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Articles 31 - 41 of 41
Full-Text Articles in Consumer Protection Law
Rankings, Reductionism, And Responsibility , Frank Pasquale
Rankings, Reductionism, And Responsibility , Frank Pasquale
Cleveland State Law Review
After discussing how search engines operate in Part I below, and setting forth a normative basis for regulation of their results in Part II, this piece proposes (in Part III) some minor, non-intrusive legal remedies for those who claim that they are harmed by search engine results. Such harms include unwanted high-ranking results relating to them, or exclusion from a page they claim it is their “due” to appear on. In the first case (deemed “inclusion harm”), I propose a right not to suppress the results, but merely to add an asterisk to the hyperlink directing web users to them, …
Improvident Extension Of Credit As An Extension Of Unconscionability: Discover Bank V. Owens And A Debtor's Rights Against Credit Card Companies , Terri Rebecca Daniel
Improvident Extension Of Credit As An Extension Of Unconscionability: Discover Bank V. Owens And A Debtor's Rights Against Credit Card Companies , Terri Rebecca Daniel
Cleveland State Law Review
This Note will examine improvident extension of credit as an extension of unconscionability in consumer credit card lending. Part II of this Note will discuss the history and foundation of unconscionability. Part III will discuss the history and foundation of improvident extension of credit, as well as the many failed attempts to create a solution to the problem of improvident extension of credit in the United States. Part IV of this Note will analyze the current role of improvident lending in consumer credit and why no solution was reached in the 1970s. Part V will examine the increased need for …
What You Can't Have Won't Hurt You - The Real Safety Objective Of The Firearms Safety And Consumer Protection Act, Dennis B. Wilson
What You Can't Have Won't Hurt You - The Real Safety Objective Of The Firearms Safety And Consumer Protection Act, Dennis B. Wilson
Cleveland State Law Review
This article examines an aspect of the debate described above. It begins by describing the federal firearms safety regulation that does exist and explaining the reason that there is relatively little federal firearms safety regulation. It will then examine one legislative proposal to subject firearms to federal safety regulation, the Firearms Safety and Consumer Protection Act of 2003 (Firearms Safety Act) and compare it with the law that has been applied to seek to ensure the safety of other consumer products for over thirty years, the Consumer Product Safety Act (CPSA). That comparison will demonstrate that the genuine objective of …
Misconceptions And Misleading Information Prevail - Less Regulation Does Not Mean Less Danger To Consumers: Dangerous Herbal Weight Loss Products, Jennifer Sardina
Misconceptions And Misleading Information Prevail - Less Regulation Does Not Mean Less Danger To Consumers: Dangerous Herbal Weight Loss Products, Jennifer Sardina
Journal of Law and Health
This Note will examine the dangers associated with current dietary supplement regulation under the DSHEA and the problem of ill-informed consumers. As reflected in the title of this Note, misconceptions about dietary supplement regulation are abundant; consequently, section II of this Note will further discuss and offer illustrations in support of this position. Part III gives an overview of current regulation under the Dietary Supplement Health and Education Act of 1994. Also a brief discussion of the legislation that preceded the DSHEA is offered in section VI. Part V of this Note analyzes and defines the dietary ingredients that are …
Consumer-Directed Prescription Drug Advertising: Effects On Public Health , William E. Holtz
Consumer-Directed Prescription Drug Advertising: Effects On Public Health , William E. Holtz
Journal of Law and Health
This Paper will evaluate the effectiveness of the current FDA regulatory scheme regarding consumer-directed prescription drug advertising. Part II discusses the relevant history of consumer-directed prescription drug advertising of prescription drugs which is a relatively new practice in the United States. Possible explanations are reviewed for why the change in focus from physicians to consumers as the targets of such advertising has occurred. Part III explains the major classifications of consumer-directed advertising that the FDA has categorized and examines the differences existing among them. Part IV focuses on the current FDA regulatory scheme and begins to expose some of the …
Searching For The Holy Grail: The Human Genome Project And Its Implications , Allison Morse
Searching For The Holy Grail: The Human Genome Project And Its Implications , Allison Morse
Journal of Law and Health
This Paper will explore the ethical considerations of the reductionist paradigm that the Human Genome Project represents, and analyze how this paradigm affects our political institutions, our family relationships, and even our identity. Part Two will provide the scientific background for a discussion of the Human Genome Project. It will begin by defining two competing theoretical constructs scientists use when exploring biological phenomenon: reductionism and organism. This Part will then offer a rudimentary explanation of how genes function. Yet even this rudimentary explanation illustrates the complexity involved in the functioning of genes, leaving the reductionist notions of genes as the …
An Implied Cause Of Action Under The Real Estate Settlement Procedures Act, Chris Sagers
An Implied Cause Of Action Under The Real Estate Settlement Procedures Act, Chris Sagers
Law Faculty Articles and Essays
This Note contends that consumers should have a private damages action under section 10. Part I discusses the method federal courts currently employ to determine whether a private cause of action should be recognized under a given federal statute. Part II applies this standard to section 10, and it argues that, although the federal courts currently exhibit a fairly restrictive attitude toward implication of remedies, an action should be implied under section 10 because the Real Estate Settlement Procedures Act of 1974 (RESPA) was enacted at a time when Congress relied on a more permissive judicial implication doctrine. Finally, Part …
Garnishment - State Vs. Federal Procedures, Timothy M. Flanagan, Lawrence G. Smith
Garnishment - State Vs. Federal Procedures, Timothy M. Flanagan, Lawrence G. Smith
Cleveland State Law Review
Garnishment, a field once limited only by state or local regulation, has recently undergone a series of much-needed but somewhat questionable changes. These changes are not limited to one state alone, but encompass the entire nation. On July 1, 1970, when Title III of the Consumer Credit Protection Act became effective, this field of law came under the coverage of federal restrictions. In attempting to bring the existing Ohio statutes on garnishment into line with the federal restrictions, the Ohio Legislature passed a series of amendments which became effective on September 16, 1970.
Merchandising Through Use Of Lotteries, Robert V. Bullock
Merchandising Through Use Of Lotteries, Robert V. Bullock
Cleveland State Law Review
It has been almost universally held that there must be three elements present for a promotion to constitute a lottery. These elements are consideration, chance, and prize. The absence of any one of these elements is fatal to identifying the transaction as a lottery.Promoters are continually modifying and shading each of these three elements, however, so that the courts and government officials must constantly reappraise their positions to protect both the public and legitimate business.
Group Fraud: Fault Or Duty, William J. Moore
Group Fraud: Fault Or Duty, William J. Moore
Cleveland State Law Review
Recently, the legal bastion of "fairness" and "fault" in fraud and decit cases has been assaulted by courts, administrative agencies, and legal scholars. The walls are still standing, but here and there cracks have begun to appear and the words status and duty are no longer obscene in the field of seller's liability for false and misleading representations. A thorough study would require an analysis of all the environmental factors in a group-institutionalized society and also the interests the courts are protecting. Thispaper will touch on judicial protection of the consumer's interest in physical integrity, and the protection of consumer …
Viewpoint Of The Consumer, Catherine H. Hotes
Viewpoint Of The Consumer, Catherine H. Hotes
Cleveland State Law Review
When Adam Smith described his self-regulating economy in the 1770's, he assumed that its motive power would be provided by the interplay of mutual demands and concessions between economic entities, and that such interplay would result in a balance of power. Since that time, the growth of huge corporations that employ modern technology, complex manufacturing processes, mass production, and mass advertising, into "clusters of private collectivisms" has substantially upset any such supposed balance of power.