Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (4)
- Pepperdine University (3)
- Duke Law (2)
- Maurer School of Law: Indiana University (2)
- Singapore Management University (2)
-
- BLR (1)
- Brigham Young University (1)
- Northwestern Pritzker School of Law (1)
- Selected Works (1)
- The Catholic University of America, Columbus School of Law (1)
- United Arab Emirates University (1)
- University of Cincinnati College of Law (1)
- University of Pennsylvania Carey Law School (1)
- Washington and Lee University School of Law (1)
- Publication Year
- Publication
-
- Faculty Scholarship (2)
- Indiana Law Journal (2)
- Michigan Law Review (2)
- Pepperdine Law Review (2)
- Research Collection Yong Pung How School Of Law (2)
-
- University of Michigan Journal of Law Reform (2)
- All Faculty Scholarship (1)
- Brigham Young University Prelaw Review (1)
- Catholic University Law Review (1)
- Christopher Chao-hung CHEN (1)
- ExpressO (1)
- NULR Online (1)
- The Journal of Business, Entrepreneurship & the Law (1)
- The University of Cincinnati Intellectual Property and Computer Law Journal (1)
- UAEU Law Journal (1)
- Washington and Lee Law Review (1)
- Publication Type
Articles 1 - 22 of 22
Full-Text Articles in Law
The Junk Food Problem: Why The Law Allows Advertising To Kids And How To Implement Change, Makenna Hardy, Madison Maloney
The Junk Food Problem: Why The Law Allows Advertising To Kids And How To Implement Change, Makenna Hardy, Madison Maloney
Brigham Young University Prelaw Review
Rapid technological advancements have increased the methods in which advertisers can reach the public, specifically children. As obesity rates increase among America’s youth, more stringent advertising laws barring junk food exposure have been advocated for. Since the Supreme Court has determined commercial free speech as deserving full First Amendment coverage, the rights of advertisers frequently inhibit productive methods of protecting children from junk food advertisements. This article examines the current standards safeguarding both children and advertisers and the feasibility of restricting advertising to kids within the limitations of commercial speech protections.
Comparative Advertising And Its Legitimacy: A Comparative Legal Study, Dr. Bakhtiar Saber Bayez
Comparative Advertising And Its Legitimacy: A Comparative Legal Study, Dr. Bakhtiar Saber Bayez
UAEU Law Journal
Commercial comparative advertising is that advertising which is exposed to someone who is competitor or exposed to goods or services offered by the competitor , and that advertising will not be project unless if it was impartial and honest and does not aim to harm a third party, whether if he was merchant competitor or an ordinary consumer, that means the relationship between commercial advertising and comparative mislead the consumer is not inevitable and is not correct to connect between them in all cases, but on the contrary, we believe that the presence of commercial comparative advertising elucidate the way …
Cheers To Central Hudson: How Traditional Intermediate Scrutiny Helps Keep Independent Craft Beer Viable, Daniel J. Croxall
Cheers To Central Hudson: How Traditional Intermediate Scrutiny Helps Keep Independent Craft Beer Viable, Daniel J. Croxall
NULR Online
Independent craft breweries contributed approximately $68 billion to the national economy last year. However, an arcane regulatory scheme governs the alcohol industry in general and the craft beer industry specifically, posing both obstacles and benefits to independent craft brewers. This Essay examines regulations that arguably infringe on free speech: namely, commercial speech regulations that prohibit alcohol manufacturers from purchasing advertising space from retailers. Such regulations were enacted to prohibit undue influence and anticompetitive behavior stemming from vertical and horizontal integration in the alcohol market. Although these regulations are necessary to prevent global corporate brewers from dominating the craft beer market …
Celebrities’ Expansive “Right Of Publicity” Infringes Upon Advertisers’ First Amendment Rights, Jon Siderits
Celebrities’ Expansive “Right Of Publicity” Infringes Upon Advertisers’ First Amendment Rights, Jon Siderits
The University of Cincinnati Intellectual Property and Computer Law Journal
No abstract provided.
Going Native: The Rise Of Online Native Advertising And A Recommended Regulatory Approach, A.J. Casale
Going Native: The Rise Of Online Native Advertising And A Recommended Regulatory Approach, A.J. Casale
Catholic University Law Review
J.D. Candidate, May 2016, The Catholic University of America, Columbus School of Law; B.A., 2006, The George Washington University. The author would like to thank the staff and editors of the Catholic University Law Review for their contributions to this Comment.
Deceptive Advertising And The Federal Trade Commission: A Perspective, Larry T. Pleiss
Deceptive Advertising And The Federal Trade Commission: A Perspective, Larry T. Pleiss
Pepperdine Law Review
No abstract provided.
The Legal World Wide Web: Electronic Personal Jurisdiction In Commercial Litigation, Or How To Expose Yourself To Liability Anywhere In The World With The Press Of A Button, Robert M. Harkins Jr.
The Legal World Wide Web: Electronic Personal Jurisdiction In Commercial Litigation, Or How To Expose Yourself To Liability Anywhere In The World With The Press Of A Button, Robert M. Harkins Jr.
Pepperdine Law Review
No abstract provided.
Advertising Law And Regulation By Giles Crown, Oliver Bray And Rupert Earle [Book Review], Christopher Chao-Hung Chen
Advertising Law And Regulation By Giles Crown, Oliver Bray And Rupert Earle [Book Review], Christopher Chao-Hung Chen
Christopher Chao-hung CHEN
No abstract provided.
Baby Boomers' And The Branding Of Political Speech: An Unintended Consequence Of Bono's Red Campaign, Robert Koulish
Baby Boomers' And The Branding Of Political Speech: An Unintended Consequence Of Bono's Red Campaign, Robert Koulish
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Advertising Law And Regulation By Giles Crown, Oliver Bray And Rupert Earle [Book Review], Christopher Chao-Hung Chen
Advertising Law And Regulation By Giles Crown, Oliver Bray And Rupert Earle [Book Review], Christopher Chao-Hung Chen
Research Collection Yong Pung How School Of Law
No abstract provided.
Advertising Law And Regulation, Chao-Hung Christopher Chen
Advertising Law And Regulation, Chao-Hung Christopher Chen
Research Collection Yong Pung How School Of Law
No abstract provided.
The Best Puffery Article Ever, David A. Hoffman
The Best Puffery Article Ever, David A. Hoffman
All Faculty Scholarship
This Article provides the first extensive legal treatment of an important defense in the law of fraud and contracts: puffery. Legal authorities commonly say they make decisions about whether defendants should be able to utter exaggerated, optimistic, lies based on assumptions about buyer behavior, concluding that consumers do not rely on such speech. However, as the Article shows, such analyses are proxies for a deeper analytical question: does the speech encourage or discourage a type of consumption activity that the court deems welfare maximizing? The Article presents a novel constitutional analysis of puffery doctrine that focuses on the meaning of …
Scylla Or Charybdis: Navigating The Jurisprudence Of Visual Clutter, M. Ryan Calo
Scylla Or Charybdis: Navigating The Jurisprudence Of Visual Clutter, M. Ryan Calo
Michigan Law Review
This Note argues that passing close to Discovery Network is the safest route - municipalities can still drastically reduce visual clutter by regulating commercial speech alone without violating the First Amendment. Part I looks at the onsite/offsite distinction, a singularly popular method of sign regulation, and concludes that this distinction runs squarely afoul of Metromedia. Part II looks at the once-accepted alternative route - the commercial/noncommercial distinction - and argues that this distinction does not run afoul of Discovery Network. Rather, a close reading of Discovery Network permits the regulation of exclusively commercial billboards where, as typically, they …
Reconsidering The Prohibition Against General Solicitation During Section 3(C)(7) Offerings, Daniel P. Taub
Reconsidering The Prohibition Against General Solicitation During Section 3(C)(7) Offerings, Daniel P. Taub
ExpressO
This paper examines the seventy year history of the general solicitation prohibition during private offerings and then analyzes its continuing relevance as applied to Section 3(c)(7) offerings. The S.E.C. Staff recently issued a report questioning the continuing value of prohibiting general solicitation during private offerings made pursuant to Section 3(c)(7) of the Investment Company Act. If the S.E.C. were to follow the recommendation in the S.E.C. Staff Report, this would have tremendous implications for a growing number of hedge funds, and other investment companies utilizing the Section 3(c)(7) exemption. By allowing general solicitation, the S.E.C. would be reversing a policy …
To What Extent Does The Power Of Government To Determine The Boundaries And Conditions Of Lawful Commerce Permit Government To Declare Who May Advertise And Who May Not?, William W. Van Alstyne
To What Extent Does The Power Of Government To Determine The Boundaries And Conditions Of Lawful Commerce Permit Government To Declare Who May Advertise And Who May Not?, William W. Van Alstyne
Faculty Scholarship
No abstract provided.
Quo Vadis, Posadas?, William W. Van Alstyne
Quo Vadis, Posadas?, William W. Van Alstyne
Faculty Scholarship
This examination looks at Virginia's ban on speech advertising motorcycles and revisits the question raised in the Posadas decision - may a state ban speech about a legal product the state could ban if it so desired. This article uses comparisons to the government employee speech cases to further illuminate the issue.
World Wide Web Advertising: Personal Jurisdiction Around The Whole Wide World?, Christopher W. Meyer
World Wide Web Advertising: Personal Jurisdiction Around The Whole Wide World?, Christopher W. Meyer
Washington and Lee Law Review
No abstract provided.
Counterspeech As An Alternative To Prohibition: Proposed Federal Regulation Of Tobacco Promotion In American Motorsport, David A. Locke
Counterspeech As An Alternative To Prohibition: Proposed Federal Regulation Of Tobacco Promotion In American Motorsport, David A. Locke
Indiana Law Journal
No abstract provided.
Defining "Green": Toward Regulation Of Environmental Marketing Claims, Roger D. Wynne
Defining "Green": Toward Regulation Of Environmental Marketing Claims, Roger D. Wynne
University of Michigan Journal of Law Reform
This Note joins a rising chorus calling for government regulation of green marketing claims. It attempts to encourage and add a sense of urgency to a burgeoning regulatory movement by highlighting some of the legal issues that such regulation entails. Part I identifies a gap in the law: the inability of current truth-in-advertising laws to clarify the legality of green marketing claims. Part II urges bridging that gap quickly; it examines the costs of continued nonregulation and describes some of the forms regulation is taking. Part III attempts to allay any fears that such regulations might be challenged on first …
Making Sense Of Billboard Law: Justifying Prohibitions And Exemptions, R. Douglass Bond
Making Sense Of Billboard Law: Justifying Prohibitions And Exemptions, R. Douglass Bond
Michigan Law Review
Part I of this Note surveys the trends in the aesthetic regulation of billboards, culminating in the Supreme Court of California's decision in Metromedia, Inc. v. City of San Diego, and the Supreme Court's review of that decision. Part II analyzes the five Metromedia opinions in order to present properly the contemporary debate over billboard law. It inquires whether a sign prohibition should hinge on the commercial or noncommercial status of the targeted signs. Part III indicates how ambiguities in the Metromedia plurality opinion have produced the conflict in lower courts between the commercial/noncommercial distinction and the onsite/ off …
Access To Legal Services Through Advertising And Specialization, Robert H. Staton
Access To Legal Services Through Advertising And Specialization, Robert H. Staton
Indiana Law Journal
No abstract provided.
Souped Up Affirmative Disclosure Orders Of The Federal Trade Commission, William F. Lemke Jr.
Souped Up Affirmative Disclosure Orders Of The Federal Trade Commission, William F. Lemke Jr.
University of Michigan Journal of Law Reform
Under section 5(b) of the Federal Trade Commission Act the Commission is given authority to conduct hearings, make findings and issue cease and desist orders requiring any person, partnership or corporation to cease and desist from use of unfair methods of competition or unfair or deceptive practices in commerce. The Commission also issues consent orders in cases which are concluded by agreement between the Commission and the allegedly offending party. Consent orders have the same force and binding effect as those issued after hearings and findings. Although it is well established that the Commission has very broad discretion and authority …