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Articles 121 - 141 of 141
Full-Text Articles in Consumer Protection Law
Introduction To David Nimmer's Modest Proposal, Justin Hughes
Introduction To David Nimmer's Modest Proposal, Justin Hughes
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Opting Out Of Liability: The Forthcoming, Near-Total Demise Of The Modern Class Action, Myriam E. Gilles
Opting Out Of Liability: The Forthcoming, Near-Total Demise Of The Modern Class Action, Myriam E. Gilles
Articles
It is reasonable to expect that courts will demonstrate great solicitude for the recent innovation that I term "collective action waivers" - i.e., contractual provisions contained within arbitration agreements whereby consumers and others waive their rights to participate in any form of collective litigation or class arbitration. The history of mass tort class actions and the hegemonic expansion of pro-arbitration jurisprudence compel this conclusion. And, as the now-dominant economic model of contract law has moved the focus of courts from the value of consent to the value of efficiency, arbitration agreements found in all manner of shrink-wrap, scroll-text and bill-stuffer …
Literature As An Institution, Bernhard Schlink
Literature As An Institution, Bernhard Schlink
Cardozo Law Review
No abstract provided.
Not Playing Around: The Chilling Power Of The Federal Trademark Dilution Act Of 1995, Julie Zando-Dennis
Not Playing Around: The Chilling Power Of The Federal Trademark Dilution Act Of 1995, Julie Zando-Dennis
Cardozo Journal of Equal Rights & Social Justice
The Federal Trademark Dilution Act of 1995 (FTDA) has become a powerful tool for corporations to suppress criticism and parody, undermining free speech by allowing broad claims of trademark dilution without requiring proof of consumer confusion. The note argues that the FTDA’s provisions against dilution, including blurring and tarnishment, disproportionately favor corporate interests over First Amendment rights, particularly in cases involving parody and satire. Courts have inconsistently applied the law, with some circuits offering protections for parody while others prioritize trademark protection, creating uncertainty and chilling artistic and activist expression. The note advocates for reform to balance trademark rights with …
Title Blanding: How The Lanham Act Strips Artistic Expression From Song Titles, Lisa Tomiko Blackburn
Title Blanding: How The Lanham Act Strips Artistic Expression From Song Titles, Lisa Tomiko Blackburn
Cardozo Arts & Entertainment Law Journal
No abstract provided.
For-Bid Scalping Online?: Anti-Scalping Legislation In An Internet Society, Daniel Glantz
For-Bid Scalping Online?: Anti-Scalping Legislation In An Internet Society, Daniel Glantz
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Let The Market Do Its Job: Advocating An Integrated Laissez-Faire Approach To Online Profiling Regulation, Svetlana Milina
Let The Market Do Its Job: Advocating An Integrated Laissez-Faire Approach To Online Profiling Regulation, Svetlana Milina
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Harmful Remedies: Optimal Reformation Of Anticompetitive Contracts, Michal S. Gal
Harmful Remedies: Optimal Reformation Of Anticompetitive Contracts, Michal S. Gal
Cardozo Law Review
Current law and economics literature identifies two main types of errors courts can make in applying antitrust law. Courts may erroneously label conduct as anticompetitive even though competition is not harmed. Alternatively, courts may fail to identify, and thus fail to attack, anticompetitive conduct. This Article focuses on a third possible error - where a court correctly identifies anticompetitive conduct, but its mode of interference, i.e., its prescribed remedy, harms competition. It analyzes this error in the context of anticompetitive contract reformation. Such error occurs, for example, where a court has chosen one reformation option that is less efficient and …
Come And Knock On Our Door: The Fair Debt Collection Practices Act's Intrusion Into New York's Summary Proceedings Law, Kara B. Schissler
Come And Knock On Our Door: The Fair Debt Collection Practices Act's Intrusion Into New York's Summary Proceedings Law, Kara B. Schissler
Cardozo Law Review
No abstract provided.
Honey, I Shrink-Wrapped The Consumer: The Shrink-Wrap Agreement As An Adhesion Contract, Batya Goodman
Honey, I Shrink-Wrapped The Consumer: The Shrink-Wrap Agreement As An Adhesion Contract, Batya Goodman
Cardozo Law Review
No abstract provided.
Who Authors Trademarks?, Steven Wilf
Who Authors Trademarks?, Steven Wilf
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Consumer Protection, Globalization And Democracy, John Goldring
Consumer Protection, Globalization And Democracy, John Goldring
Cardozo Journal of International and Comparative Law
The article examines the challenges posed by globalization to consumer protection and the role of nation-states in regulating economic activities. It argues that while globalization offers benefits, it often undermines consumer protections by creating inequalities in information and economic power. The analysis highlights the tension between international trade agreements, which can limit national sovereignty, and the need for robust consumer protection laws. The article also explores the complexities of extraterritorial enforcement of laws and the role of nation-states in maintaining legal frameworks that balance consumer rights with business interests.
Revisiting The Anti-Takeover Fervor Of The '80s Through The Letters Of Warren Buffett: Current Acquisition Practice Is Clogged By Legal Flotsam From The Decade, Dale Arthur Oesterle
Revisiting The Anti-Takeover Fervor Of The '80s Through The Letters Of Warren Buffett: Current Acquisition Practice Is Clogged By Legal Flotsam From The Decade, Dale Arthur Oesterle
Cardozo Law Review
No abstract provided.
Cable Television: Proposals For Reregulation And The First Amendment, Stuart Robinowitz
Cable Television: Proposals For Reregulation And The First Amendment, Stuart Robinowitz
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Communications Policy-Making At The Fcc: Past Practices, Future Direction, Stuart N. Brotman
Communications Policy-Making At The Fcc: Past Practices, Future Direction, Stuart N. Brotman
Cardozo Arts & Entertainment Law Journal
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.
Introduction, Elliott J. Weiss
The Appropriate Role Of Security Interests In Consumer Transactions, William C. Whitford
The Appropriate Role Of Security Interests In Consumer Transactions, William C. Whitford
Cardozo Law Review
No abstract provided.
Cable Television Monopoly And The First Amendment, Jordan S. Stanzler
Cable Television Monopoly And The First Amendment, Jordan S. Stanzler
Cardozo Law Review
No abstract provided.