Consumer Protection Law Commons^™

The Failure Of Breast Cancer Informed Consent Statuses, Rachael Anderson-Watts

Michigan Journal of Gender & Law

Breast cancer informed consent legislation was introduced in response to breast cancer patient discontent with doctor-patient relationships. Physicians do not always believe that explaining treatment alternatives is important, and in this respect, legislation promoting the discussion of alternative treatment could be positive for breast cancer patients, many of whom do in fact have several viable medical options. Studies have found, however, that these statutes have no lasting impact on patient decision-making. Why aren't these patient-driven statutes affecting patient decision-making? And why is medical advice coming from the law at all? This Article argues that this legislation is a poor tool …

Reflections On The Mirror Image Doctrine: Should The Federal Trade Commission Regulate False Advertising For Books Promising Wealth, Weight Loss, And Miraculous Cures?, Keith R. Fentonmiller

West Virginia Law Review

No abstract provided.

Cartel Overcharges And Optimal Cartel Fines, John M. Connor, Robert H. Lande

All Faculty Scholarship

This Article examines whether the current penalties in the United States Sentencing Guidelines are set at the appropriate levels to deter illegal price fixing cartels optimally. The authors analyze two data sets to determine how high on average cartels raise prices. The first consists of every published scholarly economic study of the effects of cartels on prices in individual cases. The second consists of every final verdict in a U.S. antitrust case in which a neutral finder of fact reported collusive overcharges. They report average overcharges of 49% and 31% for the two data sets, and median overcharges of 25% …

Is Preemption Right For You - The Third Circuit Applies Preemption To A Misleading Drug Advertisement Claim In Pennsylvania Employee Benefit Trust Fund V. Zeneca, Inc., Diana Rabeh

Villanova Law Review (1956 - )

No abstract provided.

Does Fraud Pay? An Empirical Analysis Of Attorney's Fees Provisions In Consumer Fraud Statutes, 56 Clev. St. L. Rev. 483 (2008), Debra Pogrund Stark, Jessica M. Choplin

UIC Law Open Access Faculty Scholarship

No abstract provided.

A Key To Unlocking Your Iphone: Eliminating Wireless Service Providers' Use Of United States Copyright Law To Limit Consumer Choice And Provider Competition, Tate M. Keenan

Georgia Law Review

While consumers have a choice whether to purchase an iPhone, they have no choice in the wireless service provider that is linked to it. This is just one example of what has become a regular practice in the world of American cellular phones--cell phone locking. Today, modern American cell phone users stand at the mercy of wireless service providers. They are placed in this position in part because wireless service providers have had the inadvertent luxury of being overly protected by United States copyright law. As the law stands today, wireless service providers are not only free to lock handsets …

The Role Of Monopolization And Abuse Of Dominance In Competition Law, Spencer Weber Waller

Loyola Consumer Law Review

No abstract provided.

Transcript

Loyola Consumer Law Review

No abstract provided.

Editors Note, Jeffrey M. Sussman

Loyola Consumer Law Review

No abstract provided.

Transcript

Loyola Consumer Law Review

No abstract provided.

Remedies - How Far And How Much, George Addy, Anita Banicevic

Loyola Consumer Law Review

No abstract provided.

Transcript

Loyola Consumer Law Review

No abstract provided.

Antitrust (Over-?) Confidence, Thomas A. Lambert, Joshua D. Wright

Loyola Consumer Law Review

No abstract provided.

Picking Over The Cfi Microsoft Judgment Of 17 September, 2007, Philip Marsden Dr.

Loyola Consumer Law Review

No abstract provided.

Adding Injury To Injury: Inadequate Protection Of Tenants' Property During Eviction And The Need For Reform, Larry Weiser, Matthew T. Treu

Loyola Consumer Law Review

No abstract provided.

Be Careful What You Click For: An Analysis Of Online Contracting, Rachel S. Conklin

Loyola Consumer Law Review

No abstract provided.

Supreme Court Restricts State Tort Claims Against Federally-Approved Medical Devices, Thomas A. Mccann

Loyola Consumer Law Review

No abstract provided.

Concealment Of Information In Consumer Transactions In The United States, Sweden, And China: A Window To The Relationship Between Individualism And Regulation, M. Neil Browne, Justin Rex, Curtis Bunner

Loyola Consumer Law Review

No abstract provided.

Second Circuit Shuts Down New York's Airline Passenger Bill Of Rights, Thomas A. Mccann

Loyola Consumer Law Review

No abstract provided.

Enforcement Practices For Breaches Of Consumer Protection Legislation, Michael Faure, Anthony Ogus, Niels Philipsen

Loyola Consumer Law Review

No abstract provided.

A' La Carte V. Channel Bundling: The Debate Over Video Programming Distribution, Christopher T. Buckley

Loyola Consumer Law Review

No abstract provided.

Icompete: Analyzing Vendor-Exclusive Smartphone Tying Arrangements Under Federal Law, Andrew Greenhalgh

Loyola Consumer Law Review

No abstract provided.

To Stop A Predator: Is A Complete Ban On For-Profit Foreclosure Rescue Operations The Best Way To Prevent Equity Stripping?, Allison D. Matthews

Loyola Consumer Law Review

No abstract provided.

Calls For More Wireless Regulation Heating Up In Congress, Thomas A. Mccann

Loyola Consumer Law Review

No abstract provided.

Regional Sports Networks, Competition, And The Consumer, Diana Moss

Loyola Consumer Law Review

No abstract provided.

Vertical Price Restraints After Leegin, Edward D. Cavanagh

Loyola Consumer Law Review

No abstract provided.

Of Selling The Environment - Buyer Beware? An Evaluation Of The Proposed F.T.C. Green Guides Revisions, Jennifer Woods

Loyola Consumer Law Review

No abstract provided.

Interpretation And Disclosure In Insurance Contracts, Dudi Schwartz

Loyola Consumer Law Review

This Essay has two goals: one descriptive and one normative.Descriptively, it explicates the connection between interpretation of insurance contracts and the Insurer's disclosure duty. Disclosure duties and interpretation rules constitute a two way street. The interpretation of insurance contracts by courts, ex post, influences the incentives of insurance companies to disclose information to consumers, ex ante. Correspondingly, the scope of ex ante disclosure by insurance companies impacts the willingness of courts to overwrite insurance contracts by broadly interpreting provisions to increase the liability of insurance companies. To illustrate this claim, the Essay discusses the two principal interpretive tools used by …

Towards A Market For Bank Safety, Chris Jay Hooofnagle

Loyola Consumer Law Review

Imagine shopping for a car in 1960. Safety is important to you. How do you assess a car's performance in surviving a crash? What tools were available then to take an informed decision?

The modern consumer of financial services is in a similar position as the car shopper of the z96os. How does the modern consumer choose a bank that is relatively safe from identity thieves and other malicious individuals? Perhaps she chooses the larger institution, because it has more resources to address fraud. Or perhaps a smaller institution offers more protection, because it is more obscure. There is no …

This Is The End... My Friend: Disgorgement, Dissolution And Sequestration As Remedies Under State Udap Statutes, Michael Flyn

Loyola Consumer Law Review

No abstract provided.