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Articles 91 - 120 of 141
Full-Text Articles in Consumer Protection Law
Depicting The Graphic Truth: The Heated Controversy Over Cigarette Warning Labels And The Boundaries Of First Amendment Protection, Brian Fedele
Cardozo Public Law, Policy & Ethics Journal
No abstract provided.
Chaperoning Love Online: Online Dating Liability And The Wavering Application Of Cda § 230, Lindsey A. Datte
Chaperoning Love Online: Online Dating Liability And The Wavering Application Of Cda § 230, Lindsey A. Datte
Cardozo Journal of Equal Rights & Social Justice
The note argues that the online dating industry's voluntary adoption of screening initiatives, while well-intentioned, is legally misguided. Such practices may expose platforms to increased liability and undermine the protections afforded by the Communications Decency Act (CDA) 230, which shields interactive computer services from liability for third-party content. The analysis contends that these efforts to self-regulate, though driven by legislative and societal pressure, may inadvertently erode the industry's immunity under CDA 230 and create new legal vulnerabilities.
Moment Of Clarity: A Centrist Approach To Mortgage Lending, Yusuf Yusuf
Moment Of Clarity: A Centrist Approach To Mortgage Lending, Yusuf Yusuf
Cardozo Public Law, Policy & Ethics Journal
No abstract provided.
Regulating Health And Wealth, Alena Allen
Regulating Health And Wealth, Alena Allen
Cardozo Law Review
The SEC and FDA are two of the nation's most prominent agencies, and both are charged with protecting the public. The agencies are children of tragedy and share similar creation stories. These kindred agencies are both burdened with daunting missions and myriad challenges in executing them. Both balance protecting an unsophisticated vulgus from uncertain risk against over-regulation of sophisticated intermediaries. Yet, they have charted very different paths in trying to accomplish their missions. From the beginning, the SEC eschewed merit-regulation in favor of disclosure. In contrast, the FDA, in its quest to protect us from unsafe and ineffective drugs, grew …
Health Exchange Federalism: Striking The Balance Between State Flexibility And Consumer Protection In Aca Implementation, Sam Solomon
Cardozo Law Review
No abstract provided.
The Constitutionality Of Consumer Privacy Regulation, Felix T. Wu
The Constitutionality Of Consumer Privacy Regulation, Felix T. Wu
Articles
The article argues for enhanced consumer privacy protections through improved notices and restrictions on data sharing, while addressing potential First Amendment concerns by emphasizing the commercial nature of the entities involved. It suggests that regulating commercial data practices differs from restricting individual free speech and should not face the same legal hurdles.
Ensuring Remedies To Cure Cramming, Amy J. Schmitz
Ensuring Remedies To Cure Cramming, Amy J. Schmitz
Cardozo Journal of Conflict Resolution
On July 23, 2012, the Federal Trade Commission ("FTC") called wireless telephone bill cramming "a significant consumer problem," and both the FTC and Federal Communications Commission ("FCC") have been delving into the morass of concerns regarding cramming with respect to landline (or wired) telephone billing. "Cramming" occurs when a third party unaffiliated with a customer's telephone company adds charges to the telephone bills that the company sends to the customer. These charges can be for anything from horoscopes to long-distance telephone services.
Information Overload: Why Omnipresent Technology And The Rise Of Big Data Shouldn’T Spell The End For Privacy As We Know It, Devin W. Ness
Information Overload: Why Omnipresent Technology And The Rise Of Big Data Shouldn’T Spell The End For Privacy As We Know It, Devin W. Ness
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Front-Of-Package Nutrition Claims: Trustworthy Facts Or Deceptive Marketing? Closing The Loopholes In Labeling, Kathryn E. Hayes
Front-Of-Package Nutrition Claims: Trustworthy Facts Or Deceptive Marketing? Closing The Loopholes In Labeling, Kathryn E. Hayes
Cardozo Journal of Equal Rights & Social Justice
The note argues that front-of-package (FOP) labeling on children's food products is insufficient and often misleading, failing to meet basic nutritional standards. It advocates for the adoption of uniform, science-based labeling standards developed by an objective body like the Institute of Medicine (IOM) to help parents make healthier choices. The analysis highlights the limitations of self-regulation by manufacturers and the need for stronger governmental oversight to address deceptive practices and improve public health outcomes.
A Deference To Protocol: Fashioning A Three-Dimensional Public Policy Framework For The Internet Age, Richard S. Whitt
A Deference To Protocol: Fashioning A Three-Dimensional Public Policy Framework For The Internet Age, Richard S. Whitt
Cardozo Arts & Entertainment Law Journal
This Article discusses how public policy grounded in the Internet's architecture can best ensure that the Net fully enables tangible benefits such as innovation, economic growth, free expression, and user empowerment. In particular, recognizing that the Internet is rapidly becoming society's chief operating system, this Article shows how an overarching public policy framework should be faithful to the multifaceted nature of the online world. As part of such a framework, this Article will explore one key aspect of the Internet: the "logical" Middle Layers functions, its inner workings derived from open software protocols and inclusive, decentralized processes. Adhering to the …
Caught In A Bind: Reassuring Judicial Authority To Bind Non-Party Search Engines Under Rule 65 In Counterfeit Goods Cases, Courtney Brown
Caught In A Bind: Reassuring Judicial Authority To Bind Non-Party Search Engines Under Rule 65 In Counterfeit Goods Cases, Courtney Brown
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Alternative Litigation Finance And The Usury Challenge: A Multi-Factor Approach, Sheri P. Adler
Alternative Litigation Finance And The Usury Challenge: A Multi-Factor Approach, Sheri P. Adler
Cardozo Law Review
No abstract provided.
Read Between The Lines: Why Recent Ilsa Litigation Is Bad For Business And Contravenes Congressional Intent, Joseph Einav
Read Between The Lines: Why Recent Ilsa Litigation Is Bad For Business And Contravenes Congressional Intent, Joseph Einav
Cardozo Law Review
No abstract provided.
After Class: Aggregate Litigation In The Wake Of At&T Mobility V Concepcion, Myriam E. Gilles, Gary Friedman
After Class: Aggregate Litigation In The Wake Of At&T; Mobility V Concepcion, Myriam E. Gilles, Gary Friedman
Articles
Class actions are on the ropes. Courts in recent years have ramped up the standards governing the certification of damages classes and created new standing requirements for consumer class actions. Most recently, in Wal-Mart v Dukes, the Supreme Court articulated a new and highly restrictive interpretation of the commonality requirement of Rule 23(a). But all of this pales in comparison to the Court's April 2011 decision in AT&T Mobility v Concepcion, broadly validating arbitration provisions containing class action waivers. The precise reach of Concepcion warrants close scrutiny. Our analysis suggests that following Concepcion, some plaintiffs will be able to successfully …
Childhood Obesity: Balancing The Nation's Interest With A Parent's Constitutional Right To Privacy, Denise Cohen
Childhood Obesity: Balancing The Nation's Interest With A Parent's Constitutional Right To Privacy, Denise Cohen
Cardozo Public Law, Policy & Ethics Journal
The note argues that governmental intervention into parental rights regarding childhood obesity is constitutionally justifiable under strict scrutiny, as it serves the compelling interests of both the child's well-being and societal welfare. While the constitutional right to privacy in parenting is fundamental, it is not absolute, and the growing public health crisis of childhood obesity necessitates narrowly tailored measures to hold parents accountable. The analysis proposes that existing legal frameworks, such as neglect statutes, can be effectively applied to address severe cases of childhood obesity, balancing individual rights with public health needs.
Cars In Chapter 13: Does Negative Equity Destroy The Jurisdiction Of The Hanging Paragraph, David G. Carlson
Cars In Chapter 13: Does Negative Equity Destroy The Jurisdiction Of The Hanging Paragraph, David G. Carlson
Articles
Roughly speaking, the “hanging paragraph” to Bankruptcy Code 1325(a), enacted in 2005, requires that a debtor pay the full debt on any automobile acquired within 910 days before bankruptcy – a boon for car financiers. Prior to 2005 the debtor had to pay only the appraised value of the car – usually a lesser amount. But the privilege bestowed on car financiers by the hanging paragraph depends on the financier providing “purchase money” credit. About one-third of the time, however, the financier advances funds to repay a prior car loan as part of the “trade-in” of an old vehicle for …
Graduated Response By Industry Compact: Piercing The Black Box, Mary Lafrance
Graduated Response By Industry Compact: Piercing The Black Box, Mary Lafrance
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Internet Advertising After Sorrell V. Ims Health: A Discussion On Data Privacy & The First Amendment, Agatha M. Cole
Internet Advertising After Sorrell V. Ims Health: A Discussion On Data Privacy & The First Amendment, Agatha M. Cole
Cardozo Arts & Entertainment Law Journal
No abstract provided.
State Attorneys General's Use Of Concurrent Public Enforcement Authority In Federal Consumer Protection Laws, Amy Widman, Prentiss Cox
State Attorneys General's Use Of Concurrent Public Enforcement Authority In Federal Consumer Protection Laws, Amy Widman, Prentiss Cox
Cardozo Law Review
Recent scholarly and legislative interest in state enforcement of federal law has led to the need for an empirical understanding of how and when these enforcement powers are used. This Article reports on an examination of the use by state attorneys general of sixteen federal consumer protection laws that expressly allow for state enforcement. The data are sorted and analyzed by both single state actions and multistate actions over time, and by the involvement of federal agencies in the state cases. The data reveal a measured use of such powers by state attorneys general and robust state and federal cooperation …
The Demise Of Class Actions Will Not Be Televised, Benjamin Sachs-Michaels
The Demise Of Class Actions Will Not Be Televised, Benjamin Sachs-Michaels
Cardozo Journal of Conflict Resolution
As evidenced by two recent Cardozo Journal of Conflict Resolution articles, class action waivers in arbitration clauses are currently a hot topic in the field of conflict resolution. With increasing frequency, arbitrators and courts are presented with class action waivers in compulsory arbitration agreements prohibiting the aggregation of claims. This Note argues that some courts have reversed course in their treatment of class action waivers contained in arbitration clauses. There is a new movement to find class waivers, and the arbitration clauses that harbor them, unenforceable. This Note further argues that while plaintiffs uniformly oppose class action waivers, defendants widely …
"Tour De Farce!" Misblurb Marketing In Film And Publishing, Matthew Tynan
"Tour De Farce!" Misblurb Marketing In Film And Publishing, Matthew Tynan
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Accessing Truth: Marketplaces Of Ideas In The Information Age, Nima Darouian
Accessing Truth: Marketplaces Of Ideas In The Information Age, Nima Darouian
Cardozo Public Law, Policy & Ethics Journal
The article argues that the Internet comprises numerous distinct virtual marketplaces, each with unique regulatory frameworks and dynamics, which are essential for the dissemination of information and public welfare. Current legal doctrines, such as those in the Uniform Commercial Code (UCC), the Uniform Computer Information Transactions Act (UCITA), and the Principles of the Law of Software Contracts (PLSC), are insufficient to protect the public interest in these virtual marketplaces. The article proposes that courts adopt the Reichman-Franklin standard, which requires mass-market contracts and non-negotiable access agreements to be fair, reasonable, and aligned with the public interest in education, science, research, …
Class Dismissed: Contemporary Judicial Hostility To Small-Claims Consumer Class Actions, Myriam E. Gilles
Class Dismissed: Contemporary Judicial Hostility To Small-Claims Consumer Class Actions, Myriam E. Gilles
Articles
I start from the view that small-value consumer claims are a primary reason that class actions exist, and that without class actions many - if not most - of the wrongs perpetrated upon small-claims consumers would not be capable of redress. It would then seem to follow that the class action device should be readily available in small-claims consumer cases. And yet, over the past decade, federal district courts have repeatedly declined to certify class actions on grounds that are specific to small-claims consumer cases. Foremost among those grounds is the notion that the federal class action rule carries within …
Trademarks As A Media For False Advertising, J. Shahar Dillbary
Trademarks As A Media For False Advertising, J. Shahar Dillbary
Cardozo Law Review
This Article explores an unnoticed aspect of trademark law which in some instances may constitute a license to cheat. It shows that under certain circumstances a seller can use its own trademark to mislead its customers, free from legal sanction, in contexts where the same behavior would be sanctioned if the seller used other advertising media. The Article then explores how an alternate conception of the economic function of trademarks can be used to understand the informational value of trademarks and their advertising function. After identifying circumstances appropriate for legal intervention, the Article concludes with a proposal for a new …
Terms Subject To Change: Assent And Unconscionability In Contracts That Contemplate Amendment, Daniel Watkins
Terms Subject To Change: Assent And Unconscionability In Contracts That Contemplate Amendment, Daniel Watkins
Cardozo Law Review
No abstract provided.
Acknowledgements, Michel Rosenfeld
Alternative Dispute Resolution In Small Consensual Litigation: Too Much Of A Good Thing?, Mark S. Simms
Alternative Dispute Resolution In Small Consensual Litigation: Too Much Of A Good Thing?, Mark S. Simms
Cardozo Journal of Conflict Resolution
The evolution of equity in tort has brought about the use of alternative methods of dispute resolution in reaching settlements in mass tort cases: "Indeed, equity is a progressive force in the law. When formal adjudication cannot provide a plain, adequate, and complete remedy, the system of ADR should be flexible enough to deliver individualized justice." It appears, however, that the use of ADR is not always a prudent exercise of the court's power, nor is it always conducive to individual justice. This Note examines the Gray case, in which the court appointed a special master, thereby assigning one man …
True Or False: The Expanding "False By Necessary Implication" Doctrine In Lanham Act False Advertising, And How A Revitalized Puffery Defense Can Solve This Problem, Sarah Samuelson
Cardozo Law Review
No abstract provided.
First Amendment Protection For False Commercial Speech By A Publisher Regarding The Truthfulness Of Its Publication: A Response To Litigation Arising Over James Frey's A Million Little Pieces, Jason Kessler
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Transcript Of Penny Beerntsen's Speech, Penny Beerntsen
Transcript Of Penny Beerntsen's Speech, Penny Beerntsen
Cardozo Public Law, Policy & Ethics Journal
The transcript recounts Penny Beernsten's harrowing experience of being assaulted and mistakenly identifying Steven Avery as her assailant, leading to his wrongful conviction and imprisonment for 18 years. The speech underscores the fallibility of eyewitness testimony and the devastating consequences of such errors in the criminal justice system. It highlights the importance of reforming eyewitness identification procedures and the role of DNA evidence in exonerating the wrongly convicted.