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Articles 1 - 16 of 16
Full-Text Articles in Law
Economic Liberty "In A World Of Pure Imagination”: A Theoretical Analysis Of Willy Wonka, Natural Rights, And The New Age Of Innovation, Tammy M. Eick
Economic Liberty "In A World Of Pure Imagination”: A Theoretical Analysis Of Willy Wonka, Natural Rights, And The New Age Of Innovation, Tammy M. Eick
Nova Law Review
No abstract provided.
Online And “As Is”, Colin P. Marks
Online And “As Is”, Colin P. Marks
Pepperdine Law Review
Online retail is a multi-billion-dollar industry in the United States. Consumers enjoy the ease with which they can browse, click, and order goods from the comfort of their own homes. Though it may come as no surprise to most lawyers, retailers are taking advantage of online transactions by attaching additional terms and conditions that one would not normally find in-store. Some of these conditions are logical limitations on the use of the retailers’ websites, but others go much further, limiting consumers’ rights in ways that would surprise many shoppers. In particular, many online retailers use these terms to limit implied …
Tweaking The Twenty-First Amendment: An Argument Against Durational-Residency Requirements For Alcohol Beverage Wholesalers And Retailers, Keegan J. Shea
Tweaking The Twenty-First Amendment: An Argument Against Durational-Residency Requirements For Alcohol Beverage Wholesalers And Retailers, Keegan J. Shea
Saint Louis University Law Journal
No abstract provided.
Consumers’ Obsession Becoming Retailers’ Possession: The Way That Retailers Are Benefiting From Consumers’ Presence On Social Media, Vivian Adame
San Diego Law Review
Retailers can profit from consumers’ social media presence in two ways: (1) through inadequate privacy laws; and (2) through retailers’ reposting of consumers intellectual property uploaded to social media sites. The California Legislature passed the Online Privacy Protection Act (CalOPPA), which moved towards protecting the privacy rights of consumers. However, the Legislature’s inability to hold retailers accountable under CalOPPA leaves consumers susceptible to the invasive technologies retailers use to collect social media users’ information, which they in turn sell and profit from. To better protect consumers on social media, the legislature should first enact a privacy law restricting retailers’ and …
Slides: Meeting The Needs Of Women Through Clean Cooking Solutions, Corinne Hart
Slides: Meeting The Needs Of Women Through Clean Cooking Solutions, Corinne Hart
2012 Energy Justice Conference and Technology Exposition (September 17-18)
Presenter: Corinne Hart, Program Manager, Gender and Markets, Global Alliance for Clean Cookstoves
20 slides
Discarding The North Dakota Dictum: An Argument For Strict Scrutiny Of The Three-Tier Distribution System, Amy Murphy
Discarding The North Dakota Dictum: An Argument For Strict Scrutiny Of The Three-Tier Distribution System, Amy Murphy
Michigan Law Review
In Granholm v. Heald, the Supreme Court held that states must treat instate and out-of-state alcoholic beverages equally under the dormant Commerce Clause and established a heightened standard of review for state alcohol laws. Yet in dictum the Court acknowledged that the three-tier distribution system-a regime that imposes a physical presence requirement on alcoholic beverage wholesalers and retailers-was "unquestionably legitimate." Though the system's physical presence requirement should trigger strict scrutiny, lower courts have placed special emphasis on Granholm's dictum, refusing to subject the three-tier distribution system to Granholm's heightened standard of review. This Note argues that the dictum should be …
The Unintended Consequence Of Tort Reform In Michigan: An Argument For Reinstating Retailer Product Liability, Ashley L. Thompson
The Unintended Consequence Of Tort Reform In Michigan: An Argument For Reinstating Retailer Product Liability, Ashley L. Thompson
University of Michigan Journal of Law Reform
Tort reform became an important issue during the 1994 Congressional Campaign as part of the Republican Party's "Contract with America. "Since then, many federal and state laws have attempted to reduce both liability and recovery in tort actions. In 1996, Michigan passed the Tort Reform Act, encompassing many drastic changes to state tort law. One provision of the Act, § 294 7, scaled back liability against non-manufacturing retailers in product liability actions. The Michigan Supreme Court interpreted the exceptions of the law narrowly and the prohibition broadly, essentially barring recovery from retailers. Since 1996, this provision has prevented victims injured …
Warranties In The Box, James J. White
Warranties In The Box, James J. White
Articles
Thousands of times each day, a buyer opens a box that contains a new computer or other electronic device. There he finds written material including an express "Limited Warranty." Sometimes the box has come by FedEx directly from the manufacturer; other times the buyer has carried it home from a retail merchant. Despite the fact that it is standard practice for the manufacturer to include a limited written express warranty on the sale of such products,' and despite the fact that both the manufacturer and the buyer believe that warranty to be legally enforceable, the law on its enforceability is …
Reverberations From The Collision Of Tort And Warranty (Products Liability Law Symposium In Memory Of Professor Gary T. Schwartz), James J. White
Reverberations From The Collision Of Tort And Warranty (Products Liability Law Symposium In Memory Of Professor Gary T. Schwartz), James J. White
Articles
In his famous Stanford Law Review article, When Worlds Collide,' Professor Marc Franklin foretold the troubles for American law in the impending collision of the tort of strict liability with the warranty of merchantability.2 We daily suffer the reverberations from that collision as courts struggle with the proper application of strict tort liability and breach of warranty in products liability cases. Lawyers who have not studied Article 2 of the Uniform Commercial Code (U.C.C.) are surprised to learn that virtually every buyer who has a strict tort claim for an injury caused by a defective product also has a potential …
The Tragedy Of The Anticommons: Property In The Transition From Marx To Markets, Michael A. Heller
The Tragedy Of The Anticommons: Property In The Transition From Marx To Markets, Michael A. Heller
Articles
Why are many storefronts in Moscow empty, while street kiosks in front are full of goods? In this Article, Professor Heller develops a theory of anticommons property to help explain the puzzle of empty storefronts and full kiosks. Anticommons property can be understood as the mirror image of commons property. By definition, in a commons, multiple owners are each endowed with the privilege to use a given resource, and no one has the right to exclude another When too many owners hold such privileges of use, the resource is prone to overuse - a tragedy of the commons. Depleted fisheries …
Conservation And Natural Resources Georgia Water Quality Control Act: Authorize Mandated Sale Of Low Phosphorus Detergents, W. Linkous
Georgia State University Law Review
The Act authorizes local governmental entities in Georgia to mandate that retailers sell only low phosphorus household laundry detergents under certain circumstances. The Act provides for local ordinances and the contents of such ordinances.
The Strict Tort Liability Of Retailers, Wholesalers, And Distributors Of Defective Products, Frank J. Cavico Jr.
The Strict Tort Liability Of Retailers, Wholesalers, And Distributors Of Defective Products, Frank J. Cavico Jr.
Nova Law Review
Strict tort liability is a mechanism the law employs to compensate innocent consumers who have been injured by the use of defective products.
Fishing And Selling, Victor P. Goldberg
Fishing And Selling, Victor P. Goldberg
Faculty Scholarship
Consumers are a lot like fish, out there waiting to be hooked. Like most images, this one is a caricature of reality. The choice and search effort of consumers is suppressed in order to explore the implications of selling activity by manufacturers and retailers. In particular, the fishing analogy suggests that there is a tendency toward excessive selling activity if sellers do not take into account the effects of their activity on the costs of their rivals. However, sellers, like fishermen, have an incentive to arrange their affairs to mitigate the dissipation of rents. This argument is developed in Section …
Retail Responsibility And Judicial Law Making, John Barker Waite
Retail Responsibility And Judicial Law Making, John Barker Waite
Michigan Law Review
When the corner grocer sells a can of beans and a peck of fresh spinach, does he make himself responsible for the contents of the can, or acquire liability because of a green worm buried deep in the leaves?
Sales-Breach Of Implied Warranty-Liability For Death
Sales-Breach Of Implied Warranty-Liability For Death
Michigan Law Review
The daughter of plaintiff's decedent purchased; from defendant retailer, a can of corned beef packed by a foreign concern for defendant packer. The latter's name and trademark appeared upon the can. Decedent, while eating some of the meat, swallowed a small piece of tin which apparently became detached from the can itself and became imbedded in the contents. Death followed the injury to decedent's esophagus, and an action was brought by the administrator against the retailer for breach of implied warranty, and against the packer for negligence. The trial court permitted a recovery against the retailer for damages accruing up …
Can A Manufacturer Be Compelled To Sell?, Henry M. Bates
Can A Manufacturer Be Compelled To Sell?, Henry M. Bates
Articles
The fight for price maintenance is not yet completely settled, despite, the decisions in Dr. Miles Medical Company v. Parks & Sons Company, 220 U. S. 373, 31 Sup. Ct. 376, 55 L. Ed. 502, and Bauer & Cie v. O'Donnell, 229 U. S. 1, 33 Sup. Ct. 616, 58 L. Ed. 1041, which held invalid contracts, whether nominally of agency, or of sale, between manufacturer and wholesaler or jobber whereby the latter in purchasing agreed himself to maintain and to sell only to others who would maintain a schedule of prices established by the manufacturer. But there are more …