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Articles 1 - 30 of 61
Full-Text Articles in Consumer Protection Law
A Survey Of The Utilization Of The U.S. Consumer Product Safety Commission's Guidelines For Playgrounds In Tennessee, Michael Alsup
A Survey Of The Utilization Of The U.S. Consumer Product Safety Commission's Guidelines For Playgrounds In Tennessee, Michael Alsup
Masters Theses & Specialist Projects
The U.S. Consumer Product Safety Commission's A Handbook For Public Playground Safety was published in 1981 in response to a petition to develop a mandatory set of safety standards. The National Recreation and Park Association and the National Bureau of Standards were selected to work on the project. As the study developed, the Commission realized that a set of standards was needed instead of mandatory requirements.
Because there has not been any improvement in injury statistics nation-wide to date, the purpose of this study was to determine the degree of utilization of the guidelines in Tennessee. This was seen as …
Department Of Consumer Affairs, M. Walker
Department Of Consumer Affairs, M. Walker
California Regulatory Law Reporter
No abstract provided.
Process Norms In Products Litigation: Liability For Allergic Reactions, James A. Henderson Jr.
Process Norms In Products Litigation: Liability For Allergic Reactions, James A. Henderson Jr.
Cornell Law Faculty Publications
No abstract provided.
Department Of Consumer Affairs, M. Colwell
Department Of Consumer Affairs, M. Colwell
California Regulatory Law Reporter
No abstract provided.
Doctrinal Collapse In Products Liability: The Empty Shell Of Failure To Warn, James A. Henderson Jr., Aaron Twerski
Doctrinal Collapse In Products Liability: The Empty Shell Of Failure To Warn, James A. Henderson Jr., Aaron Twerski
Cornell Law Faculty Publications
Liability for a manufacturer's failure to warn of product-related risks is a well-established feature of modern products liability law. Yet many serious doctrinal and conceptual problems underlie these claims. Professors Henderson and Twerski explore these problems and argue that failure-to-warn jurisprudence is confused, perhaps irreparably, and that this confusion often results in the imposition of excessive liability on manufacturers. The authors begin by exposing basic errors resulting from courts' confusion over whether to apply a strict liability or a negligence standard of care in failure-to-warn cases. Having determined that negligence is the appropriate standard, they then examine more substantial and …
The Efficient Consumer Form Contract: Law And Economics Meet The Real World, Michael I. Meyerson
The Efficient Consumer Form Contract: Law And Economics Meet The Real World, Michael I. Meyerson
All Faculty Scholarship
"Law and economics" has been hailed by its supporters as the only intellectually valid means for analyzing legal issues. Its critics have dismissed law and economics as amoral and biased against the poor. Ironically, each side in this frequently acrimonious debate has much to offer those in the opposing camp. This Article reflects a modest attempt to bridge the chasm.
One need not believe that money is everything in order to believe that the effect a given legal rule has on total societal wealth is relevant in decisionmaking. But this admission does not consign one to a legal world where …
Wading Through The Muddle Of Risk-Utility Analysis, W. Kip Viscusi
Wading Through The Muddle Of Risk-Utility Analysis, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
The original emphasis of risk-utility analysis on the need for balanced decisions with respect to product liability is a correct and fundamental principle. Moreover, many traditional factors that have been considered are legitimate, but they did not provide a framework for comprehensive and consistent risk-utility judgments. The development in this Article of a series of economic formulations of the risk-utility test is intended to establish a sounder basis for a products liability defect doctrine.
Developments In Trademark And Unfair Competition Law: In The Courts, The Patent And Trademark Office And Before The Trademark And Appeal Board, 24 J. Marshall L. Rev. 1 (1990), Raymond I. Geraldson Jr., Mark V.B. Partridge, Joseph N. Welch
Developments In Trademark And Unfair Competition Law: In The Courts, The Patent And Trademark Office And Before The Trademark And Appeal Board, 24 J. Marshall L. Rev. 1 (1990), Raymond I. Geraldson Jr., Mark V.B. Partridge, Joseph N. Welch
UIC Law Review
No abstract provided.
Advertisements Falsely Alleging "Permanent Hair Removal" Violated The Federal Trade Commission Act, Cathleen R. Martwick
Advertisements Falsely Alleging "Permanent Hair Removal" Violated The Federal Trade Commission Act, Cathleen R. Martwick
Loyola Consumer Law Review
No abstract provided.
Manufacturer Of Board Game Not Liable For Suicide Of Player, Elizabeth Barnes
Manufacturer Of Board Game Not Liable For Suicide Of Player, Elizabeth Barnes
Loyola Consumer Law Review
No abstract provided.
National Traffic And Motor Vehicle Safety Act Partially Preempts Defective Design Claim, Linda J. Urbanik
National Traffic And Motor Vehicle Safety Act Partially Preempts Defective Design Claim, Linda J. Urbanik
Loyola Consumer Law Review
No abstract provided.
Debtor Entitled To Rescind Consumer Credit Transaction For Creditor's Failure To Disclose Debtor's Right To Choose Insurance Carrier, Suzi Guemmer
Loyola Consumer Law Review
No abstract provided.
Connecticut Consumers Protected Against Deceptively Advertised Manufacturer's Rebates, Timothy Brandhorst
Connecticut Consumers Protected Against Deceptively Advertised Manufacturer's Rebates, Timothy Brandhorst
Loyola Consumer Law Review
No abstract provided.
Ninth Circuit Finds That The Limited Partners In A Land Development Project May Sue For Securities Fraud, But The General Partner May Not, Sean J. Hardy
Loyola Consumer Law Review
No abstract provided.
Mandatory Inclusion Of Commercial Leases In A Cooperative Conversion Of Rent Stabilized Apartments Did Not Violate The Sherman Act, Tayebe G. Shah-Mirany
Mandatory Inclusion Of Commercial Leases In A Cooperative Conversion Of Rent Stabilized Apartments Did Not Violate The Sherman Act, Tayebe G. Shah-Mirany
Loyola Consumer Law Review
No abstract provided.
Eliminating Abusive Collection Practices By Third Parties Under The Federal Fair Debt Collection Practices Act, Joseph J. Morford
Eliminating Abusive Collection Practices By Third Parties Under The Federal Fair Debt Collection Practices Act, Joseph J. Morford
Loyola Consumer Law Review
No abstract provided.
The North Carolina Motor Vehicle Safety And Financial Responsibility Act Allows An Insured Party To Aggregate Separate Underinsured Motorist Insurance Coverages, Mark G. Sheridan
The North Carolina Motor Vehicle Safety And Financial Responsibility Act Allows An Insured Party To Aggregate Separate Underinsured Motorist Insurance Coverages, Mark G. Sheridan
Loyola Consumer Law Review
No abstract provided.
Illinois Should Explicitly Adopt The Per Se Rule For Consumer Fraud Act Violations, James O. Latturner
Illinois Should Explicitly Adopt The Per Se Rule For Consumer Fraud Act Violations, James O. Latturner
Loyola Consumer Law Review
No abstract provided.
New York Lemon Law's Minimum New Vehicle Warranty Protection Does Not Violate The Commerce Clause, Marianne L. Simonini
New York Lemon Law's Minimum New Vehicle Warranty Protection Does Not Violate The Commerce Clause, Marianne L. Simonini
Loyola Consumer Law Review
No abstract provided.
Tampons And Sanitary Napkins Are Medical Appliances Exempt From Chicago Sales Tax, Michael I. Leonard
Tampons And Sanitary Napkins Are Medical Appliances Exempt From Chicago Sales Tax, Michael I. Leonard
Loyola Consumer Law Review
No abstract provided.
Illinois Consumer Insurance Board - An Unnecessary Bureaucracy, Terri C. Malenfant, Lenore S. Marema
Illinois Consumer Insurance Board - An Unnecessary Bureaucracy, Terri C. Malenfant, Lenore S. Marema
Loyola Consumer Law Review
No abstract provided.
Federal Trade Commission Consent Order Does Not Preempt New York Lemon Law, Sean J. Hardy
Federal Trade Commission Consent Order Does Not Preempt New York Lemon Law, Sean J. Hardy
Loyola Consumer Law Review
No abstract provided.
Florida Supreme Courts Limits Defenses Available To Banks In Refusing To Honor Their Cashier's Checks, Laura L. Giorgolo
Florida Supreme Courts Limits Defenses Available To Banks In Refusing To Honor Their Cashier's Checks, Laura L. Giorgolo
Loyola Consumer Law Review
No abstract provided.
The Supreme Court Of Washington Rejects Claims Of Patent Who Contracted Aids Through Blood Transfusion, Joseph J. Morford
The Supreme Court Of Washington Rejects Claims Of Patent Who Contracted Aids Through Blood Transfusion, Joseph J. Morford
Loyola Consumer Law Review
No abstract provided.
Individual Negotiation Of Warranty Disclaimers: An Economic Analysis Of An Assumedly Market Enhancing Rule, Thomas J. Holdych, George Ferrell
Individual Negotiation Of Warranty Disclaimers: An Economic Analysis Of An Assumedly Market Enhancing Rule, Thomas J. Holdych, George Ferrell
Seattle University Law Review
In this Article, we will examine the economic forces that shape the typical contract for the sale of goods to determine whether Berg's requirements of explicit negotiation and specific disclosure are justified, and if not, whether the Berg rules should be modified or abolished. In particular, we will examine how buyers and sellers determine the terms of the contracts they enter. Most importantly, we will consider the common assertion that consumers have no ability to bargain and therefore have no influence on what terms merchants and manufacturers include in their standard contracts. We will also consider whether merchants systematically …
Choice Of Law Clauses In Consumer Contracts: A Comparative Study Of American And E.E.C. Law, Jean-Marie Henckaerts
Choice Of Law Clauses In Consumer Contracts: A Comparative Study Of American And E.E.C. Law, Jean-Marie Henckaerts
LLM Theses and Essays
The selection of the law applicable to a certain relationship may seem to be the sole purpose of choice of law rules. However, it is questionable whether this choice should be made independent from the content of the various laws available. The selection of the most appropriate law cannot disregard the social, economic and political values that form the basis of substantive rules. In modern legal systems, social values such as consumer protection are recognized to a growing extent.
The present work explores the concept of choice of law – namely party autonomy with a focus on consumer contracts in …