Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Selected Works (41)
- SelectedWorks (21)
- Loyola University Chicago, School of Law (19)
- Chicago-Kent College of Law (11)
- Seattle University School of Law (10)
-
- University of Michigan Law School (10)
- UIC School of Law (8)
- University of Georgia School of Law (6)
- University of Maryland Francis King Carey School of Law (5)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (5)
- Pace University (4)
- American University Washington College of Law (3)
- Florida A&M University College of Law (3)
- Fordham Law School (3)
- Georgetown University Law Center (3)
- New York Law School (3)
- University of Pittsburgh School of Law (3)
- Barry University School of Law (2)
- Columbia Law School (2)
- La Salle University (2)
- St. John's University School of Law (2)
- The Catholic University of America, Columbus School of Law (2)
- University of Baltimore Law (2)
- University of Colorado Law School (2)
- University of Pennsylvania Carey Law School (2)
- Emory University School of Law (1)
- Florida State University College of Law (1)
- Mitchell Hamline School of Law (1)
- Pepperdine University (1)
- SJ Quinney College of Law, University of Utah (1)
- Keyword
-
- Consumer Protection Law (21)
- Consumer protection (20)
- Consumers (13)
- Banking and Finance (10)
- Legislation (8)
-
- Dodd-Frank (7)
- Law and Society (7)
- Regulation (7)
- Consumer Protection (6)
- Contracts (6)
- Bankruptcy (5)
- Commercial Law (5)
- Consumer Financial Protection Bureau (5)
- Consumer debt (5)
- Derecho alimentario (5)
- Finance (5)
- Jurisprudence (5)
- Administrative Law (4)
- Antitrust (4)
- Class Actions (4)
- Communications Law (4)
- Competition (4)
- Congress (4)
- Constitutional Law (4)
- Consumer (4)
- Consumer law (4)
- Corporations (4)
- Derecho del Consumo (4)
- Due process (4)
- European Union (4)
- Publication
-
- Loyola Consumer Law Review (17)
- Chicago-Kent Law Review (11)
- Faculty Scholarship (10)
- Seattle University Law Review (10)
- Luis González Vaqué (8)
-
- Articles (5)
- Michigan Law Review (5)
- UIC John Marshall Journal of Information Technology & Privacy Law (5)
- All Faculty Scholarship (4)
- Georgia Journal of International & Comparative Law (4)
- Jorge E De Hoyos Walther (4)
- Articles & Chapters (3)
- Neil L Sobol (3)
- Nevada Supreme Court Summaries (3)
- Patricia A. McCoy (3)
- Peter A. Holland (3)
- Scholarly Works (3)
- Valerio Sangiovanni (3)
- Articles in Law Reviews & Other Academic Journals (2)
- Brian M McCall (2)
- Catholic University Law Review (2)
- David J Reiss (2)
- Faculty Publications (2)
- Faculty Publications & Other Works (2)
- Georgetown Law Faculty Publications and Other Works (2)
- Hon. Gerald Lebovits (2)
- Jeffrey J. Rachlinski (2)
- Journal Publications (2)
- Journal of Business & Technology Law (2)
- Pace Law Review (2)
- Publication Type
- File Type
Articles 1 - 30 of 189
Full-Text Articles in Law
4th And 205: How A Rush Of Global Comments Blocked The Sec’S First Attempted Punt Of Attorney-Client Privilege Under Sarbanes-Oxley, John Paul Lucci
4th And 205: How A Rush Of Global Comments Blocked The Sec’S First Attempted Punt Of Attorney-Client Privilege Under Sarbanes-Oxley, John Paul Lucci
Touro Law Review
No abstract provided.
Product-Related Risk And Cognitive Biases: The Shortcomings Of Enterprise Liability, James A. Henderson Jr., Jeffrey J. Rachlinski
Product-Related Risk And Cognitive Biases: The Shortcomings Of Enterprise Liability, James A. Henderson Jr., Jeffrey J. Rachlinski
Jeffrey J. Rachlinski
Products liability law has witnessed a long debate over whether manufacturers should be held strictly liable for the injuries that products cause. Recently, some have argued that psychological research on human judgment supports adopting a regime of strict enterprise liability for injuries caused by product design. These new proponents of enterprise liability argue that the current system, in which manufacturer liability for product design turns on the manufacturer's negligence, allows manufacturers to induce consumers into undertaking inefficiently dangerous levels or types of consumption. In this paper we argue that the new proponents of enterprise liability have: (1) not provided any …
Standard-Form Contracting In The Electronic Age, Robert A. Hillman, Jeffrey J. Rachlinski
Standard-Form Contracting In The Electronic Age, Robert A. Hillman, Jeffrey J. Rachlinski
Jeffrey J. Rachlinski
The development of the Internet as a medium for consumer transactions creates a new question for contract law. In this Article, Professors Robert Hillman and Jeffrey Rachlinski address whether the risks imposed on consumers by Internet boilerplate requires a new lens through which courts should view these types of contracts. Their analysis of boilerplate in paper and Internet contracts examines the social, cognitive, and rational factors that affect consumers' comprehension of boilerplate and compares business strategies in presenting it. The authors conclude that the influence of these factors in Internet transactions is similar to that in proper transactions. Although the …
Acciones Colectivas Vs Cláusula De Arbitraje, Jorge E. De Hoyos Walther
Acciones Colectivas Vs Cláusula De Arbitraje, Jorge E. De Hoyos Walther
Jorge E De Hoyos Walther
Análisis de la resolución de la Suprema Corte de Justicia que permite la procedencia una accione colectiva, aun cuando las partes se hayan sometido al arbitraje.
Meaningful Involvement In Collections: Should Ethics Or The Fdcpa Govern?, Jeffrey S. Peters
Meaningful Involvement In Collections: Should Ethics Or The Fdcpa Govern?, Jeffrey S. Peters
Pace Law Review
This Note will explain and analyze the Fair Debt Collection Practices Act (FDCPA) and its case law. It will also discuss the interplay between the FDCPA case law and its ethical overtones. To understand the basis of this issue, Part II of this Note will begin by briefly developing the history and background of the FDCPA and discuss specific sections of the law designed to protect debtors from abusive debt collection practices. Notably, these sections relate to the prevention of improper practices for misleading debtors, and are the focus of the lawsuits that this Note will discuss. Accordingly, Part III …
Potential Competitive Effects Of Vertical Mergers: A How-To Guide For Practitioners, Steven C. Salop, Daniel P. Culley
Potential Competitive Effects Of Vertical Mergers: A How-To Guide For Practitioners, Steven C. Salop, Daniel P. Culley
Georgetown Law Faculty Publications and Other Works
The purpose of this short article is to aid practitioners in analyzing the competitive effects of vertical and complementary product mergers. It is also intended to assist the agencies if and when they undertake revision of the 1984 U.S. Vertical Merger Guidelines. Those Guidelines are out of date and do not reflect current enforcement or economic thinking about the potential competitive effects of vertical mergers. Nor do they provide the tools needed to carry out a modern competitive effects analysis. This article is intended to partially fill the gap by summarizing the various potential competitive harms and benefits that can …
The Unexamined Life In The Era Of Big Data: Toward A Udaap For Data, Sean Brian
The Unexamined Life In The Era Of Big Data: Toward A Udaap For Data, Sean Brian
Sean Brian
No abstract provided.
The Volcker Rule, Banking Entities, And Covered Funds Activities, Jeffrey Koh, Kyle Gaughan
The Volcker Rule, Banking Entities, And Covered Funds Activities, Jeffrey Koh, Kyle Gaughan
Michigan Business & Entrepreneurial Law Review
With the passage of the 2010 Dodd-Frank Act, Congress instituted a host of new laws attempting to protect consumers from the types of risky trading that led to the 2008 economic crisis. However, many of the new rules and regulations, including the Volcker Rule, are yet to fully take effect. Among other restrictions, the Volcker Rule attempts to curtail risky trading by limiting banking entity investments in private equity and venture capital funds. As the Volcker Rule nears its implementation deadline, banking entities are concerned that they will face substantial losses in having to comply with the Volcker Rule by …
Can Cost-Benefit Analysis Help Consumer Protection Laws? Or At Least Benefit Analysis?, Jeff Sovern
Can Cost-Benefit Analysis Help Consumer Protection Laws? Or At Least Benefit Analysis?, Jeff Sovern
UC Irvine Law Review
No abstract provided.
Coming Up Short: The United States' Second-Best Strategies For Corralling Purely Speculative Derivatives, Timothy E. Lynch
Coming Up Short: The United States' Second-Best Strategies For Corralling Purely Speculative Derivatives, Timothy E. Lynch
Faculty Works
Purely speculative derivatives (PSDs) are derivatives in which neither counterparty is engaged in hedging. Unless used for entertainment purposes, PSDs are irrational, less-than-zero-sum transactions. Entities that engage in PSDs jeopardize their stakeholders and increase systemic risk. PSDs can also increase moral hazard, be used for regulatory arbitrage, and redirect resources away from efficient allocation of market capital. PSDs should be unenforceable, void for public policy reasons, except where expressly permitted to provide gambling entertainment, enhance price discovery, or increase liquidity for hedgers. In the U.S., however, PSDs are often legal and enforceable, even after the financial crisis of 2008 that …
Broker-Dealers And Investment Advisers: A Behaviorial-Economics Analysis Of Competing Suggestions For Reform, Polina Demina
Broker-Dealers And Investment Advisers: A Behaviorial-Economics Analysis Of Competing Suggestions For Reform, Polina Demina
Michigan Law Review
For the average investor trying to save for retirement or a child’s college fund, the world of investing has become increasingly complex. These retail investors must turn more frequently to financial intermediaries, such as broker-dealers and investment advisers, to get sound investment advice. Such intermediaries perform different duties for their clients, however. The investment adviser owes his client a fiduciary duty of care and therefore must provide financial advice that is in the client’s best interests, while the broker-dealer must merely provide advice that is suitable to the client’s interests—a lower standard than the fiduciary duty of care. And yet …
Class Actions Suits Vs. Arbitration Clause (Mexico), Jorge E. De Hoyos Walther
Class Actions Suits Vs. Arbitration Clause (Mexico), Jorge E. De Hoyos Walther
Jorge E De Hoyos Walther
On September 24, 2014, the Mexican Supreme Court (SCJN) issued a landmark decision in the world of arbitration and class action suits. In summary, SCJN upheld that it is possible to file a class action suit, even though an arbitration clause is included in the agreement that governs the business relationship
Trademark Law And Status Signaling: Tattoos For The Privileged, Jeffrey L. Harrison
Trademark Law And Status Signaling: Tattoos For The Privileged, Jeffrey L. Harrison
Jeffrey L Harrison
The motivations for buying a good or service are highly complex. At the most basic level, people buy goods because of what the goods do or because of the aesthetic elements they embody. More technically, buyers derive utility from the "functional" quality of these goods. Another motivation relates to what the goods "say" about the buyer. Here, the good is a signaling device. Signaling is not new, of course, and can indicate anything from social class to political leanings. This Essay addresses the issue of whether it should be public policy to subsidize this type of person-to-person status signaling. This …
Antitrust Merger Efficiencies In The Shadow Of The Law, D. Daniel Sokol, James A. Fishkin
Antitrust Merger Efficiencies In The Shadow Of The Law, D. Daniel Sokol, James A. Fishkin
D. Daniel Sokol
This Essay provides an overview of U.S. antitrust merger practice in addressing efficiencies both in terms of actual practice before the agencies and in scholarly work as a response to Jamie Henikoff Moffitt's Vanderbilt Law Review article Merging in the Shadow of the Law: The Case for Consistent Judicial Efficiency Analysis. Moffitt’s analysis could have benefited from a more thorough discussion of the Department of Justice and Federal Trade Commission’s (collectively, the “agencies”) analysis of efficiencies during investigations and the broader process of negotiations involving mergers. For instance, the article does not discuss the empirical work addressing when the agencies …
Mississippi River Stories: Lessons From A Century Of Unnatural Disasters, Christine A. Klein, Sandra B. Zellmer
Mississippi River Stories: Lessons From A Century Of Unnatural Disasters, Christine A. Klein, Sandra B. Zellmer
Christine A. Klein
In the wake of Hurricane Katrina, the nation pondered how a relatively weak Category 3 storm could have destroyed an entire region. Few appreciated the extent to which a flawed federal water development policy transformed this apparently natural disaster into a "manmade" disaster; fewer still appreciated how the disaster was the predictable, and indeed predicted, sequel to almost a century of similar disasters. This Article focuses upon three such stories: the Great Flood of 1927, the Midwest Flood of 1993, and Hurricanes Katrina and Rita of 2005. Taken together, the stories reveal important lessons, including the inadequacy of engineered flood …
Who's Swallowing The "Bitter Pill"?: Reforming Write-Offs In The State Of Washington, Lauren M. Martin
Who's Swallowing The "Bitter Pill"?: Reforming Write-Offs In The State Of Washington, Lauren M. Martin
Seattle University Law Review
Washington’s application of the collateral source rule permits recovery for medical expenses that were never incurred and have no relationship to their market value. This application is set forth in Hayes v. Wieber Enterprises, Inc., where the plaintiff sued a restaurant for injuries she sustained from falling down the restaurant’s basement stairs. Why should the collateral source rule compel the defendant in Hayes to pay the original amount billed, $5,800, when the physician accepted $3,300 as payment in full? Is not $3,300 the reasonable or market value of the medical services provided to the plaintiff? This Comment discusses whether Washington …
Unfair And Inactionable: The Case For A Private Cause Of Action For Business And Investment Activity Under Pennsylvania's Unfair Trade Practices And Consumer Protection Law, Mark T. Wilhelm
Villanova Law Review
No abstract provided.
The Telephone Consumer Protection Act Of 1991: Adapting Consumer Protection To Changing Technology, Spencer Weber Waller
The Telephone Consumer Protection Act Of 1991: Adapting Consumer Protection To Changing Technology, Spencer Weber Waller
Spencer Weber Waller
No abstract provided.
Charging The Poor: Criminal Justice Debt & Modern-Day Debtors’ Prisons, Neil Sobol
Charging The Poor: Criminal Justice Debt & Modern-Day Debtors’ Prisons, Neil Sobol
Neil L Sobol
No abstract provided.
The Cost Of Protectionism: Should The Law Favor Producers Or Consumers?, Robert W. Mcgee
The Cost Of Protectionism: Should The Law Favor Producers Or Consumers?, Robert W. Mcgee
Georgia Journal of International & Comparative Law
No abstract provided.
Summary Of State, Dept. Of Bus. And Industry V. Check City P’Ship, 130 Nev. Adv. Op. 90, Daven Cameron
Summary Of State, Dept. Of Bus. And Industry V. Check City P’Ship, 130 Nev. Adv. Op. 90, Daven Cameron
Nevada Supreme Court Summaries
The Court interpreted NRS 605A.425 and concluded that the statute unambiguously provides that a borrower’s deferred deposit loan is to be capped at 25 percent of the borrower’s expected gross monthly income. This cap includes both principal and any interest or fees charged.
Mutual Pharmaceutical Co. V. Bartlett: A Need For “Explicit” Congressional Action And State Tort Law Reform, Kara A. Ritter
Mutual Pharmaceutical Co. V. Bartlett: A Need For “Explicit” Congressional Action And State Tort Law Reform, Kara A. Ritter
Kara A Ritter
No abstract provided.
Improving Agencies’ Preemption Expertise With Chevmore Codification, Kent H. Barnett
Improving Agencies’ Preemption Expertise With Chevmore Codification, Kent H. Barnett
Scholarly Works
After nearly thirty years, the judicially crafted Chevron and Skidmore judicial-review doctrines have found new life as exotic, yet familiar, legislative tools. When Chevron deference applies, courts employ two steps: they consider whether the statutory provision at issue is ambiguous, and, if so, they defer to an administering agency’s reasonable interpretation. Skidmore deference, in contrast, is a less deferential regime in which courts assume interpretative primacy over statutory ambiguities but defer to agency action based on four factors — the agency’s thoroughness, reasoning, consistency, and overall persuasiveness. In the Dodd-Frank Wall Street Reform and Consumer Protection Act, Congress directed courts …
A Fresh Look At State Asset Protection Trust Statutes, Ronald J. Mann
A Fresh Look At State Asset Protection Trust Statutes, Ronald J. Mann
Vanderbilt Law Review
This Article examines the rise of state asset protection trust ('APT) statutes. It juxtaposes two apparently contrary trends: an increase in formal legal responses suggesting that the trusts created under these statutes are likely to have at best limited enforceability and an increase in the adoption and use of these statutes. After summarizing the legal background out of which these two trends arise, I analyze the characteristics of the states that have chosen to adopt them to date and conclude that the size of a state is less predictive of adoption than broader social and economic characteristics of the populace. …
Who Says My Halloween Costume Is Offensive?, Marysheila Mcdonald
Who Says My Halloween Costume Is Offensive?, Marysheila Mcdonald
Explorer Café
No abstract provided.
A Manufacturer's Duty To Warn In A Modern Day Tower Of Babel, S. Mark Mitchell
A Manufacturer's Duty To Warn In A Modern Day Tower Of Babel, S. Mark Mitchell
Georgia Journal of International & Comparative Law
No abstract provided.
Stored Value Cards And The Consumer: The Need For Regulation , Mark E. Budnitz
Stored Value Cards And The Consumer: The Need For Regulation , Mark E. Budnitz
Mark E. Budnitz
No abstract provided.
The Jurisprudence Of Nature: The Importance Of Defining What Is "Natural", Jill M. Fraley
The Jurisprudence Of Nature: The Importance Of Defining What Is "Natural", Jill M. Fraley
Catholic University Law Review
Informal regulations defining nature, natural, and organic have proliferated across diverse fields of law from patents to agriculture, from taxation to gemstones. The unwritten jurisprudence of defining nature is primarily a story of the struggle to isolate mankind’s manipulations and interventions, creating a man-nature dichotomy that frustrates more than it explicates. This failure to define nature continues with the Supreme Court’s recent Myriad decision, which struggles to define the law of nature exception to patentability, highlighting the challenge of measuring levels of human intervention and manipulation. Our dichotomous definitions do not generate neat, binary answers, but rather complicated scales of …
Charging The Poor: Modern-Day Debtors’ Prisons, Neil Sobol
Charging The Poor: Modern-Day Debtors’ Prisons, Neil Sobol
Neil L Sobol
No abstract provided.
A Comprehensive Economic And Legal Analysis Of Tying Arrangements, Guy Sagi
A Comprehensive Economic And Legal Analysis Of Tying Arrangements, Guy Sagi
Seattle University Law Review
The law of tying arrangements as it stands does not correspond with modern economic analysis. Therefore, and because tying arrangements are so widely common, the law is expected to change and extensive academic writing is currently attempting to guide its way. In tying arrangements, monopolistic firms coerce consumers to buy additional products or services beyond what they intended to purchase. This pressure can be applied because a consumer in a monopolistic market does not have the alternative to buy the product or service from a competing firm. In the absence of such choice, the monopolistic firm can allegedly force the …