Consumer Protection Law Commons^™

When Is Property Intellectual: The Leveraging Problem Essays, Mark R. Patterson

Faculty Scholarship

Patents and copyrights protect inventions and expression; they do not protect products. This distinction, I argue in this essay, is a key to the antitrust problem of the "leveraging" of intellectual property. In a typical leveraging case, the manufacturer of a durable good, like a copier or computer, refuses to sell replacement parts for its equipment unless the purchaser also hires the manufacturer to service the equipment. Such a practice can be illegal under antitrust law, but when the leveraging products-in this example, replacement parts-are protected by patent or copyright, the manufacturer will often claim that the leveraging is a …

Endangering Individual Autonomy In Choice Of Lawyers And Trustees–Misconceived Conflict Of Interest Claims In The Kamehameha Schools Bishop Estate Litigation, James R. Mccall

Faculty Scholarship

No abstract provided.

Comment On Professor Roth's Reply, James R. Mccall

Faculty Scholarship

No abstract provided.

A Basic Concern For Process: Commentary On Quo Vadis, Prospective Overruling, James R. Mccall

Faculty Scholarship

No abstract provided.

Minnesota V. Philip Morris, Inc.: An Important Legal Ethics Message Which Neglects The Public Interest In Product Safety Research, James R. Mccall, Edward J. Imwinkelried

Faculty Scholarship

No abstract provided.

Private Enforcement Of Predatory Price Laws Under The California Unlawful Practices Act And The Federal Antitrust Acts, James R. Mccall

Faculty Scholarship

No abstract provided.

"Weightier Than A Mountain": Duty, Hierarchy, And The Consumer In Japan, Anita Bernstein, Paul Fleming

Faculty Scholarship

No abstract provided.

How Can A Product Be Liable?, Anita Bernstein

Faculty Scholarship

No abstract provided.

Is Unlimited Liability Really Unattainable: Of Long Arms And Short Sales, Mark R. Patterson

Faculty Scholarship

Unlimited shareholder liability would radically change the way we look at corporations. In an unlimited-liability world, one part at least of the veil between corporation and shareholder would no longer exist. As a result, the relationship between corporation and shareholder would be, both in law and in fact,much closer than it is currently. The two parts of this change-the legal and the factual-would reinforce each other. The legal change would be reflected in court decisions enforcing unlimited liability Regardless of the exact contours that decisions in this area took initially, there would be at least some shareholders-mutual funds, for example--whom …

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.

Is The Shingle Theory Dead?, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Greater Representation For California Consumers–Fluid Recovery, Consumer Trust Funds, And Representative Actions, James R. Mccall, Patricia Sturdevant, Laura Kaplan, Gail Hillebrand

Faculty Scholarship

No abstract provided.

Product Definition, Product Information, And Market Power: Kodak In Perspective, Mark R. Patterson

Faculty Scholarship

In Eastman Kodak Co. v. Image Technical Services, Inc., product information, market costs, market information the United States Supreme Court held that market power sufficient to impose an illegal tying arrangement can, at least in theory, derive from buyers' uncertainty regarding a product's costs and quality. Although commentators disagree on the implications of the Kodak decision, all seem to agree that the opinion's emphasis on product information costs is a departure from previously accepted economic analysis of antitrust law. In this Article, Mark R. Patterson argues that the Kodak decision is, in fact, economically reasonable, incorporating into antitrust law previously …

A Model Of Products Liability Reform, Anita Bernstein

Faculty Scholarship

No abstract provided.

Consumer Protection Laws In Bulgaria, James R. Mccall, Lonel M. Allen, Vincent Brannigan, Janet Crosson

Faculty Scholarship

No abstract provided.

Closing The American Products Liability Frontier: The Rejection Of Liability Without Defect, Aaron Twerski, J. A. Henderson

Faculty Scholarship

No abstract provided.

A Duty To Warn: One American View Of The Ec Products Liability Directive, Anita Bernstein

Faculty Scholarship

No abstract provided.

Suretyship Principles In The New Articles 3: Clarifications And Substantive Changes, Neil B. Cohen

Faculty Scholarship

No abstract provided.

What Can Be Done About Stock Market Volatility, Tamar Frankel

Faculty Scholarship

Volatility is as old as the financial markets. The bull market of 1986 and the crash that followed in 1987 were but the latest of periodic market gyrations that started with the South Sea Bubble and the Lombard Street run on commercial paper and have continued ever since.' Volatility in the financial markets would not be very important if market activity simply mirrored economic activity. Volatility would be much less important if the markets moved independently of the economy. But if we believe, as I do, that the markets and the economy are interdependent, and that their volatility is generally …

Risk Communication Law And Implementation Issues In The United States And European Community, Michael S. Baram

Faculty Scholarship

Risk communication has become an important element of public policy in the United States and the European Community (E.C.) for reducing technological risks to workers, product users and community residents. The risk communication process involves disclosure by an industrial firm (or other party) of information about the hazardous attributes of its activity or product to a regulatory agency or to persons who may be at risk, thereby facilitating a shared understanding of the risk and enabling interpretation of various risk prevention and response measures.

There are two general patterns of risk communication. One involves industrial disclosure to a government agency, …

Securities Law Fifth Circuit Symposium, Steve Thel

Faculty Scholarship

The Fifth Circuit decided some important securities cases during the survey period and issued some interesting opinions. Although the court consistently claimed a conservative reliance on precedent and seldom acknowledged making new law, it interpreted some well-established doctrine in surprising ways. The past year's opinions in fraud cases provide guidance in the related areas of reliance, damages, and plaintiff's due diligence. The year also witnessed important developments in the law governing the relationship between brokerage firms and their clients. The most spectacular development in this area during the survey year was the October collapse in security prices. In light of …

Consumer Complaints And The Ontario Business Practices Act: An Empirical Study, Neil Vidmar, Joseph Samuels

Faculty Scholarship

No abstract provided.

Overprotecting The Consumer? Section 2-607(3)(A) Notice Of Breach In Nonprivity Contexts, H.G. Prince

Faculty Scholarship

No abstract provided.

Charting The Future Course For Corporate Management Of Health Risks, Michael S. Baram

Faculty Scholarship

Corporations engage in technological activities of benefit to society, but thereby also create new health risks for workers, consumers, and communities. Government regulatory agencies deal with this chronic problem by conducting risk analyses and imposing various duties on private firms. Despite agency efforts and corporate compliance, health risks continue to arise and take their toll. To what extent will private firms voluntarily assume greater responsibility for preventing these health risks? This question is of increasing social importance, because the limitations of regulatory efforts are now obvious, whereas health risks are now being identified at what appears to be an increasing …

In Defense Of Process, Aaron Twerski, Alvin S. Weinstein, William A. Donaher, Henry R. Piehler

Faculty Scholarship

No abstract provided.

Meeting The Equal Credit Opportunity Act's Specificity Requirement: Judgmental And Statistical Scoring Systems, Winnie F. Taylor

Faculty Scholarship

No abstract provided.

A Critique Of The Uniform Product Liability Law -- A Rush To Judgment, Aaron Twerski, A. S. Weinstein

Faculty Scholarship

No abstract provided.

The Use And Abuse Of Comparative Negligence In Products Liability, Aaron Twerski

Faculty Scholarship

No abstract provided.

The Use And Abuse Of Warnings In Products Liability -- Design Defect Litigation Comes Of Age, Aaron Twerski, A. S. Weinstein, W. A. Donaher, H. R. Piehler

Faculty Scholarship

No abstract provided.

Attorney's Responsibilities: Adversaries At The Bar Of The Sec, Roberta S. Karmel, Joseph C. Daley

Faculty Scholarship

No abstract provided.