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Full-Text Articles in Law
Bankruptcy Policymaking In An Imperfect World, Elizabeth Warren
Bankruptcy Policymaking In An Imperfect World, Elizabeth Warren
Michigan Law Review
This essay is about bankruptcy policy. It attempts to articulate a comprehensive statement about the various and competing goals that underlie the bankruptcy system. The essay offers both a positive observation, drawn from the Code and its operation, and a normative evaluation, designed to outline the difficult value judgments that comprise the bankruptcy system. It also serves warning: before commentators propose any sweeping changes or policymakers take seriously any suggestions to scrap the system, they must consider the impact of such proposals on a number of competing normative goals.
An Equitable Approach To Products Liability Statutes Of Repose, Mark W. Peacock
An Equitable Approach To Products Liability Statutes Of Repose, Mark W. Peacock
Northern Illinois University Law Review
This comment addresses the applicability of the doctrine of equitable estoppel to products liability statutes of repose. The comment specifically focuses upon the situation where the injury caused by the defective product occurs after the repose period has ended and it is alleged that the manufacturer concealed from the customer its knowledge of the defect. The author concludes that the principles of equitable estoppel should be applied to bar the manufacturer from asserting the statute of repose as a defense where the manufacturer intentionally withheld its knowledge of the unreasonably dangerous defects of its product from the consumer.
Book Review, Juanita V. Field, Thomas G. Field Jr.
Book Review, Juanita V. Field, Thomas G. Field Jr.
RISK: Health, Safety & Environment (1990-2002)
Review of: WESLEY A. MAGAT & W. KIP VISCUSI, INFORMATIONAL APPROACHES TO REGULATION. (MIT Press 1992) [274 pp.] Appendices, endnotes, illustrations, index, list of titles in the Regulation of Economic Activity series, list of tables and figures, preface, series foreword. LC 91-29483; ISBN 0-262-13277-X. [$32.50 cloth. 55 Hayward Street; Cambridge MA 02142.]
Electronic Money In The 1990s: A Net Benefit Or Merely A Trade-Off?, Mark E. Budnitz
Electronic Money In The 1990s: A Net Benefit Or Merely A Trade-Off?, Mark E. Budnitz
Georgia State University Law Review
No abstract provided.
Chapter 11 For Individual Consumer Debtors: Fresh Start Or False Start?, Cheri L. Cohen
Chapter 11 For Individual Consumer Debtors: Fresh Start Or False Start?, Cheri L. Cohen
Northern Illinois University Law Review
This commentary examines the implications for consumer debtors filing for bankruptcy relief under chapter 11. This option was made available to all consumer debtors in the Supreme Court decision of Toibb v. Radloff. The author contends that the consumer debtor will only obtain a false start, instead of a fresh start, by turning to chapter 11 for the sought-after relief.
Rescuing The Revolution: The Revived Case For Enterprise Liability, Steven P. Croley, Jon D. Hanson
Rescuing The Revolution: The Revived Case For Enterprise Liability, Steven P. Croley, Jon D. Hanson
Michigan Law Review
The article proceeds as follows. Part I defines important terms and introduces the two-by-four Products Liability Matrix by explaining the eight possible positions that might be taken with respect to the mutability and liability-standard dimensions of products liability. Part II provides a backdrop for the current products liability debate, first by setting out a capsule history of the evolution of the modem products liability regime, and then by explaining the arguments offered by the "first generation" of products liability scholars to justify expanded manufacturer liability. Part II also illustrates the utility of the Products Liability Matrix by locating many of …
Empowering The Russian Consumer In A Market Economy, James P. Nehf
Empowering The Russian Consumer In A Market Economy, James P. Nehf
Michigan Journal of International Law
One purpose of this article is to examine how the legislative product of a declining socialist state will benefit Russian consumers during the unusual circumstances characterizing the period of market transformation. A second purpose is to familiarize Western consumerists with the decidedly pro-consumer features of the Russian law. Part I analyzes the consumer law's provisions that elevate the legal status of consumers when they purchase goods and services. Part II examines the legislation from a different perspective - as a set of legal norms affecting the operation of consumer markets generally. Part III discusses the enforcement mechanisms established in the …
Construction Contracts And Contractors: Hurricane Andrew Reteaches Consumers, Michael Flynn
Construction Contracts And Contractors: Hurricane Andrew Reteaches Consumers, Michael Flynn
Nova Law Review
In the early morning hours of August 24, 1992 the landscape of a large portion of South Florida changed.