Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Consumer protection (3)
- Antitrust (1)
- Army Corps of Engineers (1)
- Brands (1)
- Competition (1)
-
- Consumer Review Fairness Act (1)
- Consumer credit (1)
- Copyright law (1)
- DOJ (1)
- Disaster Relief (1)
- Economics of status (1)
- Engineered Flood Control (1)
- FTC (1)
- Fifth Amendment (1)
- First Amendment (1)
- Flood Insurance (1)
- Gag clauses (1)
- Hurricane Katrina (1)
- Judge Kozinski (1)
- Lucas v. South Carolina Coastal Council (1)
- Merger efficiencies (1)
- Merger guidelines (1)
- Morality of status (1)
- Payday loans (1)
- Planned obsolescence (1)
- Status symbols (1)
- Trademark law (1)
- Veblen effects (1)
- Warranty (1)
Articles 1 - 6 of 6
Full-Text Articles in Law
Comparative Warranty Law: Case Of Planned Obsolescence, Stefan Wrbka, Larry A. Dimatteo
Comparative Warranty Law: Case Of Planned Obsolescence, Stefan Wrbka, Larry A. Dimatteo
UF Law Faculty Publications
The cause of our present stagnation is that the supply line or arteries furnishing the needs of the country are clogged with obsolete, outworn and outmoded machinery, buildings and commodities of all kinds. These are obstructing the avenues of commerce and industry and are preventing new products from coming through. There is little demand for new goods when people make their old and worn-out things do, by keeping them longer than they should.
Gag Clauses And The Right To Gripe: The Consumer Review Fairness Act Of 2016 & State Efforts To Protect Online Reviews From Contractual Censorship, Clay Calvert
UF Law Faculty Publications
This article examines new legislation, including the federal Consumer Review Fairness Act, signed into law in December 2016, targeting non-disparagement clauses in consumer contracts. Such “gag clauses” typically prohibit or punish the posting of negative reviews of businesses on websites, such as Yelp and TripAdvisor. This article asserts that state and federal statutes provide the best means, from a pro-free-expression perspective, of attacking such clauses, given the disturbingly real possibility that the First Amendment has no bearing on contractual obligations between private parties.
Regulating For The First Time The Decision To Grant Consumer Credit: A Look At The First Steps Taken By The United States And Australia, Jeffrey Davis
Regulating For The First Time The Decision To Grant Consumer Credit: A Look At The First Steps Taken By The United States And Australia, Jeffrey Davis
UF Law Faculty Publications
In this Article, I discuss the changes in three consumer-credit realms. First, I compare the Australian regime applicable to all forms of consumer credit granting, including mortgage lending, to the American regulation of the consumer mortgage-granting decision. Second, I compare the Australian and American approaches to the decision to authorize use of, or increase the credit limit on, individual credit cards. Third, I compare the two approaches to regulating small short-term loans, usually called payday loans. Finally, I compare the enforcement regimes of both countries — perhaps the key to it all.
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
UF Law Faculty Publications
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
UF Law Faculty Publications
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 …
Trademark Law And Status Signaling: Tattoos For The Privileged, Jeffrey L. Harrison
Trademark Law And Status Signaling: Tattoos For The Privileged, Jeffrey L. Harrison
UF Law Faculty Publications
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 …