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Articles 1711 - 1740 of 4085

Full-Text Articles in Consumer Protection Law

Regulating Farming: Balancing Food Safety And Environmental Protection In A Cooperative Governance Regime, Margot J. Pollans Jan 2015

Regulating Farming: Balancing Food Safety And Environmental Protection In A Cooperative Governance Regime, Margot J. Pollans

Elisabeth Haub School of Law Faculty Publications

After providing a brief overview of regulation in each area, Part I of this Article identifies three types of discordance between produce safety and environmental protection on farms. First, because of limited resources, farmers will have to choose between implementing food safety practices and implementing environmental practices. Second, indirect trade-offs between the two regulatory goals result in damaging collateral consequences for the environment. Food safety regulation may exacerbate a range of existing environmental harms. Third, there is at least one direct clash that may make compliance with food safety law incompatible with participation in certain environmental programs. Part I also …

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Environmental Privacy, Katrina Fischer Kuh Jan 2015

Environmental Privacy, Katrina Fischer Kuh

Elisabeth Haub School of Law Faculty Publications

This Article looks to nuisance doctrine, surveillance under environmental statutes, and Fourth Amendment cases arising in implementation of fish and game laws (the hunter enforcement cases) to better understand our experience, to date, balancing the need for environmental information with privacy. Section A analyzes common law nuisance and its relationship to individual privacy concerns and concludes that the law affords little *7 value to or protection of privacy in the context of at least one type of environmental externality -- conduct that gives rise to a common law nuisance. Recognizing that most environmentally significant individual behaviors do not constitute a …

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Giving Slaughterhouses Glass Walls: A New Direction In Food Labeling And Animal Welfare, Zak Franklin Jan 2015

Giving Slaughterhouses Glass Walls: A New Direction In Food Labeling And Animal Welfare, Zak Franklin

Animal Law Review

Modern industrial animal agriculture and consumer purchasing patterns do not match consumers' moral preferences regarding animal welfare. Cur­rent production methods infiict a great deal of harm on animals despite widespread consumer preference for meat, dairy, and eggs that come from humanely treated animals. Judging by the premium pricing and market shares of food products with moral or special labels (e.g., 'cage-free,' 'free range,' and 'organic'), many consumers are willing to pay more for less harmful products, but they are unable to determine which products match this preference. The labels placed on animal products, and the insufficient government oversight of these …

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A Practitioner's Guide To Defending "Natural" Food Labeling Litigation, Lauren E. Handel Jan 2015

A Practitioner's Guide To Defending "Natural" Food Labeling Litigation, Lauren E. Handel

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

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Lance Armstrong Wins Again By Surviving A Lawsuit For Misrepresentations And Fraud Without So Much As A "Slapp" On The Wrist, Anna Haslinsky Jan 2015

Lance Armstrong Wins Again By Surviving A Lawsuit For Misrepresentations And Fraud Without So Much As A "Slapp" On The Wrist, Anna Haslinsky

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

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Trusting Strangers: Dispute Resolution In The Crowd, Anjanette H. Raymond, Abbey Stemler Jan 2015

Trusting Strangers: Dispute Resolution In The Crowd, Anjanette H. Raymond, Abbey Stemler

Cardozo Journal of Conflict Resolution

Hoping to be the next Pebble, entrepreneurs and businesses have flocked to various crowdfunding platforms to contribute dollars to fund initial launches of products and other investments. As readers are undoubtedly aware, Kickstarter was the first and bestknown crowdfunding website, having helped to launch more than 95,000 projects to date. On March 3, 2014, Kickstarter reported that it passed $1 billion in pledges with over 5.7 million people donating to creative projects. There are currently over 800 crowdfunding platforms, with the bulk of dollars contributed going to social campaigns. Of course, as donations grew and the number of backers surged, …

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Let Fda Regulate Its Own Drugs!: An Argument For Narcotic Control And Enforcement Under The Risk Evaluation And Mitigation Strategies (Rems), Christopher J. Frisina Jan 2015

Let Fda Regulate Its Own Drugs!: An Argument For Narcotic Control And Enforcement Under The Risk Evaluation And Mitigation Strategies (Rems), Christopher J. Frisina

Loyola Consumer Law Review

No abstract provided.

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Defending State Exemptions In Bankruptcy, Tristan G. Axelrod Jan 2015

Defending State Exemptions In Bankruptcy, Tristan G. Axelrod

Loyola Consumer Law Review

Throughout the past century’s cyclical battles for bankruptcy reform, legislators and scholars have debated the need for federal control over bankruptcy estate exemptions. Millionaire criminals and Wall Street hucksters shielding assets from creditors provide perennial fuel for the argument that bankruptcy exemptions inspire systemic abuse. Few legislators, scholars, or pundits, however, have investigated the actual economic and social policy wisdom in state-specific exemptions as they affect the lives of millions of Americans. This Article examines the origins and policy implications of state-specific exemption laws and argues in favor of limited federal deference to state law.

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A Review Of The Sunshine Act's Open Payments Program: Are Patients Still In The Dark?, Shirley Chen Jan 2015

A Review Of The Sunshine Act's Open Payments Program: Are Patients Still In The Dark?, Shirley Chen

Loyola Consumer Law Review

No abstract provided.

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Six Ways This Article Is Most Definitely Not An Ad: Deceptive Marketing And The Need For Clearly-Defined Disclosure Rules In Online Native Advertising, Robert A. Gottfried Jan 2015

Six Ways This Article Is Most Definitely Not An Ad: Deceptive Marketing And The Need For Clearly-Defined Disclosure Rules In Online Native Advertising, Robert A. Gottfried

Loyola Consumer Law Review

No abstract provided.

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K-Cup Crusade For Consumers, Shirley Chen Jan 2015

K-Cup Crusade For Consumers, Shirley Chen

Loyola Consumer Law Review

No abstract provided.

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Democratizing Higher Education: Defending & Extending Income Based Repayment Programs, Frank Pasquale Jan 2015

Democratizing Higher Education: Defending & Extending Income Based Repayment Programs, Frank Pasquale

Loyola Consumer Law Review

No abstract provided.

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Putting Disclosure To The Test: Toward Better Evidence-Based Policy, Talia B. Gillis Jan 2015

Putting Disclosure To The Test: Toward Better Evidence-Based Policy, Talia B. Gillis

Loyola Consumer Law Review

No abstract provided.

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International Trade's Zero-Sum Game: How Zeroing In Accordance With The Tariff Act Of 1930 Harms The American Economy And Why It Must Go, Courtney Cox Jan 2015

International Trade's Zero-Sum Game: How Zeroing In Accordance With The Tariff Act Of 1930 Harms The American Economy And Why It Must Go, Courtney Cox

Loyola Consumer Law Review

No abstract provided.

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The Predatory Nature Of State Lotteries, Andrew Clott Jan 2015

The Predatory Nature Of State Lotteries, Andrew Clott

Loyola Consumer Law Review

No abstract provided.

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Consumer Law In The News, John Pera Jan 2015

Consumer Law In The News, John Pera

Loyola Consumer Law Review

No abstract provided.

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"Whimsy Little Contracts" With Unexpected Consequences: An Empirical Analysis Of Consumer Understanding Of Arbitration Agreements, Paul F. Kirgis, Jeff Sovern, Elayne E. Greenberg, Yuxaing Liu Jan 2015

"Whimsy Little Contracts" With Unexpected Consequences: An Empirical Analysis Of Consumer Understanding Of Arbitration Agreements, Paul F. Kirgis, Jeff Sovern, Elayne E. Greenberg, Yuxaing Liu

Faculty Law Review Articles

Arbitration clauses have become ubiquitous in consumer contracts. These arbitration clauses require consumers to waive the constitutional right to a civil jury, access to court, and, increasingly, the procedural remedy of class representation. Because those rights cannot be divested without consent, the validity of arbitration agreements rests on the premise of consent. Consumers who do not want to arbitrate or waive their class rights can simply decline to purchase the products or services covered by an arbitration agreement. But the premise of consent is undermined if consumers do not understand the effect on their procedural rights of clicking a box …

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Undercover Investigations And Government Lawyers, Eric B. Estes Jan 2015

Undercover Investigations And Government Lawyers, Eric B. Estes

University of Arkansas at Little Rock Law Review

No abstract provided.

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Regulating For The First Time The Decision To Grant Consumer Credit: A Look At The First Steps Taken By The United States And Australia, Jeffrey Davis Jan 2015

Regulating For The First Time The Decision To Grant Consumer Credit: A Look At The First Steps Taken By The United States And Australia, Jeffrey Davis

UF Law Faculty Publications

In this Article, I discuss the changes in three consumer-credit realms. First, I compare the Australian regime applicable to all forms of consumer credit granting, including mortgage lending, to the American regulation of the consumer mortgage-granting decision. Second, I compare the Australian and American approaches to the decision to authorize use of, or increase the credit limit on, individual credit cards. Third, I compare the two approaches to regulating small short-term loans, usually called payday loans. Finally, I compare the enforcement regimes of both countries — perhaps the key to it all.

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Reforming The Regulation Of Community, Tanya D. Marsh Jan 2015

Reforming The Regulation Of Community, Tanya D. Marsh

Indiana Law Journal

The regulatory framework for financial institutions in the United States imposes significant costs on community banks without providing benefits to consumers or the economy that justify those costs. The Dodd-Frank Wall Street Reform and Consumer Protection Act builds on decades of “one-size-fits-all” regulation of financial institutions, an ill-conceived regulatory strategy that puts community banks at a competitive disadvantage as compared with their larger, more complex competitors. The imposition of regulatory burdens on community banks without attendant benefits ultimately harms both consumers and the economy by (1) forcing community banks to consolidate or go out of business, furthering the concentration of …

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Patient Recourse In International Healthcare: Arbitration And Insurance For Self-Referred Patients, Thomas S. Terranova Jan 2015

Patient Recourse In International Healthcare: Arbitration And Insurance For Self-Referred Patients, Thomas S. Terranova

Loyola Consumer Law Review

No abstract provided.

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Lift Not The Painted Veil! To Whom Are Directors’ Duties Really Owed?, Martin Gelter, Geneviève Helleringer Jan 2015

Lift Not The Painted Veil! To Whom Are Directors’ Duties Really Owed?, Martin Gelter, Geneviève Helleringer

Faculty Scholarship

In this article, we identify a fundamental contradiction in the law of fiduciary duty of corporate directors across jurisdictions, namely the tension between the uniformity of directors’ duties and the heterogeneity of directors themselves. American scholars tend to think of the board as a group of individuals elected by shareholders, even though it is widely acknowledged (and criticized) that the board is often a largely self-perpetuating body whose inside members dominate the selection of their future colleagues and eventual successors. However, this characterization is far from universally true internationally, and it tends to be increasingly less true even in the …

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It's Time To Remove The 'Mossified' Procedures For Ftc Rulemaking, Jeffrey Lubbers Jan 2015

It's Time To Remove The 'Mossified' Procedures For Ftc Rulemaking, Jeffrey Lubbers

Scholarly Articles in Law Reviews & Journals

This article, prepared for The George Washington Law Review’s Symposium “The FTC at 100,” addresses the FTC’s rulemaking process — specifically the quasi-adjudicative process mandated by the Magnuson-Moss Warranty — Federal Trade Commission Improvement Act of 1975 and the additional procedures added by the Federal Trade Commission Improvements Act of 1980 (collectively called the “Magnuson-Moss Procedures”). The article compares how long it took the FTC to complete or terminate the rulemakings it undertook under the Magnuson-Moss Procedures (including amendments to previously issued rules) with the amount of time it took the FTC to issue rules under the “regular” Administrative Procedure …

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Fixing Failure To Warn, Aaron D. Twerski, James A. Henderson Jr. Jan 2015

Fixing Failure To Warn, Aaron D. Twerski, James A. Henderson Jr.

Cornell Law Faculty Publications

Design-defect and failure-to-warn cases share the same structural elements. Just as the defendant cannot defend a case premised on defective design without knowing the specifics of how the plaintiff would redesign the product to make it safer, so with regard to defective warnings the plaintiff cannot challenge the reasonableness of the defendant's marketing or whether better warnings would have saved the plaintiff from injury without knowing the specifics of the proposed warnings. No court would accept as adequate a statement by the plaintiff that she has a general idea for a reasonable alternative design (RAD), and no court should accept …

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Contra Proferentem And The Role Of The Jury In Contract Interpretation, Ethan J. Leib, Steve Thel Jan 2015

Contra Proferentem And The Role Of The Jury In Contract Interpretation, Ethan J. Leib, Steve Thel

Faculty Scholarship

Revisiting Bill Whitford’s work on the role of the jury in contract interpretation and his work on consumer form contracting inspired us to take a careful look at a doctrine of contract interpretation that is usually thought to help consumers in interpretive battles with those who draft their contracts unilaterally. But we found that contra proferentem -- the canon that requires construing or interpreting a contract against the drafter when ambiguities arise -- is more confusing than we expected. What we have done here is lay out some of the complexities of the doctrine, focusing on its broader application outside …

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Consumer Cloud Robotics And The Fair Information Practice Principles: Recognizing The Challenges And Opportunities Ahead, Andrew Proia, Drew Simshaw, Kris Hauser Jan 2015

Consumer Cloud Robotics And The Fair Information Practice Principles: Recognizing The Challenges And Opportunities Ahead, Andrew Proia, Drew Simshaw, Kris Hauser

Scholarly Works

Rapid technological innovation has made commercially accessible consumer robotics a reality. At the same time, individuals and organizations are turning to "the cloud" for more convenient and cost-effective data storage and management. It seemed only inevitable that these two technologies would merge to create cloud robotics, "a new approach to robotics that takes advantage of the Internet as a resource for massively parallel computation and sharing of vast data resources." By making robots lighter, cheaper, and more efficient, cloud robotics could be the catalyst for a mainstream consumer robotics marketplace. However, this new industry would join a host of modern …

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Hooks V. Forman, Holt, Eliades & Ravin, Llc, Jennifer A. Gong Jan 2015

Hooks V. Forman, Holt, Eliades & Ravin, Llc, Jennifer A. Gong

NYLS Law Review

No abstract provided.

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Minding The Gap: A Call For Standardizing Pre-Dispute Arbitration Clauses In Otc Derivative Transactions, Zachary E. Davison Jan 2015

Minding The Gap: A Call For Standardizing Pre-Dispute Arbitration Clauses In Otc Derivative Transactions, Zachary E. Davison

NYLS Law Review

No abstract provided.

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"Whimsy Little Contracts" With Unexpected Consequences: An Empirical Analysis Of Consumer Understanding Of Arbitration Agreements, Jeff Sovern, Elayne E. Greenberg, Paul F. Kirgis, Yuxiang Liu Jan 2015

"Whimsy Little Contracts" With Unexpected Consequences: An Empirical Analysis Of Consumer Understanding Of Arbitration Agreements, Jeff Sovern, Elayne E. Greenberg, Paul F. Kirgis, Yuxiang Liu

Faculty Publications

Arbitration clauses have become ubiquitous in consumer contracts. These arbitration clauses require consumers to waive the constitutional right to a civil jury, access to court, and, increasingly, the procedural remedy of class representation. Because those rights cannot be divested without consent, the validity of arbitration agreements rests on the premise of consent. Consumers who do not want to arbitrate or waive their class rights can simply decline to purchase the products or services covered by an arbitration agreement. But the premise of consent is undermined if consumers do not understand the effect on their procedural rights of clicking a box …

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Saving Charitable Settlements, Christine P. Bartholomew Jan 2015

Saving Charitable Settlements, Christine P. Bartholomew

Journal Articles

This Article defies the conventional wisdom that all charitable distributions from a class action settlement fund are types of cy pres. Instead, it proposes a radical delineation between “cy pres remainders” (meaning settlement funds left over after individual monetary distributions) and “charitable settlements” (meaning money initially distributed to charities as part of class action settlements). While both have cy pres roots, these two settlement structures have been conflated, jeopardizing the potential utility of charitable settlements. After articulating more precise nomenclature for these distinct distribution methods, this Article justifies why we must preserve charitable settlements. This defense is particularly timely, as …

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