Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Legislation (18)
- Business Organizations Law (14)
- Food and Drug Law (11)
- State and Local Government Law (10)
- Constitutional Law (9)
-
- Health Law and Policy (9)
- Law and Society (9)
- Commercial Law (8)
- Computer Law (8)
- Internet Law (8)
- Labor and Employment Law (8)
- Intellectual Property Law (7)
- Litigation (7)
- Torts (7)
- Administrative Law (6)
- Banking and Finance Law (6)
- Insurance Law (6)
- Social and Behavioral Sciences (6)
- Tax Law (6)
- Agency (5)
- Courts (5)
- Food Studies (5)
- Antitrust and Trade Regulation (4)
- Communications Law (4)
- First Amendment (4)
- Gaming Law (4)
- International Law (4)
- Law and Economics (4)
- Institution
-
- Loyola University Chicago, School of Law (20)
- UIC School of Law (17)
- University of Arkansas, Fayetteville (7)
- University of Michigan Law School (5)
- BLR (3)
-
- Georgetown University Law Center (3)
- Boston University School of Law (2)
- Maurer School of Law: Indiana University (2)
- University of Baltimore Law (2)
- University of Florida Levin College of Law (2)
- University of Georgia School of Law (2)
- University of New Hampshire (2)
- American University in Cairo (1)
- Brigham Young University Law School (1)
- Brooklyn Law School (1)
- Case Western Reserve University School of Law (1)
- New York Law School (1)
- Notre Dame Law School (1)
- Southern Methodist University (1)
- St. John's University School of Law (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of Washington School of Law (1)
- Vanderbilt University Law School (1)
- William & Mary Law School (1)
- Yeshiva University, Cardozo School of Law (1)
- Keyword
-
- FDA (4)
- Consumer Protection Law (3)
- GMOs (3)
- Regulation (3)
- Computer Law (2)
-
- Consumer Protection (2)
- Consumer protection (2)
- Consumers (2)
- Copyright (2)
- Copyright law (2)
- Disclosure (2)
- E. coli (2)
- Fair use (2)
- Federal agencies (2)
- Infringement (2)
- Law (2)
- Law and Society (2)
- Law and Technology (2)
- Law reform (2)
- Liability (2)
- Loans (2)
- Negligence (2)
- Public health (2)
- Rulemaking (2)
- Torts (2)
- Trademark (2)
- Trademark law (2)
- 407 (1)
- Accountability (1)
- Acrylamide (1)
- Publication
-
- Loyola Consumer Law Review (20)
- UIC Law Review (17)
- Journal of Food Law & Policy (7)
- Articles (3)
- ExpressO (3)
-
- Faculty Scholarship (3)
- Faculty Publications (2)
- Federal Communications Law Journal (2)
- Georgetown Law Faculty Publications and Other Works (2)
- Georgia Law Review (2)
- Law Faculty Scholarship (2)
- Michigan Law Review (2)
- UF Law Faculty Publications (2)
- All Faculty Scholarship (1)
- Archived Theses and Dissertations (1)
- BYU Law Review (1)
- Cardozo Arts & Entertainment Law Journal (1)
- Faculty Journal Articles and Book Chapters (1)
- Journal Articles (1)
- NYLS Law Review (1)
- Nevada Law Journal (1)
- U.S. Supreme Court Briefs (1)
- University of Baltimore Law Review (1)
- Vanderbilt Law School Faculty Publications (1)
- Washington International Law Journal (1)
- William & Mary Law Review (1)
- Publication Type
Articles 61 - 80 of 80
Full-Text Articles in Consumer Protection Law
Reimposable Discounts And Medieval Contract Penalties, James P. George
Reimposable Discounts And Medieval Contract Penalties, James P. George
Loyola Consumer Law Review
No abstract provided.
Protecting Our Protectors: The Defense Department's New Rules To Prevent Predatory Lending To Military Personnel, Dawn Goulet
Protecting Our Protectors: The Defense Department's New Rules To Prevent Predatory Lending To Military Personnel, Dawn Goulet
Loyola Consumer Law Review
No abstract provided.
What Process Is Due In The Adjudication Of Erisa Claims?, 40 J. Marshall L. Rev. 811 (2007), Mark D. Debofsky
What Process Is Due In The Adjudication Of Erisa Claims?, 40 J. Marshall L. Rev. 811 (2007), Mark D. Debofsky
UIC Law Review
No abstract provided.
Mississippi River Stories: Lessons From A Century Of Unnatural Disasters, Christine A. Klein, Sandra B. Zellmer
Mississippi River Stories: Lessons From A Century Of Unnatural Disasters, Christine A. Klein, Sandra B. Zellmer
UF Law Faculty Publications
In the wake of Hurricane Katrina, the nation pondered how a relatively weak Category 3 storm could have destroyed an entire region. Few appreciated the extent to which a flawed federal water development policy transformed this apparently natural disaster into a "manmade" disaster; fewer still appreciated how the disaster was the predictable, and indeed predicted, sequel to almost a century of similar disasters. This Article focuses upon three such stories: the Great Flood of 1927, the Midwest Flood of 1993, and Hurricanes Katrina and Rita of 2005. Taken together, the stories reveal important lessons, including the inadequacy of engineered flood …
Comments: Restitution In Consumer Protection Actions: Stop The Reliance On Reliance, Lisa Yurwit
Comments: Restitution In Consumer Protection Actions: Stop The Reliance On Reliance, Lisa Yurwit
University of Baltimore Law Review
No abstract provided.
Trademark Law And Status Signaling: Tattoos For The Privileged, Jeffrey L. Harrison
Trademark Law And Status Signaling: Tattoos For The Privileged, Jeffrey L. Harrison
UF Law Faculty Publications
The motivations for buying a good or service are highly complex. At the most basic level, people buy goods because of what the goods do or because of the aesthetic elements they embody. More technically, buyers derive utility from the "functional" quality of these goods. Another motivation relates to what the goods "say" about the buyer. Here, the good is a signaling device. Signaling is not new, of course, and can indicate anything from social class to political leanings.
This Essay addresses the issue of whether it should be public policy to subsidize this type of person-to-person status signaling. This …
Regulatory Beneficiaries And Informal Agency Policymaking, Nina A. Mendelson
Regulatory Beneficiaries And Informal Agency Policymaking, Nina A. Mendelson
Articles
Administrative agencies frequently use guidance documents to set policy broadly and prospectively in areas ranging from Department of Education Title IX enforcement to Food and Drug Administration regulation of direct-to-consumer pharmaceutical advertising. In form, these guidances often closely resemble the policies agencies issue in ordinary notice-and-comment rulemaking. However, guidances are generally developed with little public participation and are often immune from judicial review. Nonetheless, guidances can prompt significant changes in behavior from those the agencies regulate. A number of commentators have guardedly defended the current state of affairs. Though guidances lack some important procedural safeguards, they can help agencies supervise …
City Government And Predatory Lending, Jonathan L. Entin, Shadya Y. Yazback
City Government And Predatory Lending, Jonathan L. Entin, Shadya Y. Yazback
Faculty Publications
Predatory lending is heavily concentrated in low- and moderate-income neighborhoods and disproportionately affects minorities and the elderly. The consequences of predatory lending are devastating not only to the consumers who fall prey to unscrupulous lenders' tactics, but to the community as a whole. For these reasons, many cities have tried to regulate or prohibit the practice. These efforts face formidable legal obstacles, however. This article examines the problems that cities face in suing as parens patriae on behalf of their residents, the strong possibility that even home rule municipalities will find their efforts preempted by state law, and the growing …
It Depends On What The Meaning Of "False" Is: Falsity And Misleadingness In Commercial Speech Doctrine, Rebecca Tushnet
It Depends On What The Meaning Of "False" Is: Falsity And Misleadingness In Commercial Speech Doctrine, Rebecca Tushnet
Georgetown Law Faculty Publications and Other Works
While scholarship regarding the Supreme Court's noncommercial speech doctrine has often focused on the level of protection for truthful, non-misleading commercial speech, scholars have paid little attention to the exclusion of false or misleading commercial speech from all First Amendment protection. Examining the underpinnings of the false and misleading speech exclusion illuminates the practical difficulties that abolishing the commercial speech doctrine would pose. Through a series of fact patterns in trademark and false advertising cases, this piece demonstrates that defining what is false or misleading is often debatable. If commercial speech were given First Amendment protection, consumer protection and First …
The (Boundedly) Rational Basis Of Trademark Liability, Jeremy N. Sheff
The (Boundedly) Rational Basis Of Trademark Liability, Jeremy N. Sheff
Faculty Publications
This article argues that trademark infringement and dilution are best understood as commercial behavior that manipulates the cognitive biases of consumers, and as such threatens to render their heuristic judgments persistently inaccurate. In this view, trademark liability—whether imposed under the label of infringement or dilution—serves neither to protect property rights of trademark owners, nor to protect them against the unfair trade practices of competitors, but to shape consumer markets in such a way as to conform to the innate cognitive processes of boundedly rational consumers. The trademark regime can thus be understood as a legal apparatus designed (albeit perhaps unconsciously) …
First Amendment Protection For False Commercial Speech By A Publisher Regarding The Truthfulness Of Its Publication: A Response To Litigation Arising Over James Frey's A Million Little Pieces, Jason Kessler
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Private Liability For Reckless Consumer Lending, John A. E. Pottow
Private Liability For Reckless Consumer Lending, John A. E. Pottow
Articles
Congress recently enacted amendments to the Bankruptcy Code that possess the overarching theme of cracking down on debtors due to the increasing rate at which individuals have been filing for bankruptcy. Taking into account the correlation between the overall rise in consumer credit card debt and the rate of individual bankruptcy filings, the author nevertheless hypothesizes that not all credit card debt is troubling. Instead, the author proposes that the catalyst driving individual bankruptcy rates higher than ever is the level of "bad credit"-or credit extended to individuals even though there is a reasonable likelihood that the individual will be …
Automobile Seatbelt Usage And The Value Of Statistical Life, W. Kip Viscusi, Jahn K. Hakes
Automobile Seatbelt Usage And The Value Of Statistical Life, W. Kip Viscusi, Jahn K. Hakes
Vanderbilt Law School Faculty Publications
This article uses several within-sample tests to assess whether current seatbelt usage decisions are consistent with the stated preferences of survey respondents. The expressed survey values of statistical life are positively associated with the probability of seatbelt usage and are not statistically different from the values of statistical life implied by seatbelt usage decisions, which are in the $1.9 million to $8.4 million range. Seatbelt usage also varies in the expected manner with individual measures of heterogeneous attitudes toward risk, such as smoking status and education. Our evidence on seatbelt usage supports the view that consumers consistently balance expected safety …
Why The Customer Isn’T Always Right: Producer-Based Limits On Rights Accretion In Trademark, Rebecca Tushnet
Why The Customer Isn’T Always Right: Producer-Based Limits On Rights Accretion In Trademark, Rebecca Tushnet
Georgetown Law Faculty Publications and Other Works
In this article the author responds to James Gibson’s article Risk Aversion and Rights Accretion in Intellectual Property Law, which offers valuable insights into the extra-judicial dynamics that have contributed to the seemingly unending expansion of copyright and trademark rights over the past few decades. Her response focuses on the trademark side of that expansion. The theoretical basis for granting trademark rights is that, if consumers perceive that a mark or other symbol indicates that a single source is responsible for a product or service—whether through physical production, licensing, sponsorship, or other approval—then the law should give effect to …
Notification Of Data Security Breaches, Paul M. Schwartz, Edward J. Janger
Notification Of Data Security Breaches, Paul M. Schwartz, Edward J. Janger
Michigan Law Review
The law increasingly requires private companies to disclose information for the benefit of consumers. The latest examples of such regulation are state and federal laws that require companies to notify individuals of data security incidents involving their personal information. These laws, proposed in the wake of highly publicized data spills, seek to punish the breached entity and to protect consumers by requiring the entity to notify its customers about the security breach. There are competing approaches, however to how the law is to mandate release of information about data leaks. This Article finds that the current statutes' focus on reputational …
Nsf Fees, James J. White
Nsf Fees, James J. White
Articles
Overdraft fees now make up more than half of banks' earnings on consumer checking accounts. In the past century, overdrafts have gone from the banker's scourge to the banker's profit center as bankers have learned that there is much to be made on these short term loans at breathtaking interest rates. I note that the federal agencies have been complicit in the growth of this form of lending. I propose that the banks and the agencies recognize the reality and attempt to mitigate these rates by encouraging the development of a competitive market.
Consumer Law As Tax Alternative, Rory Van Loo
Consumer Law As Tax Alternative, Rory Van Loo
Faculty Scholarship
Policymakers and scholars have in distributional conversations traditionally ignored consumer laws. Tax law dominates distributional conversations partly because legal rules are seen as less efficient and partly because consumer law research speaks to narrow and siloed contexts. Even millions of dollars in reduced credit card fees seem trivial compared to the trillion-dollar growth in income inequality that has sparked concern in recent decades. This Article is the first to synthesize the fragmented studies quantifying inefficiently higher consumer prices across diverse markets — called overcharge. These studies indicate that laws reducing overcharge could make a substantial reduction in inequality. Moreover, this …
Medical Tourism: Symptom Or Cure?, Kerrie S. Howze
Medical Tourism: Symptom Or Cure?, Kerrie S. Howze
Georgia Law Review
"Medical tourism" is the phrase used to describe the phenomenon whereby patients travel to a foreign country to consume medical services. This practice has gained momentum in recent years, largely due to accessibility and affordability issues plaguing the U.S. healthcare system. Notably, medical tourism has progressed from being only an option considered by uninsured or under-insured individuals to an option considered by employers as a means of reducing the cost of employee health benefits. This Note examines the medical tourism practice and discusses potential problems with the practice, specifically the lack of remedy in case of medical negligence. Although medical …
The Plan B For Plan B: The New Dual Over-The-Counter And Prescription Status Of Plan B And Its Impact Upon Pharmacists, Consumers, And Conscience Clauses, Brittany L. Grimes
The Plan B For Plan B: The New Dual Over-The-Counter And Prescription Status Of Plan B And Its Impact Upon Pharmacists, Consumers, And Conscience Clauses, Brittany L. Grimes
Georgia Law Review
On August 24,2006, the U.S. Food and Drug Administration decided to approve Plan B, the "morning-after"contraceptive pill, as an over-the-counter drug for women ages eighteen and older only. Individuals aged seventeen years and younger must still obtain a prescription in order to purchase Plan B, resulting in confusion and complications in implementing the age limitation. Additionally, the dual status of Plan B as both a prescription and over-the-counter drug might still be undermined by pharmacists choosing to refuse sale of contraceptives under various state protective conscience clauses. This Note explores the impact of the FDA's novel decision to create a …
Banking Law Reform And Users-Consumers In Developing Economies: Creating An Accessible And Equitable Consumer Base From The 'Excluded', Joseph J. Norton
Banking Law Reform And Users-Consumers In Developing Economies: Creating An Accessible And Equitable Consumer Base From The 'Excluded', Joseph J. Norton
Faculty Journal Articles and Book Chapters
Drawing on over two decades of relevant experience, the author sets forth the primary proposition that the equitable and accessible provision of banking services has never been a core component of modern banking sector legal reform in developing countries. Over the course of the article, the author evaluates the past fifteen years of banking law reform for developing countries and considers recent World Bank efforts to address financial access and equity issues. The article also includes a discussion of the rise of microfinancing and private banking industry initiatives in South Africa. The author concludes with reflections on the importance of …