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Articles 361 - 388 of 388
Full-Text Articles in Consumer Protection Law
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
ExpressO
No abstract provided.
Is Tiger Woods’S Swing Really A Work Of Art? Defining The Line Between The Right Of Publicity And The First Amendment, Michael R. Suppappola
Is Tiger Woods’S Swing Really A Work Of Art? Defining The Line Between The Right Of Publicity And The First Amendment, Michael R. Suppappola
ExpressO
My Comment, “Is Tiger Woods’s Swing Really a Work of Art? Defining the Line Between the Right of Publicity and the First Amendment,” focuses on the controversial “right of publicity,” a legal doctrine which is now recognized in the majority of states either at common law or by statute. The right of publicity allows athletes and celebrities to exclude others from using an entertainer’s likeness or image absent express permission. Although advocates claim that the right is needed to allow celebrities to profit from their own labor and goodwill, my Comment outlines how the right of publicity endangers traditional First …
When Are Releases Of Claims For Erisa Plan Benefits Effective?, 38 J. Marshall L. Rev. 773 (2005), Albert Feuer
When Are Releases Of Claims For Erisa Plan Benefits Effective?, 38 J. Marshall L. Rev. 773 (2005), Albert Feuer
UIC Law Review
No abstract provided.
Regulating The Regulators: The Impact Of Fda Regulation On Corporations' First Amendment Rights, 39 J. Marshall L. Rev. 95 (2005), Lisa M. Fealk-Stickler
Regulating The Regulators: The Impact Of Fda Regulation On Corporations' First Amendment Rights, 39 J. Marshall L. Rev. 95 (2005), Lisa M. Fealk-Stickler
UIC Law Review
No abstract provided.
Family Leave Policies Trump States Rights: Nevada Department Of Human Resources V. Hibbs And Its Impact Of Sovereign Immunity Jurisprudence, 37 J. Marshall L. Rev. 599 (2004), Jana L. Tibben
UIC Law Review
No abstract provided.
Rethinking Campaign-Finance Reform: The Pressing Need For Deregulation And Disclosure, 38 J. Marshall L. Rev. 633 (2004), Cecil C. Kuhne Iii
Rethinking Campaign-Finance Reform: The Pressing Need For Deregulation And Disclosure, 38 J. Marshall L. Rev. 633 (2004), Cecil C. Kuhne Iii
UIC Law Review
No abstract provided.
Drug Regulations And The Constitution After Western States, Margaret Gilhooley
Drug Regulations And The Constitution After Western States, Margaret Gilhooley
University of Richmond Law Review
No abstract provided.
The Valuation Of An Experience: A Study In Land Use Regulation, 36 J. Marshall L. Rev. 779 (2003), Bob Madden
The Valuation Of An Experience: A Study In Land Use Regulation, 36 J. Marshall L. Rev. 779 (2003), Bob Madden
UIC Law Review
No abstract provided.
The Public Interest Standard: Is It Too Indeterminate To Be Constitutional?, Randolph J. May
The Public Interest Standard: Is It Too Indeterminate To Be Constitutional?, Randolph J. May
Federal Communications Law Journal
This Article argues that the congressional delegation of public interest authority to the FCC likely violates the nondelegation doctrine that inheres in the constitutional separation of powers scheme and that, even if the courts do not hold the public interest delegation unconstitutional, Congress should revise the Communications Act to set forth more specific guidance for the FCC. In today’s environment of “convergence,” in which competition is flourishing across communications sectors, Congress should not shirk its responsibility to establish fundamental policy for an industry that contributes so much to the overall health of our economy. This Article argues that Congress should …
Bad Medicine: Erisa's Equitable Remedies And The Preemption Of Fundamental Legal Rights, 34 J. Marshall L. Rev. 583 (2001), Marilyn Lablaiks
Bad Medicine: Erisa's Equitable Remedies And The Preemption Of Fundamental Legal Rights, 34 J. Marshall L. Rev. 583 (2001), Marilyn Lablaiks
UIC Law Review
No abstract provided.
Section 254 Of The Telecommunications Act Of 1996: A Hidden Tax?, Nichole L. Millard
Section 254 Of The Telecommunications Act Of 1996: A Hidden Tax?, Nichole L. Millard
Federal Communications Law Journal
Congress has the sole power to levy and collect taxes. The Supreme Court has ruled that Congress may delegate this authority to administrative agencies so long as the will of Congress is clearly defined in the legislation. However, section 254 of the Telecommunications Act of 1996 operates as an unconstitutional delegation of Congress' authority to tax. This legislation provides the FCC with unfettered discretion in defining the boundaries of universal service and the authority to mandate that all consumers of telecommunications services subsidize the cost for low-income and rural consumers, as well as schools, libraries, and health care providers.
Product Liability Law In The Federal Arena, Sherman Joyce
Product Liability Law In The Federal Arena, Sherman Joyce
Seattle University Law Review
The law of product liability has been created by state judges and legislatures. Although not widely noticed, this tradition changed when Congress enacted the General Aviation Revitalization Act of 1994. That legislation established an eighteen-year statute of repose for claims brought by non-commercial passengers injured or killed in accidents involving light aircraft. Until that time, product liability law had been exclusively a function of state law. Nevertheless, product liability reform legislation has been the subject of extensive examination and scrutiny by Members of the United States Congress for one and a half decades. This Article analyzes the constitutional underpinnings for …
Your Life As An Open Book: Has Technology Rendered Personal Privacy Virtually Obsolete?, Sandra Byrd Peterson
Your Life As An Open Book: Has Technology Rendered Personal Privacy Virtually Obsolete?, Sandra Byrd Peterson
Federal Communications Law Journal
As society becomes increasingly automated, the ability of individuals to protect their "information privacy" is practically nonexistent. Information that was once kept on paper in filing cabinets is now on-line in computer databases. At the touch of a computer key, a complete stranger can conveniently access and compile from a variety of different sources a dossier of intimate, personal information about people without their knowledge. Perhaps more shocking is the current lack of legal recourse available to contest the nonconsensual use of personal data.
In this Note, the Author examines the currently loose constitutional and common-law protections and suggests strategies …
Liberating Commercial Speech: Product Labeling Controls And The First Amendment, Lars Noah, Barbara A. Noah
Liberating Commercial Speech: Product Labeling Controls And The First Amendment, Lars Noah, Barbara A. Noah
Faculty Scholarship
As federal regulators impose increasing limits on what manufacturers may say about their products, constitutional protections for commercial speech become ever more important. Indeed, the United States Supreme Court's most recent First Amendment decisions suggest meaningful regard for the value of advertising and labeling as types of protected expression. At the same time, however, federal lawmakers are imposing ever more onerous restrictions on promotional activities and product labeling. The Authors discuss federal law relating to regulation of product labeling.
Rewriting Beginnings: The Lessons Of Gautreaux, 28 J. Marshall L. Rev. 57 (1994), Janet Koven Levit
Rewriting Beginnings: The Lessons Of Gautreaux, 28 J. Marshall L. Rev. 57 (1994), Janet Koven Levit
UIC Law Review
No abstract provided.
Federal Preemption Of Prescrption Drug Labeling: Antidote For Pharmaceutical Industry Overdosing On State Court Jury Decisions In Products Liability Cases, 22 J. Marshall L. Rev. 629 (1989), John F. Del Giorno
UIC Law Review
No abstract provided.
Privacy, Pornography, And The Supreme Court, 21 J. Marshall L. Rev. 755 (1988), Richard F. Hixson
Privacy, Pornography, And The Supreme Court, 21 J. Marshall L. Rev. 755 (1988), Richard F. Hixson
UIC Law Review
No abstract provided.
Brief For Petitioner, 21 J. Marshall L. Rev. 955 (1988), L. Lee Byrd, Yvonne T. Griffin, G. Rodney Young
Brief For Petitioner, 21 J. Marshall L. Rev. 955 (1988), L. Lee Byrd, Yvonne T. Griffin, G. Rodney Young
UIC Law Review
No abstract provided.
Brief For Respondent, 21 J. Marshall L. Rev. 983 (1988), Matthew W. Nakon, Laura J. Steffe, Steven R. Yoo
Brief For Respondent, 21 J. Marshall L. Rev. 983 (1988), Matthew W. Nakon, Laura J. Steffe, Steven R. Yoo
UIC Law Review
No abstract provided.
Foreword, David Rudenstine
The Bork Nomination, Ronald M. Dworkin
Bork: The Transformation Of A Conservative Constitutionalist, Philip B. Kurland
Bork: The Transformation Of A Conservative Constitutionalist, Philip B. Kurland
Cardozo Law Review
No abstract provided.
Consumer Product Safety: Preemption, The Commerce Clause And State Regulatory Authority, James L. Winokur, Jennifer Robbins
Consumer Product Safety: Preemption, The Commerce Clause And State Regulatory Authority, James L. Winokur, Jennifer Robbins
Villanova Law Review (1956 - )
No abstract provided.
Computerized Medical Records And The Right To Privacy: The Emerging Federal Response, Barry B. Boyer
Computerized Medical Records And The Right To Privacy: The Emerging Federal Response, Barry B. Boyer
Buffalo Law Review
No abstract provided.
The Right To A Hearing Prior To Termination Of Utility Services, Anthony Ilardi Jr.
The Right To A Hearing Prior To Termination Of Utility Services, Anthony Ilardi Jr.
Buffalo Law Review
No abstract provided.
Treatment Of Debtors, O. John Rogge
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Antitrust--Treble Damage Actions--Private Litigant Whose Injury Was Reasonably Foreseeable Has Standing To Sue
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Constitutional Law--Free Exercise of Religion--First Amendment Violated by Compulsory Education Statute that Prevents a Parent from Raising His Children According to His Religious Beliefs
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Constitutional Law--Immunity Statutes-Section 201 of Organized Crime Control Act of 1970, Which Provides Only Use and Fruits Immunity, Violates Fifth Amendment
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Constitutional Law-Search and Seizure--AFDC Caseworker's Visit to Home of Nonconsenting Welfare Recipient Not Prohibited by Fourth Amendment
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Consumer Protection Law-Standing -United States Has Standing To Seek Injunction Against Practice of Obtaining Default Judgments Through False Affidavits Certifying Service …