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Consumer Protection Law Commons™

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Articles 2761 - 2790 of 4085

Full-Text Articles in Consumer Protection Law

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

"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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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.


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 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 Durkin

Scholarly Articles

The thesis of this article is that a more workable approach to characterizing fees for optional products and services is possible by focusing on charges that represent payment for discrete products or services of value to the consumer, freely chosen by consumers as contract options which do not affect the amount of credit available to the consumer, the consumer's access to it, or the allocation of payment responsibility and credit risk in the transaction or plan. In other words, these fees are for separate-or separable-purchases, analogous to subsequent events in closed-end credit that require no new disclosure or adjustment in …


State Consumer Protection Statutes: An Alternative Approach To Solving The Problem Of Predatory Mortgage Lending, Jessica Fogel Jan 2005

State Consumer Protection Statutes: An Alternative Approach To Solving The Problem Of Predatory Mortgage Lending, Jessica Fogel

Seattle University Law Review

This article continues in Part II by defining predatory lending practices, identifying borrowers who are likely to face predatory lenders, and discussing the consequences of predatory lending. Next, Part III provides a background for existing federal regulation, again in reference to RESPA and TILA. Part IV discusses state legislative efforts to curb predatory lending and identifies the problems of inconsistency and federal exemptions that undermine these state statutes. Part V examines the elements of state consumer protection acts and unfair and deceptive acts or practices ("UDAP") statutes and their application to predatory practices. Part VI argues that, because consumer protection …


Choosing Among Antitrust Liability Standards Under Incomplete Information: Assessments Of And Aversions To The Risk Of Being Wrong, Barbara Ann White Jan 2005

Choosing Among Antitrust Liability Standards Under Incomplete Information: Assessments Of And Aversions To The Risk Of Being Wrong, Barbara Ann White

All Faculty Scholarship

This essay analyzes the three papers presented on a panel I organized as chair of the AALS Antitrust Section entitled Evolving Antitrust Treatment of Dominant Firms for the 2005 Annual Meetings. Steve Salop’s and Doug Melamed’s papers recommend standards for government intervention while David McGowan argues why the government should not.

I create a framework within which to understand the three papers’ relationship to each other, by building on McGowan’s characterization of courts’ antitrust decisions. Since antitrust decisions are based on inherently incomplete real world information, they are subject to “error costs”: Courts are at risk of “false positives” (finding …


In Search Of Economic Justice: Considering Competition And Consumer Protection Law, Spencer Weber Waller Jan 2005

In Search Of Economic Justice: Considering Competition And Consumer Protection Law, Spencer Weber Waller

Loyola University Chicago Law Journal

No abstract provided.


Behavioral Economics, Overindebtedness & Comparative Consumer Bankruptcy: Searching For Causes And Evaluating Solutions, 22 Emory Bankr. Dev. J. 13 (2005), Jason Kilborn Jan 2005

Behavioral Economics, Overindebtedness & Comparative Consumer Bankruptcy: Searching For Causes And Evaluating Solutions, 22 Emory Bankr. Dev. J. 13 (2005), Jason Kilborn

UIC Law Open Access Faculty Scholarship

No abstract provided.


Civil Codes And Consumers, 51 Loy. L. Rev. 11 (2005), Jason Kilborn Jan 2005

Civil Codes And Consumers, 51 Loy. L. Rev. 11 (2005), Jason Kilborn

UIC Law Open Access Faculty Scholarship

No abstract provided.


Consumer Brings First-Ever Rico Suit Against National Mover, Douglas C. Nelson Jan 2005

Consumer Brings First-Ever Rico Suit Against National Mover, Douglas C. Nelson

Loyola Consumer Law Review

No abstract provided.


Vioxx Scandal Sparks Criticism Of The Fda, Douglas C. Nelson Jan 2005

Vioxx Scandal Sparks Criticism Of The Fda, Douglas C. Nelson

Loyola Consumer Law Review

No abstract provided.


Protecting Our Food: A Critical Look At The National Uniformity For Food Act Of 2004 And Food Safety In America, Megan Danko Jan 2005

Protecting Our Food: A Critical Look At The National Uniformity For Food Act Of 2004 And Food Safety In America, Megan Danko

Loyola Consumer Law Review

No abstract provided.


Spies Among Us: Can New Legislation Stop Spyware From Bugging Your Computer?, Michael D. Lane Jan 2005

Spies Among Us: Can New Legislation Stop Spyware From Bugging Your Computer?, Michael D. Lane

Loyola Consumer Law Review

No abstract provided.


The Regional Mri Case: A Study In The Use Of Independent Contracts In Florida's Pip Insurance Litigation, Rachel Teresa Wright Jan 2005

The Regional Mri Case: A Study In The Use Of Independent Contracts In Florida's Pip Insurance Litigation, Rachel Teresa Wright

Loyola Consumer Law Review

No abstract provided.


Debate Over Medical Malpractice Liability Heats Up, Douglas C. Nelson Jan 2005

Debate Over Medical Malpractice Liability Heats Up, Douglas C. Nelson

Loyola Consumer Law Review

No abstract provided.


Oral Arguments Heard: Consumers Anticipate Free Flow Of Wine From Upcoming Supreme Court Decision, Douglas C. Nelson Jan 2005

Oral Arguments Heard: Consumers Anticipate Free Flow Of Wine From Upcoming Supreme Court Decision, Douglas C. Nelson

Loyola Consumer Law Review

No abstract provided.


Wine Lovers Win Battle, Could Lose War, Ryan Eddings Jan 2005

Wine Lovers Win Battle, Could Lose War, Ryan Eddings

Loyola Consumer Law Review

No abstract provided.


A Critical Look At The Non-Economic Damage Cap Of The Health Act Of 2005 And Its Impact On Consumers, Shirley Chiu Jan 2005

A Critical Look At The Non-Economic Damage Cap Of The Health Act Of 2005 And Its Impact On Consumers, Shirley Chiu

Loyola Consumer Law Review

No abstract provided.


Trademark "Coexistence" Agreements: Legitimate Contracts Or Tools Of Consumer Deception?, Marianna Moss Jan 2005

Trademark "Coexistence" Agreements: Legitimate Contracts Or Tools Of Consumer Deception?, Marianna Moss

Loyola Consumer Law Review

No abstract provided.


Antitrust Implications Of The Credit Card Interchange Fee And An International Survey, Avril Mckean Dieser Jan 2005

Antitrust Implications Of The Credit Card Interchange Fee And An International Survey, Avril Mckean Dieser

Loyola Consumer Law Review

No abstract provided.


How The Antitrust Modernization Commission Should View State Antitrust Enforcement, Robert L. Hubbard, James Yoon Jan 2005

How The Antitrust Modernization Commission Should View State Antitrust Enforcement, Robert L. Hubbard, James Yoon

Loyola Consumer Law Review

No abstract provided.


The Business And Legal Obstacles To The Open Access Publishing Movement For Science, Technical, And Medical Journals, Leslie A. Harmel Jan 2005

The Business And Legal Obstacles To The Open Access Publishing Movement For Science, Technical, And Medical Journals, Leslie A. Harmel

Loyola Consumer Law Review

No abstract provided.


A New Chapter In Consumer Bankruptcy Law, Douglas C. Nelson Jan 2005

A New Chapter In Consumer Bankruptcy Law, Douglas C. Nelson

Loyola Consumer Law Review

No abstract provided.