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Articles 1 - 30 of 73
Full-Text Articles in Consumer Protection Law
Closing The American Products Liability Frontier: The Rejection Of Liability Without Defect, Aaron Twerski, J. A. Henderson
Closing The American Products Liability Frontier: The Rejection Of Liability Without Defect, Aaron Twerski, J. A. Henderson
Faculty Scholarship
No abstract provided.
Stargazing: The Future Of American Products Liability Law, James A. Henderson Jr., Aaron Twerski
Stargazing: The Future Of American Products Liability Law, James A. Henderson Jr., Aaron Twerski
Cornell Law Faculty Publications
No abstract provided.
Closing The American Products Liability Frontier: The Rejection Of Liability Without Defect, James A. Henderson Jr., Aaron Twerski
Closing The American Products Liability Frontier: The Rejection Of Liability Without Defect, James A. Henderson Jr., Aaron Twerski
Cornell Law Faculty Publications
For over one hundred years American courts expanded the rights of plaintiffs in products liability cases. First the courts eliminated the privity requirement, next the necessity of proving fault, and finally, the necessity of proving a production defect. The next logical step in this progression would be to eliminate the need to show any type of defect at all. In this Article, Professors Henderson and Twerski assert that this step cannot and will not be taken. They explore both the possibility of across-the-board liability without defect and the more limited idea of product-category liability without defect. They describe how a …
Risk Perceptions In Regulation, Tort Liability, And The Market, W. Kip Viscusi
Risk Perceptions In Regulation, Tort Liability, And The Market, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
Risk regulations are generally based on a stylized view of the behavior of the individuals affected by the regulation. These behavioral assumptions establish the basis for regulation and also influence the character of the regulation that will be pursed. The mix of behavioral assumptions that provides the basis for policy is often inconsistent. In some cases policymakers assume that irrationality prevails if that assumption will promote government intervention. If, however, individual perception of the risk and response to it is required to make a policy effective, risk regulators do not recognize individuals' cognitive limitations. These stylized views of risk-taking behavior …
Department Of Consumer Affairs, D. Hicks
Department Of Consumer Affairs, D. Hicks
California Regulatory Law Reporter
No abstract provided.
Department Of Consumer Affairs, M. Walker
Department Of Consumer Affairs, M. Walker
California Regulatory Law Reporter
No abstract provided.
Defining "Green": Toward Regulation Of Environmental Marketing Claims, Roger D. Wynne
Defining "Green": Toward Regulation Of Environmental Marketing Claims, Roger D. Wynne
University of Michigan Journal of Law Reform
This Note joins a rising chorus calling for government regulation of green marketing claims. It attempts to encourage and add a sense of urgency to a burgeoning regulatory movement by highlighting some of the legal issues that such regulation entails. Part I identifies a gap in the law: the inability of current truth-in-advertising laws to clarify the legality of green marketing claims. Part II urges bridging that gap quickly; it examines the costs of continued nonregulation and describes some of the forms regulation is taking. Part III attempts to allay any fears that such regulations might be challenged on first …
Department Of Consumer Affairs, G. Bernardini
Department Of Consumer Affairs, G. Bernardini
California Regulatory Law Reporter
No abstract provided.
Regulation Vs. The Market: The Case Of Bicycle Safety (Part Ii), Ross D. Petty
Regulation Vs. The Market: The Case Of Bicycle Safety (Part Ii), Ross D. Petty
RISK: Health, Safety & Environment (1990-2002)
In this part, Professor Petty examines bicycle Risk in detail, comparing the accomplishments of the CPSC's bicycle standard with market forces resulting in, e.g., the development and use of hardshell bicycle helmets. Moreover, he briefly discusses the role of tort liability in managing Risk. Ultimately he concludes that, in the case of bicycle safety, regulation has failed to be as effective as other forces tending to reduce bicycle injuries. [Part I appears at 77.]
Market Share Liability: A Current Assessment Of A Decade-Old Doctrine, Andrew B. Nace
Market Share Liability: A Current Assessment Of A Decade-Old Doctrine, Andrew B. Nace
Vanderbilt Law Review
Ten years ago, in Sindell v. Abbott Laboratories, the California Supreme Court created market share liability as a remedy for plaintiffs who had suffered injuries from prenatal exposure to diethystilbestrol (DES), but were unable to identify the specific manufacturer of the drug. The court fashioned the remedy because the available tort theories at the time-enterprise liability, alternate liability, and concert of action-were inadequate remedies for DES plaintiffs. The court's motivation was compensatory: redress innocent plaintiffs' injuries at the expense of collectively negligent defendants. Because of the victims' inability to show actual causation, the new doctrine sought to approximate a manufacturer's …
Regulation Vs. The Market: The Case Of Bicycle Safety (Part I), Ross D. Petty
Regulation Vs. The Market: The Case Of Bicycle Safety (Part I), Ross D. Petty
RISK: Health, Safety & Environment (1990-2002)
This part of the article describes events leading to the creation of the Consumer Product Safety Commission - and the on-going debate between those who believe safety regulation is necessary and those who believe that market forces can achieve acceptable levels of Risk. The author also sets the stage for a detailed examination of bicycle Risk. In the next issue, he compares the accomplishments of the CPSC's bicycle standard with, e.g., the development and use of hard-shell bicycle helmets. Moreover, he discusses the role of tort liability in managing Risk and ultimately concludes that, in the case of bicycle safety, …
Preventing The Silent Epidemic From Crippling Our Children: Recommended Revisions Of The Illinois Lead Poisoning Prevention Act, 24 J. Marshall L. Rev. 843 (1991), Carolyn H. Eckert
Preventing The Silent Epidemic From Crippling Our Children: Recommended Revisions Of The Illinois Lead Poisoning Prevention Act, 24 J. Marshall L. Rev. 843 (1991), Carolyn H. Eckert
UIC Law Review
No abstract provided.
Exclusive Warranties Failing In Essential Purpose Do Not Prevent Consequential Damage Recovery, Richard E. Nawracaj
Exclusive Warranties Failing In Essential Purpose Do Not Prevent Consequential Damage Recovery, Richard E. Nawracaj
Loyola Consumer Law Review
No abstract provided.
Imposing Penal Sanctions For Breach Of Home Improvement Contract, In The Absence Of Fraud, Is Involuntary Servitude, Stephen Mckenna
Imposing Penal Sanctions For Breach Of Home Improvement Contract, In The Absence Of Fraud, Is Involuntary Servitude, Stephen Mckenna
Loyola Consumer Law Review
No abstract provided.
Serving The Needs Of Both The Consumer Of Legal Services And The Profession Through The Application Of Consumer Protection Statutes To Lawyers, Richard A. Hesse, Mitchell M. Simon
Serving The Needs Of Both The Consumer Of Legal Services And The Profession Through The Application Of Consumer Protection Statutes To Lawyers, Richard A. Hesse, Mitchell M. Simon
Loyola Consumer Law Review
No abstract provided.
A Duty To Warn: One American View Of The Ec Products Liability Directive, Anita Bernstein
A Duty To Warn: One American View Of The Ec Products Liability Directive, Anita Bernstein
Faculty Scholarship
No abstract provided.
The Clean Air Act Amendments Of 1990: Clean Air At What Cost?, Nancy J. Rich
The Clean Air Act Amendments Of 1990: Clean Air At What Cost?, Nancy J. Rich
Loyola Consumer Law Review
No abstract provided.
The Regulation Of Rent-To-Own Transactions, Scott J. Burnham
The Regulation Of Rent-To-Own Transactions, Scott J. Burnham
Loyola Consumer Law Review
No abstract provided.
Third-Party Contractual Risks Not Covered By Builder's Risk Insurance Policy, Aida M. Alaka
Third-Party Contractual Risks Not Covered By Builder's Risk Insurance Policy, Aida M. Alaka
Loyola Consumer Law Review
No abstract provided.
Green Issues Are Ripe: The Regulation Of Environmental Marketing Claims, Eric F. Greenberg
Green Issues Are Ripe: The Regulation Of Environmental Marketing Claims, Eric F. Greenberg
Loyola Consumer Law Review
No abstract provided.
Disclosure Requirements For Mortgage Transfers: New Amendments To The Real Estate Settlement Procedures Act, Leonard A. Bernstein
Disclosure Requirements For Mortgage Transfers: New Amendments To The Real Estate Settlement Procedures Act, Leonard A. Bernstein
Loyola Consumer Law Review
No abstract provided.
Recent Legislative Activity, Stephen Kirkwood
Recent Legislative Activity, Stephen Kirkwood
Loyola Consumer Law Review
No abstract provided.
Evidence Of Side Agreement Between Lender And Borrower Not Admissible To Show Modification Of Loan Agreement, Suzi Guemmer
Evidence Of Side Agreement Between Lender And Borrower Not Admissible To Show Modification Of Loan Agreement, Suzi Guemmer
Loyola Consumer Law Review
No abstract provided.
New York Court Upholds Rent Control Regulations Which Broaden The Definition Of Family To Include Adult Lifetime Partners, Tim Brandhorst
New York Court Upholds Rent Control Regulations Which Broaden The Definition Of Family To Include Adult Lifetime Partners, Tim Brandhorst
Loyola Consumer Law Review
No abstract provided.
Specialized Vs. General Clinical Legal Education: Or, Problems With Being A Brain Surgeon After A Family Practice Internship, Karen V. Kole
Specialized Vs. General Clinical Legal Education: Or, Problems With Being A Brain Surgeon After A Family Practice Internship, Karen V. Kole
Loyola Consumer Law Review
No abstract provided.
No Strict Liability For Manufacturer Of Unavoidably Unsafe Blood-Clotting Agent Which Gave Woman Aids, Stephen Mckenna
No Strict Liability For Manufacturer Of Unavoidably Unsafe Blood-Clotting Agent Which Gave Woman Aids, Stephen Mckenna
Loyola Consumer Law Review
No abstract provided.
Granting Contested Telephone Rate Increases Without Evidentiary Hearing Violates Due Process, Aida M. Alaka
Granting Contested Telephone Rate Increases Without Evidentiary Hearing Violates Due Process, Aida M. Alaka
Loyola Consumer Law Review
No abstract provided.
Infrequent Telephone Solicitation To A Place Of Business Does Not Constitute A Violation Of The Massachusetts Privacy Statute, Suzanne Kuzmenka
Infrequent Telephone Solicitation To A Place Of Business Does Not Constitute A Violation Of The Massachusetts Privacy Statute, Suzanne Kuzmenka
Loyola Consumer Law Review
No abstract provided.