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Full-Text Articles in Law

Information, Imagery, And The First Amendment: A Case For Expensive Protection Of Commercial Speech, Rodney A. Smolla Jul 2015

Information, Imagery, And The First Amendment: A Case For Expensive Protection Of Commercial Speech, Rodney A. Smolla

Rod Smolla

Not available.


Fighting Childhood Obesity Through Performance-Based Regulation Of The Food Industry, Stephen D. Sugarman, Nirit Sandman Aug 2014

Fighting Childhood Obesity Through Performance-Based Regulation Of The Food Industry, Stephen D. Sugarman, Nirit Sandman

Stephen D Sugarman

That childhood obesity is an alarming public health problem is clear and widely appreciated. What is altogether unclear is what our society should do about it. Some people think the solution lies in using tort law to sue McDonald's, Coca-Cola, and other corporations. We reject that notion. Others believe that government should order specific changes in the behavior of food companies and school officials--and yet, there is little reason for confidence that these "command and control" strategies will make a difference. Instead, we propose "performance-based regulation" of the food industry. This is analogous to the approach our country is now …


Anonymous Speech And Section 527 Of The Internal Revenue Code, Donald B. Tobin Jun 2014

Anonymous Speech And Section 527 Of The Internal Revenue Code, Donald B. Tobin

Donald B. Tobin

No abstract provided.


Undermining Parental Authority, Unethical Advertising And The Accountability Of Self-Regulation: Thomascook.Ca As A Fable, Nachshon Goltz, Peter Neufeld Oct 2013

Undermining Parental Authority, Unethical Advertising And The Accountability Of Self-Regulation: Thomascook.Ca As A Fable, Nachshon Goltz, Peter Neufeld

Nachshon Goltz

This paper demonstrates the shortcomings of Advertising Standards Canada, the Canadian self-regulatory body overseeing advertising to children. It uses a case study initiated by a complaint regarding a parental undermining advertisement. Advertising Standards Canada failure to address this complaint illustrate the greater need for Canada to move away from self-regulation in children advertising to a less de-centralized regulatory regime. This move is increasingly important due to the unprecedented rise in electronic marketing and its ability to use stealth advertising and collect information from its child consumers.


"Merchants Of Discontent": An Exploration Of The Psychology Of Advertising, Addiction, And The Implications For Commercial Speech, Tamara R. Piety Jul 2013

"Merchants Of Discontent": An Exploration Of The Psychology Of Advertising, Addiction, And The Implications For Commercial Speech, Tamara R. Piety

Tamara R. Piety

In this paper, I attempt to draw parallels between the psychology of commercial advertising and marketing and the psychology of addiction. Both appear to be characterized by denial, escapism, narcissism, isolation, insatiability, impatience, and diminished sensitivity. Advertising appeals to these impulses and addiction is marked by them. In what follows, I explore these parallels in general and then explore the potential consequences or side effects in three specific contexts: the advertising of addictive products, advertising and children, and advertising and women. In these three areas, there is some evidence that advertising may be contributing to negative social phenomena in a …


Applied Deceptive Advertising, Jessica Dipietro Dec 2012

Applied Deceptive Advertising, Jessica Dipietro

Jessica DiPietro

This Comment determines whether a game marketed as an app may be considered a deceptive practice under the Federal Trade Commission (“FTC”) Act. Using a hypothetical company and the company’s app, this Comment discusses when an app may be regulated under the current law under the FTC Act. Second, this Comment discusses when an app may be a franchise or business venture under the Franchise Rule and, therefore, regulated by the FTC Act. Next, the Children’s Advertising Review Unit (“CARU”) is discussed as a self-regulating entity. Last, the hypothetical app is analyzed under current case law, which has interpreted the …


Advertising Law And Regulation By Giles Crown, Oliver Bray And Rupert Earle [Book Review], Christopher Chao-Hung Chen Jul 2012

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.


Marketing Goods, Marketing Images: The Impact Of Advertising On Race, Deseriee A. Kennedy Apr 2011

Marketing Goods, Marketing Images: The Impact Of Advertising On Race, Deseriee A. Kennedy

Deseriee A. Kennedy

No abstract provided.


Hate The Vile Campaign Ads? Blame The Supreme Court, Alan E. Garfield Nov 2006

Hate The Vile Campaign Ads? Blame The Supreme Court, Alan E. Garfield

Alan E Garfield

No abstract provided.


"Merchants Of Discontent:" An Exploration Of The Psychology Of Advertising, Addiction And Its Implications For Commercial Speech, Tamara R. Piety Dec 2000

"Merchants Of Discontent:" An Exploration Of The Psychology Of Advertising, Addiction And Its Implications For Commercial Speech, Tamara R. Piety

Tamara R. Piety

This article compares the psychology of addition and the psychology of advertising and argues that the parallels suggest that some regulation of advertising is in the public interest.


Floating A University Website: If You're Going To Fish, Bring The Right Bait, Oscar T. Mcknight, Ronald Paugh Nov 1999

Floating A University Website: If You're Going To Fish, Bring The Right Bait, Oscar T. Mcknight, Ronald Paugh

Oscar T McKnight Ph.D.

Visual and printed information desired by precollege students were examined using a cluster technique. Significant relationships between the ACT score and student preferences were found. Several recommendations are offered to assist college and university administrators integrate the research and interactivity of the Web into their overall marketing strategy.


Advertising Slogans And University Marketing: An Exploratory Study Of Brand-Fit And Cognition In Higher Education, Oscar T. Mcknight, Ronald Paugh Dec 1998

Advertising Slogans And University Marketing: An Exploratory Study Of Brand-Fit And Cognition In Higher Education, Oscar T. Mcknight, Ronald Paugh

Oscar T McKnight Ph.D.

It is not uncommon for universities to develop and market their advertising slogan. This study examines institutional advertising slogans, and empirically tests the cognitive component of brand-fit. Findings are indicative of a relationship between cognition and university advertising slogans. Implications for university communications are marketing strategies are discussed.


Advertising And Solicitation, Louise Hill, Stephen Ripps Dec 1995

Advertising And Solicitation, Louise Hill, Stephen Ripps

Louise L Hill

No abstract provided.


Lawyer Publicity In The European Union: Bans Are Removed But Barriers Remain, Louise L. Hill Dec 1995

Lawyer Publicity In The European Union: Bans Are Removed But Barriers Remain, Louise L. Hill

Louise L Hill

The publicity rules of legal professions in the Member States of the European Union (EU) vary greatly, particularly with respect to regulations associated with lawyer advertising. Publicity rules which vary in breadth and scope are problematic for the EU lawyer engaging in cross-border practice, especially when a home state lawyer advertising rule is more restrictive than that of a host state. "Lawyer Publicity in the European Union: Bans are Removed But Barriers Remain," addresses the evolution of doctrines relating to the legal profession in EU countries. The article sets forth the structure of legal professions in twelve EU Member States, …