Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Consumer protection (12)
- Consumers (5)
- Consumer law (4)
- Law (4)
- Legal education (3)
-
- Product liability (3)
- Torts (3)
- Consumer Protection (2)
- Disclosure (2)
- Fraud (2)
- Protection (2)
- Remedy (2)
- Trademarks (2)
- Amazon (1)
- Anti-Counterfeiting Trade Agreement (1)
- Apple (1)
- Appointment of counsel (1)
- Arbitration (1)
- Bankruptcy (1)
- Borrowers (1)
- Brand equity (1)
- Brands (1)
- BrokerCheck (1)
- Bundle of rights (1)
- Buy now (1)
- CRD (1)
- Cancel (1)
- Central Registration Depository (1)
- Civil (1)
- Class action (1)
Articles 31 - 44 of 44
Full-Text Articles in Law
Deception, Decisions, And Investor Education, Jayne W. Barnard
Deception, Decisions, And Investor Education, Jayne W. Barnard
Faculty Publications
Tens of millions of dollars each year are spent on investor education. Because older adults (those aged sixty and older) are disproportionately victims of investment fraud schemes, many educational programs are targeted at them. In this Article, Professor Barnard questions the effectiveness of these programs. Drawing on recent studies from marketing scholars, neurobiologists, social psychologists, and behavioral economists examining the ways in which older adults process information and make decisions, she offers a model of fraud victimization (the "deception/decision cycle") that explains why older adults are often vulnerable to investment fraud schemes. She then suggests that many of the factors …
The Content Of Consumer Law Classes, Jeff Sovern
The Content Of Consumer Law Classes, Jeff Sovern
Faculty Publications
Attendees at the University of Houston Law Center Conference titled Teaching Consumer Law: The Who, What, Where, Why, When and How were surveyed to determine what topics they covered in consumer law classes. Twenty-five responses were received, representing fourteen survey classes, five clinics, and six miscellaneous responses. The responses indicated considerable diversity in the topics covered. No topic was covered by more than 21 professors and each of the 32 topics listed on the survey instrument was discussed by at least four professors. Under the circumstances, it seems difficult to claim that consumer protection classes have a canon agreed upon …
City Government And Predatory Lending, Jonathan L. Entin, Shadya Y. Yazback
City Government And Predatory Lending, Jonathan L. Entin, Shadya Y. Yazback
Faculty Publications
Predatory lending is heavily concentrated in low- and moderate-income neighborhoods and disproportionately affects minorities and the elderly. The consequences of predatory lending are devastating not only to the consumers who fall prey to unscrupulous lenders' tactics, but to the community as a whole. For these reasons, many cities have tried to regulate or prohibit the practice. These efforts face formidable legal obstacles, however. This article examines the problems that cities face in suing as parens patriae on behalf of their residents, the strong possibility that even home rule municipalities will find their efforts preempted by state law, and the growing …
The (Boundedly) Rational Basis Of Trademark Liability, Jeremy N. Sheff
The (Boundedly) Rational Basis Of Trademark Liability, Jeremy N. Sheff
Faculty Publications
This article argues that trademark infringement and dilution are best understood as commercial behavior that manipulates the cognitive biases of consumers, and as such threatens to render their heuristic judgments persistently inaccurate. In this view, trademark liability—whether imposed under the label of infringement or dilution—serves neither to protect property rights of trademark owners, nor to protect them against the unfair trade practices of competitors, but to shape consumer markets in such a way as to conform to the innate cognitive processes of boundedly rational consumers. The trademark regime can thus be understood as a legal apparatus designed (albeit perhaps unconsciously) …
Bartnicki As Lochner: Some Thoughts On First Amendment Lochnerism, Howard M. Wasserman
Bartnicki As Lochner: Some Thoughts On First Amendment Lochnerism, Howard M. Wasserman
Faculty Publications
No abstract provided.
Product Liability: A Commentary On The Liability Of Suppliers Of Component Parts And Raw Materials, David A. Fischer
Product Liability: A Commentary On The Liability Of Suppliers Of Component Parts And Raw Materials, David A. Fischer
Faculty Publications
The liability of suppliers of raw materials and component parts for harm caused by the product into which the materials have been incorporated poses difficult questions. When the raw material or component part is clearly defective, there is no question that the supplier is liable. Thus, where an ingredient in processed food is contaminated or where a truck tire has a flaw that causes a blowout, the supplier of the ingredient or the tire is liable. The difficult questions arise where the components are not inherently defective, but the finished product is defective because it lacks a safety feature or …
Appendix To Guest Editor's Observations: A Proposal For A Consolidated Theft/Fraud Guideline, Frank O. Bowman Iii
Appendix To Guest Editor's Observations: A Proposal For A Consolidated Theft/Fraud Guideline, Frank O. Bowman Iii
Faculty Publications
Professor Frank Bowman proposed the following consolidated theft/fraud guideline to the U.S. Sentencing Commission in October 1997. The proposal is explained in detail in a forthcoming law review article, Coping With Loss”: A Re-Examination of Federal Economic Crime Sentencing Under the Guidelines, 51 Vanderbilt L. Rev. -- (April 1998).
Reporting Substantial Product Safety Hazards Under The Consumer Product Safety Act: The Products Liability Interface, Timothy Zick
Reporting Substantial Product Safety Hazards Under The Consumer Product Safety Act: The Products Liability Interface, Timothy Zick
Faculty Publications
No abstract provided.
Coercive Appointments Of Counsel In Civil Cases In Forma Pauperis: An Easy Case Makes Hard Law, William B. Fisch
Coercive Appointments Of Counsel In Civil Cases In Forma Pauperis: An Easy Case Makes Hard Law, William B. Fisch
Faculty Publications
The power to appoint an unwilling attorney, whether judicial or statutory in origin, has been challenged in principle on three grounds, founded in the Federal Constitution and its state counterparts: (i) that to require the lawyer to serve constitutes involuntary servitude, within the meaning of the thirteenth amendment;' (ii) that it constitutes an unlawful taking of property, or at the very least constitutes a taking for a public use which requires just compensation, under the fifth amendment;8 and (iii) that to subject attorneys as a class to such an obligation constitutes discrimination which would deny them equal protection of the …
Tort Law: Expanding The Scope Of Recovery Without Loss Of Jury Control, David A. Fischer
Tort Law: Expanding The Scope Of Recovery Without Loss Of Jury Control, David A. Fischer
Faculty Publications
This article will analyze the types of changes that are taking place by examining three expanding areas of tort law: liability for negligently inflicted mental distress, negligently inflicted pure pecuniary loss, and harm caused by defective products. This examination will demonstrate that the scope of liability can be increased in at least two ways. One is by formally expanding the scope of existing causes of action, e.g., relaxing arbitrary barriers to liability or expanding the type of damages which may be recovered. A second method is by relaxing judicial control over the jury. This relaxation of control can take place …
Products Liability--An Analysis Of Market Share Liability, David A. Fischer
Products Liability--An Analysis Of Market Share Liability, David A. Fischer
Faculty Publications
In Sindell v. Abbott Laboratories the Supreme Court of California created the market share liability theory of recovery for products liability cases. The innovative Sindell theory, which applies to certain products liability cases in which causation is either questionable or difficult to prove, departed significantly from the traditional tort principles of causation and liability. The theory allows plaintiffs to recover damages for their injuries, but it discounts the defendant's liability by the probability that it did not cause the harm.
Products Liability--Functionally Imposed Strict Liability, David A. Fischer
Products Liability--Functionally Imposed Strict Liability, David A. Fischer
Faculty Publications
Many manufacturers and insurance companies claim that a products liability crisis exists. This is evidenced by soaring products liability insurance rates. They express the fear that as insurance becomes unavailable or prohibitively expensive, useful products will be withheld from the market and some manufacturers may even be forced out of business. Such critics of the tort system are calling for modifications of the common law in order to give greater protection to manufacturers. A more drastic approach, vigorously championed by Professor Jeffrey O'Connell, calls for total or partial abolition of the tort system and substitution with various forms of no-fault …
European Analogues To The Class Action: Group Action In France And Germany, William B. Fisch
European Analogues To The Class Action: Group Action In France And Germany, William B. Fisch
Faculty Publications
For the civil proceduralist in the United States the most perplexing problems of recent years have been presented by claims of large numbers of persons against large economic interests. A single error in manufacturing design can cause a relatively small injury to each of a large number of consumers; a misrepresentation in national advertising for such goods can have similar consequences; the polluting effects of a single enterprise can be dispersed among a large neighboring population. The result is that the stake of each potential claimant in the outcome of the litigation can be greatly outweighed by the magnitude of …
Products Liability--Applicability Of Comparative Negligence, David A. Fischer
Products Liability--Applicability Of Comparative Negligence, David A. Fischer
Faculty Publications
Products liability and comparative negligence are two very rapidly developing fields of tort law. In recent years, the vast majority of courts have adopted strict liability for harm caused by defective products. At the same time, the doctrine of comparative negligence has changed almost overnight from a doctrine that had been accepted by only a handful of jurisdictions into what is now the majority approach in this country.