

Disclosure Requirements For Mortgage Transfers: New Amendments To The Real Estate Settlement Procedures Act, Leonard A. Bernstein

Loyola Consumer Law Review

No abstract provided.


Specialized Legal Clinics Assist Unrepresented Consumers: A Local Success Story, Karen V. Kole Jan 1991

Specialized Legal Clinics Assist Unrepresented Consumers: A Local Success Story, Karen V. Kole

Loyola Consumer Law Review

No abstract provided.


Recreational Use Statute Immunized Landowners From Liability For Personal Injuries, Rosemary G. Milew Jan 1991

Recreational Use Statute Immunized Landowners From Liability For Personal Injuries, Rosemary G. Milew

Loyola Consumer Law Review

No abstract provided.


Evidence Of Side Agreement Between Lender And Borrower Not Admissible To Show Modification Of Loan Agreement, Suzi Guemmer Jan 1991

Evidence Of Side Agreement Between Lender And Borrower Not Admissible To Show Modification Of Loan Agreement, Suzi Guemmer

Loyola Consumer Law Review

No abstract provided.


Federal Bankruptcy Code Does Not Preempt State And Local Utility Termination Procedures, Linda J. Urbanik Jan 1991

Federal Bankruptcy Code Does Not Preempt State And Local Utility Termination Procedures, Linda J. Urbanik

Loyola Consumer Law Review

No abstract provided.


Insurance Company Had No Duty To Notify Loss Payee Of Policy's Expiration Or Policyholder's Failure To Renew, Elizabeth A. Barnes Jan 1991

Insurance Company Had No Duty To Notify Loss Payee Of Policy's Expiration Or Policyholder's Failure To Renew, Elizabeth A. Barnes

Loyola Consumer Law Review

No abstract provided.


Iowa Supreme Court Denied Right Of First Refusal To Agricultural Property Mortgagors, Jonathan Barrish Jan 1991

Iowa Supreme Court Denied Right Of First Refusal To Agricultural Property Mortgagors, Jonathan Barrish

Loyola Consumer Law Review

No abstract provided.


The Better Business Bureau: Administrator Of Ethics Through Self-Regulatory Programs, James E. Baumhart Jan 1991

The Better Business Bureau: Administrator Of Ethics Through Self-Regulatory Programs, James E. Baumhart

Loyola Consumer Law Review

No abstract provided.


Consumer News, Timothy J. Clulo Jan 1991

Consumer News, Timothy J. Clulo

Loyola Consumer Law Review

No abstract provided.


No Strict Liability For Manufacturer Of Unavoidably Unsafe Blood-Clotting Agent Which Gave Woman Aids, Stephen Mckenna Jan 1991

No Strict Liability For Manufacturer Of Unavoidably Unsafe Blood-Clotting Agent Which Gave Woman Aids, Stephen Mckenna

Loyola Consumer Law Review

No abstract provided.


Eighth Circuit Holds That Insurer's Duty To Make Certain Coverage Available Was Not Breached By Failure To Explain Such Coverage, Frank J. Troppe Jan 1991

Eighth Circuit Holds That Insurer's Duty To Make Certain Coverage Available Was Not Breached By Failure To Explain Such Coverage, Frank J. Troppe

Loyola Consumer Law Review

No abstract provided.