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Articles 1 - 30 of 67
Full-Text Articles in Consumer Protection Law
The Information Superhighway: Trolls At The Tollgate, Charles M. Oliver
The Information Superhighway: Trolls At The Tollgate, Charles M. Oliver
Federal Communications Law Journal
Prior to the passage of the 1996 Telecommunications Act, policymakers sought funding and regulatory mechanisms capable of fulfilling the vision of an Information Superhighway. Vice President Gore, the Clinton Administration's point person on the issue, initially proposed assessing fees on other sectors of the telecommunications industry to fund construction. Meanwhile, conservatives asserted that deregulation of the industry would achieve the desired result. A compromise ultimately was reached: the 1996 Act requires local exchange carriers to unbundle their networks and provide access at a reasonable cost to competitors. The use of regulatory formulas in lieu of taxes to subsidize a national …
Constructing A Roof Before The Foundation Is Prepared: The Restatement (Third) Of Torts: Products Liability, Section 2(B) Design Defect, Frank J. Vandall
Constructing A Roof Before The Foundation Is Prepared: The Restatement (Third) Of Torts: Products Liability, Section 2(B) Design Defect, Frank J. Vandall
University of Michigan Journal of Law Reform
The Restatement (Third) of Torts: Products Liability section 2(b) is a wish list from manufacturing America. It returns products liability law to something more restrictive than negligence. What is new from the Reporters is that their proposal is written on a clean sheet of paper. Messy and awkward concepts such as precedent, policy, and case accuracy have been brushed aside for the purpose of tort reform. There has been almost no attempt to evaluate strict liability precedent or the policies underlying previous cases and the Restatement (Second) section 402A. Section 2b (the roof) has been drafted with little consideration of …
The Telecommunications Act Of 1996: Codifying The Digital Divide, Allen S. Hammond Iv
The Telecommunications Act Of 1996: Codifying The Digital Divide, Allen S. Hammond Iv
Federal Communications Law Journal
The Telecommunications Act of 1996 purports to ensure every American eventual access to advanced telecommunications networks and services, and more immediate access to basic telephone networks and services. This access is essential because it determines the ease with which Americans can acquire an education, obtain employment, control financial affairs, access emergency assistance, and participate in the political process. The interpretation and implementation of the 1996 Act is critical because there is an imminent danger that a large portion of society— in inner cities, near suburbs, and small towns— not be connected to the "national electronic nervous system." To ensure that …
Using Market-Based Spectrum Policy To Promote The Public Interest, Gregory L. Rosston, Jeffrey S. Steinberg
Using Market-Based Spectrum Policy To Promote The Public Interest, Gregory L. Rosston, Jeffrey S. Steinberg
Federal Communications Law Journal
With the increasing demand for spectrum to accommodate emerging technologies, and the discovery that higher frequencies are usable, the FCC has replaced its reliance on administrative mechanisms for allocating spectrum with a more flexible, market-based approach. The FCC can best accomplish its mission of promoting the public interest by continuing to rely on competitive market forces and by establishing a clear and consistent paradigm for approaching allocation, assignment, usage, and other policies. Such a paradigm envisions an FCC that would actively monitor spectrum to remedy situations in which it is not used to its full value; establish mechanisms to reduce …
Section 254 Of The Telecommunications Act Of 1996: A Hidden Tax?, Nichole L. Millard
Section 254 Of The Telecommunications Act Of 1996: A Hidden Tax?, Nichole L. Millard
Federal Communications Law Journal
Congress has the sole power to levy and collect taxes. The Supreme Court has ruled that Congress may delegate this authority to administrative agencies so long as the will of Congress is clearly defined in the legislation. However, section 254 of the Telecommunications Act of 1996 operates as an unconstitutional delegation of Congress' authority to tax. This legislation provides the FCC with unfettered discretion in defining the boundaries of universal service and the authority to mandate that all consumers of telecommunications services subsidize the cost for low-income and rural consumers, as well as schools, libraries, and health care providers.
Hanging Up On Consumers: Why The Fcc Cannot Stop Slamming In The New Telecommunications Market , Christopher R. Day
Hanging Up On Consumers: Why The Fcc Cannot Stop Slamming In The New Telecommunications Market , Christopher R. Day
American University Law Review
No abstract provided.
Restating The Law: The Dilemmas Of Products Liability, Robert L. Rabin
Restating The Law: The Dilemmas Of Products Liability, Robert L. Rabin
University of Michigan Journal of Law Reform
Tracing products liability law from its origins to present day developments, Professor Rabin discusses the long-standing presence of interwoven strands of contract and tort ideology, as well as the perennial tensions between strict liability and negligence. These themes are evident both in the distinctly influential California case law and in the two Restatement efforts to systematize the doctrine that has emerged nationally. Rabin identifies the manner in which foundational ideological precepts of consumer expectations and enterprise liability have contributed to a continuously dynamic, if often unsettled, debate over the appropriate regime for resolving product injury claims.
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.
Dashing Consumer Hopes: Strict Products Liability And The Demise Of The Consumer Expectations Test, Rebecca Korzec
Dashing Consumer Hopes: Strict Products Liability And The Demise Of The Consumer Expectations Test, Rebecca Korzec
All Faculty Scholarship
The threshold issue in American products liability litigation is whether the product was defective at the time it left the manufacturer's control. Traditionally, courts and scholars define “defect” in three functional categories: manufacturing defects, design defects and marketing defects. American products liability doctrine employs two major tests to determine whether a "defect” exists: the seller-oriented risk-utility test and the buyer-oriented consumer expectations test. The Draft of the Restatement Third of Torts: Products Liability, like some American jurisdictions, rejects the “consumer expectations” test as an independent standard in defective warning and design cases. Ironically, this limitation of the use of the …
Stored Value Cards And The Consumer: The Need For Regulation , Mark E. Budnitz
Stored Value Cards And The Consumer: The Need For Regulation , Mark E. Budnitz
American University Law Review
No abstract provided.
An Implied Cause Of Action Under The Real Estate Settlement Procedures Act, Chris Sagers
An Implied Cause Of Action Under The Real Estate Settlement Procedures Act, Chris Sagers
Law Faculty Articles and Essays
This Note contends that consumers should have a private damages action under section 10. Part I discusses the method federal courts currently employ to determine whether a private cause of action should be recognized under a given federal statute. Part II applies this standard to section 10, and it argues that, although the federal courts currently exhibit a fairly restrictive attitude toward implication of remedies, an action should be implied under section 10 because the Real Estate Settlement Procedures Act of 1974 (RESPA) was enacted at a time when Congress relied on a more permissive judicial implication doctrine. Finally, Part …
Fcc Reform: Governing Requires A New Standard, William H. Read, Ronald Alan Weiner
Fcc Reform: Governing Requires A New Standard, William H. Read, Ronald Alan Weiner
Federal Communications Law Journal
Perhaps one of the most crucial questions legislators need to address after passing the 1996 Act is the reform of the Federal Communications Commission. Some suggest that the Commission should be abolished altogether, while others recommend merely curtailing some of the Commission's responsibilities. However, true reform of the FCC recognizes that the Commission still has a vital role to play in the shaping of the telecommunications industry. Instead of dismantling the FCC altogether, Congress should redefine the public interest standard under which the FCC operates. The 1934 Communications Act charged the Federal Communications Commission with protecting "the public interest." While …
Do You Feel The Sunshine? Government In The Sunshine Act: Its Objectives, Goals, And Effect On The Fcc And You, Kathy Bradley
Do You Feel The Sunshine? Government In The Sunshine Act: Its Objectives, Goals, And Effect On The Fcc And You, Kathy Bradley
Federal Communications Law Journal
This Note posits that the Sunshine Act should be narrowed to allow the FCC to operate in the same way as Congress and the Federal courts. The FCC should be allowed to engage in open and frank discussion of issues facing the Commission without rigid restrictions on collegial conversation between Commission members.
Playing With Fire: Assessing Lighter Manufacturers' Duties Regarding Child Play Lighter Fires, Thomas M. Peters, Hall O. Carroll
Playing With Fire: Assessing Lighter Manufacturers' Duties Regarding Child Play Lighter Fires, Thomas M. Peters, Hall O. Carroll
Loyola Consumer Law Review
No abstract provided.
Keeping Business Out Of The Bedroom: Protecting Personal Privacy Interests From The Retail World, 15 J. Marshall J. Computer & Info. L. 391 (1997), David J. Klein
UIC John Marshall Journal of Information Technology & Privacy Law
The federal government as well as private companies maintain personality profile lists containing records of personal information touching on many aspects of an individual's life. Some companies seek to acquire these lists from the federal government or from other businesses in order to increase their profits by targeting those individuals within the lists who appear most likely to buy their products or services. Therefore, personal information that consumers initially disclosed to a business in confidence becomes public knowledge shared among other businesses. As a result, consumers feel that the list creator invaded their privacy. Frustrated consumers attempt to keep such …
Beyond Marking: Country Of Origin Rules And The Decision In Cpc International, 31 J. Marshall L. Rev. 179 (1997), Donna L. Bade
Beyond Marking: Country Of Origin Rules And The Decision In Cpc International, 31 J. Marshall L. Rev. 179 (1997), Donna L. Bade
UIC Law Review
No abstract provided.
Regulating The Net: Case Studies In California And Georgia Show How Not To Do It, Barry Fraser
Regulating The Net: Case Studies In California And Georgia Show How Not To Do It, Barry Fraser
Loyola Consumer Law Review
No abstract provided.
National Magazine Sweepstakes Are Not Illegal Lotteries Under California Law, Rana Abbasi
National Magazine Sweepstakes Are Not Illegal Lotteries Under California Law, Rana Abbasi
Loyola Consumer Law Review
No abstract provided.
Unauthorized Use Of A Federally Protected Trade-Mark In An Internet Domain Name Is Prohibited, Linda A. Kerns
Unauthorized Use Of A Federally Protected Trade-Mark In An Internet Domain Name Is Prohibited, Linda A. Kerns
Loyola Consumer Law Review
No abstract provided.
A Federal District Court Holds Distributor's Failure To Maintain Manufacturer's Quality Control Standards Possible Violation Of Federal Trademark Law, Paul Lukitsch
Loyola Consumer Law Review
No abstract provided.
The Communications Decency Act, Congress' First Attempt To Censor Speech Over The Internet, Lorraine Mercier
The Communications Decency Act, Congress' First Attempt To Censor Speech Over The Internet, Lorraine Mercier
Loyola Consumer Law Review
No abstract provided.
The Statute Of Limitations Of The Fair Credit Reporting Act Is Strictly Construed, Linda A. Kerns
The Statute Of Limitations Of The Fair Credit Reporting Act Is Strictly Construed, Linda A. Kerns
Loyola Consumer Law Review
No abstract provided.
Consumer News, Charles R. Whitt
Faulty Fire-Retardant Plywood Continues To Cause Homeowners Headaches, Allison E. Cahill
Faulty Fire-Retardant Plywood Continues To Cause Homeowners Headaches, Allison E. Cahill
Loyola Consumer Law Review
No abstract provided.
Retailer At U.S.-Mexico Border Loses Battle Against Levi Strauss For Misrepresentation And Lost Profits Claims, Heather Sullivan
Retailer At U.S.-Mexico Border Loses Battle Against Levi Strauss For Misrepresentation And Lost Profits Claims, Heather Sullivan
Loyola Consumer Law Review
No abstract provided.
Alleged "Kickbacks" Do Not Violate Rico, Philip J. Tortorich
Alleged "Kickbacks" Do Not Violate Rico, Philip J. Tortorich
Loyola Consumer Law Review
No abstract provided.
Seller Disclosure Laws Gain Popularity, Leonard A. Bernstein, George F. Magera
Seller Disclosure Laws Gain Popularity, Leonard A. Bernstein, George F. Magera
Loyola Consumer Law Review
No abstract provided.
Understanding Credit Cards, Credit Reports, And Fraud, David A. Szwak
Understanding Credit Cards, Credit Reports, And Fraud, David A. Szwak
Loyola Consumer Law Review
No abstract provided.
"Doing Business" Over The Internet Leads To A Forum State's Appropriate Exercise Of Personal Jurisdiction, Joanne T. Hannaway
"Doing Business" Over The Internet Leads To A Forum State's Appropriate Exercise Of Personal Jurisdiction, Joanne T. Hannaway
Loyola Consumer Law Review
No abstract provided.
Nba Games Not "Original Works Of Authorship" - No Protection Under Federal Copyright Act, Thomas O'Connor
Nba Games Not "Original Works Of Authorship" - No Protection Under Federal Copyright Act, Thomas O'Connor
Loyola Consumer Law Review
No abstract provided.