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Articles 1 - 8 of 8
Full-Text Articles in Law
Pomegranate Juice Can Do That? Navigating The Jurisdictional Landscape Of Food Health Claim Regulation In A Post-Pom Wonderful World, Hilary G. Buttrick, Courtney Droms Hatch
Pomegranate Juice Can Do That? Navigating The Jurisdictional Landscape Of Food Health Claim Regulation In A Post-Pom Wonderful World, Hilary G. Buttrick, Courtney Droms Hatch
Scholarship and Professional Work - Business
Thirty years ago, the most the consumer expected out of his or her morning glass of juice was a little extra vitamin C. By 2010, the consumer expected a lot more. POM Wonderful’s pomegranate juice, for instance, promised to improve cardiovascular health, treat erectile dysfunction, and combat prostate cancer.1 Those claims made orange juice look a little pathetic. Of course, those wild promises also landed POM Wonderful in hot water with the Federal Trade Commission (“FTC”) for misleading the public with scientifically unsubstantiated health claims.2
Three Stories And Their Morals, Robert B. Bennett
Three Stories And Their Morals, Robert B. Bennett
Scholarship and Professional Work - Business
Fundamentally, the common law tradition is a collection of stories. Stories also become the law professor's stock in trade. We tell students stories or have them read stories in the form of cases or hypothetical situations and help them discern the morals to the stories-i.e., what the stories mean in the context of business or in their business lives? In a sense, that is what the Socratic Method is all about: analyzing stories in the form of cases and discerning their greater meaning. In this paper I will relate three true stories within the context of just-in-time production management and …
Trade Usage And Disclaiming Consequential Damages: The Implications For Just-In-Time Purchasing, Robert B. Bennett
Trade Usage And Disclaiming Consequential Damages: The Implications For Just-In-Time Purchasing, Robert B. Bennett
Scholarship and Professional Work - Business
This article reports on trade, business, and industries in Japan in 2009. The article discusses industrial changes and growth in Japan, noting aspects of manufacturing such as marketing, purchasing, accounting, and human resources management. The article also describes the production management technique Just-In-Time (JIT) which emphasizes demand, limited production runs, quick setup, quality control, and reduced inventory and waste. Information is also provided on supply contracts, damages, lawsuits, and appeals.
If Ethanol Is The Answer, What Is The Question, Peter Z. Grossman
If Ethanol Is The Answer, What Is The Question, Peter Z. Grossman
Scholarship and Professional Work - Business
Since 2005, in the face of rising oil and gasoline prices, many Americans have looked to plant-based fuels, particularly ethanol, as the "answer" to our energy dilemmas. Section III examines the issues connected specifically to ethanol, how market forces as well as government subsidies have worked to make corn-based ethanol economically viable at times, why that viability has been lost in recent months even with subsidies, and further, why ethanol from corn on the scale the legislation demands is impractical. Clearly it would be technically possible to produce the mandated 15 billion gallons of ethanol, and distilling capacity will nearly …
Legal History Meets The Honors Program, Robert B. Bennett
Legal History Meets The Honors Program, Robert B. Bennett
Scholarship and Professional Work - Business
In this article, the author discusses the "Law and Culture" course that he developed to teach in the Butler University Honors Program. The course looks at some landmark periods or events in legal history and explores how those events were the product of their culture, and how they affected their culture. Among the events or periods that the author has looked at in iterations of this course were the survival instinct on display in "Regina v. Dudley and Stephens," the Nuremberg trials, the Scopes Monkey Trial, the modern American litigation explosion, and the events surrounding the U.S. Supreme Court decision …
The Meaning Of Property Rights: Law Versus Economics? , Daniel H. Cole, Peter Z. Grossman
The Meaning Of Property Rights: Law Versus Economics? , Daniel H. Cole, Peter Z. Grossman
Scholarship and Professional Work - Business
Property rights are fundamentals to economic analysis. There is, however, no consensus in the economic literature about what property rights are. Economists define them variously and inconsistently, sometimes in ways that deviate from the conventional understandings of legal scholars and judges. This article explores ways in which definitions of property rights in the economic literature diverge from conventional legal understandings, and how those divergences can create interdisciplinary confusion and bias economic analyses. Indeed, some economists' idiosyncratic definitions of property rights, if used to guide policy, could lead to suboptimal economic outcomes.
Seeing Is Believing; Or Is It? An Emperical Study Of Computer Simulations As Evidence., Robert B. Bennett, Jordan H. Leibman, Richard Fetter
Seeing Is Believing; Or Is It? An Emperical Study Of Computer Simulations As Evidence., Robert B. Bennett, Jordan H. Leibman, Richard Fetter
Scholarship and Professional Work - Business
Relying on the old adage, "seeing is believing," we conclude that the jury may give undue weight to an animated reconstruction of the accident .... It would be an inordinately difficult task for the plaintiff to counter, by cross-examination or otherwise, the impression that a computerized depiction of the accident is necessarily more accurate than an oral description of how the accident occurred. Because the expert's conclusion would be graphically depicted in a moving and animated form, the viewing of the computer simulation might more readily lead the jury to accept the data and premises underlying the defendant's expert's opinion... …
The Federal Trademark Dilution Act Of 1995: Potent Weapon Or Uphill Battle?, Erin J. Roth, Robert B. Bennett
The Federal Trademark Dilution Act Of 1995: Potent Weapon Or Uphill Battle?, Erin J. Roth, Robert B. Bennett
Scholarship and Professional Work - Business
Following a brief discussion of the history of trademark infringement law, the events leading to the FTDA, and an overview of the FTDA, this paper discusses the major causes of the FTDA's ineffectiveness. We will then review the application of the act, discuss its implications on the future of trademark ownership in business, and suggest improvements to the legal application of the act.