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Articles 2731 - 2760 of 4085

Full-Text Articles in Consumer Protection Law

Literature As An Institution, Bernhard Schlink May 2005

Literature As An Institution, Bernhard Schlink

Cardozo Law Review

No abstract provided.


European Union Food Law Update, Nicole Coutrelis May 2005

European Union Food Law Update, Nicole Coutrelis

Journal of Food Law & Policy

The purpose of this update is to present the main events that have taken place each six months in the food law sector in the European Union (E.U.). This presentation will cover June through December 2004, but is not exhaustive. This update will not include detailed discussions of regulations, such as authorizations of new additives for animal feed or registrations of new geographic names. Instead it will concentrate on fundamental topics and focus on food, which excludes from our scope questions regarding the management of agricultural products (Common Agricultural Policy, or CAP). However, some questions which legally pertain to the …


United States Food Law Update, Michael T. Roberts, Margie Alsbrook May 2005

United States Food Law Update, Michael T. Roberts, Margie Alsbrook

Journal of Food Law & Policy

The one constancy about food law in the United States is change, especially in a rapidly-developing food industry. Innovations in food technology, shifts in popular culture and tastes, concerns of safety and nutrition, pressures from international markets, all contribute to the changing landscape of food law. These changes are reflected in new federal statutes, regulations, administrative decisions, and judicial decisions.


Genetic Information, Privacy And Insolvency, Edward J. Janger Apr 2005

Genetic Information, Privacy And Insolvency, Edward J. Janger

Faculty Scholarship

No abstract provided.


A Fictional Tale Of Unintended Consequences: A Response To Professor Wertheimer, Aaron Twerski, James A. Henderson Jr. Apr 2005

A Fictional Tale Of Unintended Consequences: A Response To Professor Wertheimer, Aaron Twerski, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.


Is Tiger Woods’S Swing Really A Work Of Art? Defining The Line Between The Right Of Publicity And The First Amendment, Michael R. Suppappola Mar 2005

Is Tiger Woods’S Swing Really A Work Of Art? Defining The Line Between The Right Of Publicity And The First Amendment, Michael R. Suppappola

ExpressO

My Comment, “Is Tiger Woods’s Swing Really a Work of Art? Defining the Line Between the Right of Publicity and the First Amendment,” focuses on the controversial “right of publicity,” a legal doctrine which is now recognized in the majority of states either at common law or by statute. The right of publicity allows athletes and celebrities to exclude others from using an entertainer’s likeness or image absent express permission. Although advocates claim that the right is needed to allow celebrities to profit from their own labor and goodwill, my Comment outlines how the right of publicity endangers traditional First …


Material Vulnerabilities: Data Privacy, Corporate Information Security And Securities Regulation, Andrea M. Matwyshyn Mar 2005

Material Vulnerabilities: Data Privacy, Corporate Information Security And Securities Regulation, Andrea M. Matwyshyn

ExpressO

This article undertakes a normative and empirical legal inquiry into the manner information security vulnerabilities are being addressed through law and in the marketplace. Specifically, this article questions the current legislative paradigm for information security regulation by presenting a critique grounded in information security and cryptography theory. Consequently, this article advocates shifting our regulatory approach to a process-based security paradigm that focuses on improving security of our system as a whole. Finally, this article argues that in order to accomplish this shift with least disruption to current legal and economic processes, expanding an existing set of well-functioning legal structures is …


Let The States Legislate, David J. Reiss Mar 2005

Let The States Legislate, David J. Reiss

Cornell Law Faculty Working Papers

Predatory lending was the most pressing consumer protection issue of 2004. Indeed, the Center for Responsible Lending found that predatory loans cost U.S. families more than $9 billion a year. It is such a serious problem that it looks as if major changes are in store in 2005 for how loans are to be made.


Global Credit Card Use And Debt: Policy Issues And Regulatory Responses, Ronald J. Mann Mar 2005

Global Credit Card Use And Debt: Policy Issues And Regulatory Responses, Ronald J. Mann

ExpressO

The rise of card-based payments has transformed the landscape of payments in the last half century, from one dominated by government-supported paper-based payments to one dominated by wholly private systems. The rise of those payments presents a number of policy problems, the most serious of which is the empirically demonstrable likelihood that use of the cards contributes to an undue level of consumer credit and that borrowing on the cards contributes to a rise in the level of consumer bankruptcy. Although the existing pattern shows great variation from country to country, regulators should take no solace in those variations. Building …


Universal Service: Problems, Solutions, And Responsive Policies, Allen S. Hammond Iv Mar 2005

Universal Service: Problems, Solutions, And Responsive Policies, Allen S. Hammond Iv

Federal Communications Law Journal

No abstract provided.


Major Lenders' May Violate Due Process By Enforcing One-Sided Arbitration Contracts To Avoid Borrowers' Defenses To Foreclosure, Lynn E. Cunningham Feb 2005

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 Feb 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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.