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Articles 31 - 60 of 94
Full-Text Articles in Consumer Protection Law
Major Lenders' May Violate Due Process By Enforcing One-Sided Arbitration Contracts To Avoid Borrowers' Defenses To Foreclosure, Lynn E. Cunningham
Major Lenders' May Violate Due Process By Enforcing One-Sided Arbitration Contracts To Avoid Borrowers' Defenses To Foreclosure, Lynn E. Cunningham
ExpressO
ARTICLE SUMMARY: Many major, contemporary players in the huge sub-prime U.S. mortgage lending market require their borrowers to execute loan agreement riders requiring arbitration of all disputes with regard to the loan transaction, but with the significant exception of the lender’s right to foreclose. While such agreements have frequently been challenged on unconscionability grounds, enforcement of the ex parte aspects of such contracts also raises concerns about compliance with procedural aspects of the Due Process Clause, when either lender enforcement of the loan agreement itself or foreclosure is sought through the courts. Foreclosure normally occurs more promptly than arbitration, and …
Proving Cause In Fact Under Washington's Consumer Protection Act: The Case For A Rebuttable Presumption Of Reliance, Jennifer Rust Muray
Proving Cause In Fact Under Washington's Consumer Protection Act: The Case For A Rebuttable Presumption Of Reliance, Jennifer Rust Muray
Washington Law Review
Under Washington's Consumer Protection Act (CPA), parties must prove proximate cause to prevail in a private cause of action for damages. Proximate cause requires proof of cause in fact and legal causation. Traditionally, in a case in which a person has disseminated an affirmative representation in an attempt to induce a consumer to purchase a product, reliance provides evidence of cause in fact. Washington courts have not decided, however, which party has the burden of proving or disproving reliance. They also have not decided whether indirect proof of reliance is sufficient for proving cause in fact. This Comment argues that …
Licensing And Discipline Of Fiscal Professionals In The State Of Florida: Attorneys, Certified Public Accountants, And Real Estate Professionals, Debra Curtis
Faculty Scholarship
The purpose of this article is to compare the regulation of several professions within the state of Florida. In Florida, attorneys are self-regulated through the Florida Bar. As a branch of the Supreme Court of Florida, The Florida Bar serves as the licensing agency of attorneys within the state. Two other professions--real estate professionals and certified public accountants--in which the public also places fiscal trust and responsibility, are regulated through a different agency, the Department of Business and Professional Regulation. This article seeks to examine and explain the different methods of licensing and regulation between these professional groups and looks …
Defective Products And Product Warranty Claims In Minnesota, J. David Prince
Defective Products And Product Warranty Claims In Minnesota, J. David Prince
William Mitchell Law Review
Warranty law is an important supplement to tort law principles governing liability for defective products. Warranties arise from promises or assertions associated with either the sale of a product or some other transfer of a product for value. Such promises or assertions about a product may be express, made in the form of the seller’s statements about the qualities or attributes of the product, or they may simply be implied as a matter of policy. Although warranty law is generally regarded today as part of the body of contract law, the origins of warranty lie in tort. Important developments in …
Schemes And Scams: Auction Fraud And The Culpability Of Host Auction Web Sites, Dara Chevlin
Schemes And Scams: Auction Fraud And The Culpability Of Host Auction Web Sites, Dara Chevlin
Loyola Consumer Law Review
No abstract provided.
Tila "Finance" And "Other" Charges In Open-End Credit: The Cost-Of-Credit Principle Applied To Charges For Optional Products Or Services, Ralph J. Rohner, Thomas A. Durkin
Tila "Finance" And "Other" Charges In Open-End Credit: The Cost-Of-Credit Principle Applied To Charges For Optional Products Or Services, Ralph J. Rohner, Thomas A. Durkin
Loyola Consumer Law Review
No abstract provided.
America Checks Into A New Banking Era With Check 21, Sarah Malmfeldt
America Checks Into A New Banking Era With Check 21, Sarah Malmfeldt
Loyola Consumer Law Review
No abstract provided.
Insurance Brokerage Giant Exposed By Consumer Fraud Charges, Douglas C. Nelson
Insurance Brokerage Giant Exposed By Consumer Fraud Charges, Douglas C. Nelson
Loyola Consumer Law Review
No abstract provided.
Robart V. State Of Alaska: A New Interpretation For Copyrightable Subject Matter?, Jessica Miedema
Robart V. State Of Alaska: A New Interpretation For Copyrightable Subject Matter?, Jessica Miedema
Loyola Consumer Law Review
No abstract provided.
Smut In Space: The Fcc And Free Speech On Satellite Radio, Andrew Sperry
Smut In Space: The Fcc And Free Speech On Satellite Radio, Andrew Sperry
Loyola Consumer Law Review
No abstract provided.
Napa Wineries Win Labeling Battle, Douglas C. Nelson
Napa Wineries Win Labeling Battle, Douglas C. Nelson
Loyola Consumer Law Review
No abstract provided.
Court Ruling Allows Cable Firms To Restrict Access To Their Networks, Ryan Eddings
Court Ruling Allows Cable Firms To Restrict Access To Their Networks, Ryan Eddings
Loyola Consumer Law Review
No abstract provided.
Consuming Debt: Structuring The Federal Response To Abuses In Consumer Credit, Heidi Mandanis Schooner
Consuming Debt: Structuring The Federal Response To Abuses In Consumer Credit, Heidi Mandanis Schooner
Loyola Consumer Law Review
No abstract provided.
Fax Blasting At The Ok Corral: Is The Fcc Shooting From The Hip?, Brook M. Carey
Fax Blasting At The Ok Corral: Is The Fcc Shooting From The Hip?, Brook M. Carey
Loyola Consumer Law Review
No abstract provided.
Court Ruling May End Free Online Music Party, Ryan Eddings
Court Ruling May End Free Online Music Party, Ryan Eddings
Loyola Consumer Law Review
No abstract provided.
Hidden Costs To Homeowners: The Prevalent Non-Disclosure Of Yield Spread Premiums In Mortgage Loan Transactions, Peter J. Hong, Marcos Reza
Hidden Costs To Homeowners: The Prevalent Non-Disclosure Of Yield Spread Premiums In Mortgage Loan Transactions, Peter J. Hong, Marcos Reza
Loyola Consumer Law Review
No abstract provided.
Seventh Circuit Splits From Sister Circuits Over Telephone Consumer Protection Act, Ryan Eddings
Seventh Circuit Splits From Sister Circuits Over Telephone Consumer Protection Act, Ryan Eddings
Loyola Consumer Law Review
No abstract provided.
Tentative Agreement In Eu-Us "Open Skies" Talks, Ryan Eddings
Tentative Agreement In Eu-Us "Open Skies" Talks, Ryan Eddings
Loyola Consumer Law Review
No abstract provided.
Publishers Fight To Stop Google's Library, Ryan Eddings
Publishers Fight To Stop Google's Library, Ryan Eddings
Loyola Consumer Law Review
No abstract provided.
The Home Ownership And Equity Protection Act Of 1994: Extending Liability For Predatory Subprime Loans To Secondary Mortgage Market Participants, Lisa Keyfetz
Loyola Consumer Law Review
No abstract provided.
Stomaching The Burden Of Dietary Supplement Safety: The Need To Shift The Burden Of Proof Under The Dietary Supplement Health And Education Act Of 1994, Morgan J. Wais
Seattle University Law Review
This article gives a brief historical perspective on dietary supplement regulation and discusses the evolution of drug regulation by the FDA. Part II concludes with a discussion of the political environment in which these regulations occur. Part III gives examples and show how the current system has caused injury and harm to consumers of dietary supplements. Part IV discusses the current burden of proof and how it was applied in the case of ephedra. Part V discusses how, under the current regulatory structure, consumers cannot be adequately protected, either by the FDA or the tort system. Part VI discusses the …
Follow The Money: Erisa Plan Investments In Mutual Funds And Insurance, 38 J. Marshall L. Rev. 867 (2005), Nell Hennessy
Follow The Money: Erisa Plan Investments In Mutual Funds And Insurance, 38 J. Marshall L. Rev. 867 (2005), Nell Hennessy
UIC Law Review
No abstract provided.
When Are Releases Of Claims For Erisa Plan Benefits Effective?, 38 J. Marshall L. Rev. 773 (2005), Albert Feuer
When Are Releases Of Claims For Erisa Plan Benefits Effective?, 38 J. Marshall L. Rev. 773 (2005), Albert Feuer
UIC Law Review
No abstract provided.
Pharmaceutical Tort Liability: A Justifiable Nemesis To Drug Innovation And Access?, 38 J. Marshall L. Rev. 987 (2005), Paula Jacobi
Pharmaceutical Tort Liability: A Justifiable Nemesis To Drug Innovation And Access?, 38 J. Marshall L. Rev. 987 (2005), Paula Jacobi
UIC Law Review
No abstract provided.
"Who's The Boss?": An Analytical And Practical Approach To Determine The "Employer" In A Defined Contribution Qualified Retirement Plan, 38 J. Marshall L. Rev. 1011 (2005), Megan Mccoy
UIC Law Review
No abstract provided.
The Applicability Of Constructive Eviction, Implied Warranty Of Habitability, Common-Law Fraud, And The Consumer Fraud Act To Ommissions Of Material Facts In A Commercial Lease, 38 J. Marshall L. Rev. 1289 (2005), Robert W. Gray
UIC Law Review
No abstract provided.
Patients Beware: Preemption Of Common Law Claims Under The Medical Device Amendments, 39 J. Marshall L. Rev. 75 (2005), Michael P. Dinatale
Patients Beware: Preemption Of Common Law Claims Under The Medical Device Amendments, 39 J. Marshall L. Rev. 75 (2005), Michael P. Dinatale
UIC Law Review
No abstract provided.
Regulating The Regulators: The Impact Of Fda Regulation On Corporations' First Amendment Rights, 39 J. Marshall L. Rev. 95 (2005), Lisa M. Fealk-Stickler
Regulating The Regulators: The Impact Of Fda Regulation On Corporations' First Amendment Rights, 39 J. Marshall L. Rev. 95 (2005), Lisa M. Fealk-Stickler
UIC Law Review
No abstract provided.
Public Use Or Experimental Use: Are Clinical Trials Susceptible To Another Attack Similar To That In Smithkline Beecham Corp. V. Apotex Corp., 39 J. Marshall L. Rev. 149 (2005), Nimalka Wickramasekera
Public Use Or Experimental Use: Are Clinical Trials Susceptible To Another Attack Similar To That In Smithkline Beecham Corp. V. Apotex Corp., 39 J. Marshall L. Rev. 149 (2005), Nimalka Wickramasekera
UIC Law Review
No abstract provided.
La Responsabilisation De L'Economie: What The United States Can Learn From The New French Law On Consumer Overindebtedness, Jason J. Kilborn
La Responsabilisation De L'Economie: What The United States Can Learn From The New French Law On Consumer Overindebtedness, Jason J. Kilborn
Michigan Journal of International Law
This Article on the French law continues a study of European consumer debt-relief systems, which the author began previously in an article on the German system. With rapid legal and practical developments in consumer debt-relief law, Europe provides an excellent comparative legal laboratory for observing the potential benefits and pitfalls of consumer bankruptcy reforms. In particular, French and German experiences with long-term payment plans shed useful light on the great debate raging in the United States over similar plans.