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Articles 2941 - 2970 of 4085
Full-Text Articles in Consumer Protection Law
The Trigen Case: Does This Mean Lights Out For Energy Deregulation?, Kate O'Loughlin
The Trigen Case: Does This Mean Lights Out For Energy Deregulation?, Kate O'Loughlin
Loyola Consumer Law Review
No abstract provided.
Consumer Protection In The Legal Marketplace: A Legal Consumer's Bill Of Rights Is Needed, Victor E. Schwartz, Mark A. Behrens, Cary Silverman, Rochelle M. Tedesco
Consumer Protection In The Legal Marketplace: A Legal Consumer's Bill Of Rights Is Needed, Victor E. Schwartz, Mark A. Behrens, Cary Silverman, Rochelle M. Tedesco
Loyola Consumer Law Review
No abstract provided.
Ftc V. Gill: A Step Toward Deterring Illegal Practices Of Credit Repair Organizations, Ann M. Grefe
Ftc V. Gill: A Step Toward Deterring Illegal Practices Of Credit Repair Organizations, Ann M. Grefe
Loyola Consumer Law Review
No abstract provided.
Antitrust And The Costs Of Standard-Setting: A Commentary On Teece & (And) Sherry Symposium: The Interface Between Intellectual Property Law And Antitrust Law: Commentary, Mark R. Patterson
Antitrust And The Costs Of Standard-Setting: A Commentary On Teece & (And) Sherry Symposium: The Interface Between Intellectual Property Law And Antitrust Law: Commentary, Mark R. Patterson
Faculty Scholarship
The creation of an industry standard is a process that has much in common with the creation of a patented invention. Indeed, if standards are not patentable, it is only because of certain doctrinal peculiarities of patent law. It is therefore important to preserve the incentives for organizations to incur the costs of standard-setting activity, so that society may gain the benefits of the resulting standards. The law can preserve those incentives by treating the contributions of industry standards as distinct from those of inventions that are incorporated in them. More specifically, antitrust law should ensure that the patentees of …
Product Liability: A Commentary On The Liability Of Suppliers Of Component Parts And Raw Materials, David A. Fischer
Product Liability: A Commentary On The Liability Of Suppliers Of Component Parts And Raw Materials, David A. Fischer
Faculty Publications
The liability of suppliers of raw materials and component parts for harm caused by the product into which the materials have been incorporated poses difficult questions. When the raw material or component part is clearly defective, there is no question that the supplier is liable. Thus, where an ingredient in processed food is contaminated or where a truck tire has a flaw that causes a blowout, the supplier of the ingredient or the tire is liable. The difficult questions arise where the components are not inherently defective, but the finished product is defective because it lacks a safety feature or …
Gaming Regulation And Mathematics: A Marriage Of Necessity, 35 J. Marshall L. Rev. 333 (2002), Anthony N. Cabot, Robert C. Hannum
Gaming Regulation And Mathematics: A Marriage Of Necessity, 35 J. Marshall L. Rev. 333 (2002), Anthony N. Cabot, Robert C. Hannum
UIC Law Review
No abstract provided.
Is Silence Golden When It Comes To Auditing?, 36 J. Marshall L. Rev. 57 (2002), Darin Bartholomew
Is Silence Golden When It Comes To Auditing?, 36 J. Marshall L. Rev. 57 (2002), Darin Bartholomew
UIC Law Review
No abstract provided.
Competition, Consumer Protection And Energy Deregulation: A Conference Introduction, Spencer Weber Waller
Competition, Consumer Protection And Energy Deregulation: A Conference Introduction, Spencer Weber Waller
Loyola University Chicago Law Journal
No abstract provided.
A Consumer Self-Defense Perspective On Electricity Markets, John C. Hilke
A Consumer Self-Defense Perspective On Electricity Markets, John C. Hilke
Loyola University Chicago Law Journal
No abstract provided.
Competition, Consumer Protection, And Energy Deregulation, Spencer Weber Waller
Competition, Consumer Protection, And Energy Deregulation, Spencer Weber Waller
Faculty Publications & Other Works
No abstract provided.
Consumer Protection Gaining Strength Under State Antitrust Suits, Amanda Strainis-Walker
Consumer Protection Gaining Strength Under State Antitrust Suits, Amanda Strainis-Walker
Public Interest Law Reporter
No abstract provided.
Default Rules In Sales And The Myth Of Contracting Out, James J. White
Default Rules In Sales And The Myth Of Contracting Out, James J. White
Articles
In this article, I trace the dispute in the courts and before the ALI and NCCUSL over the proper contract formation and interpretation default rules. In Part II, I consider the Gateway litigation. In Part III, I deal with UCITA and the revision to Article 2. In Part IV, I consider the merits of the competing default rules.
Bombing Markets, Subverting The Rule Of Law: Enron, Financial Fraud, And September 11, 2001, Faith Stevelman
Bombing Markets, Subverting The Rule Of Law: Enron, Financial Fraud, And September 11, 2001, Faith Stevelman
Articles & Chapters
No abstract provided.
The Purloined Personality: Consumer Profiling In Financial Services
The Purloined Personality: Consumer Profiling In Financial Services
San Diego Law Review
Although almost every sector of the U.S. economy practices consumer profiling,perhaps the most substantive challenge to consumer privacy is found in the activities surrounding the use and disclosure of consumer transaction data by the financial services industry. For that reason, this Comment focuses exclusively on consumer profiling in the context of the financial services sector, defined as banks, credit card issuers, brokerages, and insurance companies.
Acquisitions By Partially Privitized Firms: The Case Of Deutsche Telekom And Voicestream, J. Gregory Sidak
Acquisitions By Partially Privitized Firms: The Case Of Deutsche Telekom And Voicestream, J. Gregory Sidak
Federal Communications Law Journal
A recent phenomenon in competition policy is the acquisition of a private firm by an enterprise that is either wholly owned by government or in the midst of privatization. Such an acquisition poses the question of how public ownership may alter the incentives of a firm to engage in anticompetitive conduct. It also prompts one to examine the process by which such altered incentives revert, as the level of government ownership declines, to the same incentives that face purely private firms. Using Deutsche Telekom's acquisition of VoiceStream Wireless as a case study, this Article presents the economic questions relevant to …
Dial 911 And Report A Congressional Empty Promise: The Wireless Communications And Public Safety Act Of 1999, Peter P. Ten Eyck
Dial 911 And Report A Congressional Empty Promise: The Wireless Communications And Public Safety Act Of 1999, Peter P. Ten Eyck
Federal Communications Law Journal
Designed to promote the prompt deployment of a seamless emergency services infrastructure to meet the nation's safety needs, the 911 Act not only instructs the FCC to assign the abbreviated dialing code 911 for use as the universal emergency telephone number, but also directs the Commission to establish appropriate transition periods for compliance in areas without 911 service. Furthermore, the 911 Act supports individual states' efforts to develop comprehensive emergency communications. Although improving the 911 system and saving lives by developing an end-to-end emergency communications network are commendable goals, this Note argues that the anemic 911 Act is an important …
Why Are We So Reluctant To "Execute" Microsoft?, Robert H. Lande
Why Are We So Reluctant To "Execute" Microsoft?, Robert H. Lande
All Faculty Scholarship
On June 28, 2001, the D.C. Court of Appeals held that Microsoft has violated the antitrust laws repeatedly, relentlessly, and over a multi-year period. The court ruled eight separate times that Microsoft engaged in conduct that illegally maintained its monopoly in PC operating systems. Despite these strongly worded conclusions concerning Microsoft’s liability, the court was extremely cautious when it considered whether to break up the company. It held that divestiture was a “radical” remedy that should be imposed with “great caution.”
The Perfect Caper?: Private Damages And The Microsoft Case, Robert H. Lande, James Langenfeld
The Perfect Caper?: Private Damages And The Microsoft Case, Robert H. Lande, James Langenfeld
All Faculty Scholarship
As readers of crime novels know, there are many definitions of the perfect caper. Under most, the perpetrator gets to keep its ill-gotten gains and goes unpunished. Even if the perpetrator is arrested and brought to trial, he or she still typically escapes punishment completely due to a variety of unusual circumstances. This is essentially what Professors John E. Lopatka and William H. Page are arguing about Microsoft's actions. They assert that even though Microsoft has violated the antitrust laws, it will not be made to pay for its anticompetitive conduct, at least not by private plaintiffs.
Don't Tread On Me: Faster Than A Tire Blowout, Congress Passes Wide-Sweeping Legislation That Treads On The Thirty-Five Year Old Motor Vehicle Safety Act, Kevin M. Mcdonald
Don't Tread On Me: Faster Than A Tire Blowout, Congress Passes Wide-Sweeping Legislation That Treads On The Thirty-Five Year Old Motor Vehicle Safety Act, Kevin M. Mcdonald
Buffalo Law Review
No abstract provided.
Drug Designs Are Different, James A. Henderson Jr., Aaron Twerski
Drug Designs Are Different, James A. Henderson Jr., Aaron Twerski
Cornell Law Faculty Publications
No abstract provided.
Rethinking The Discharge Of Pre-Petition Attorney Fees In Chapter 7 Bankruptcy: A Debtor Oriented Perspective, James L. Neher
Rethinking The Discharge Of Pre-Petition Attorney Fees In Chapter 7 Bankruptcy: A Debtor Oriented Perspective, James L. Neher
University of the District of Columbia Law Review
The courts are split over a provision of the Bankruptcy Code,' in which the majority courts hold that upon the filing of a Chapter 7 bankruptcy, 2 unpaid attorney fees, for pre-petition work in connection with preparing and filing bankruptcy, are discharged. In contrast, the minority view holds that attorney fees in connection with preparing and filing a bankruptcy are not dischargeable whether prepaid or not, as long as they are not excessive.4 The problem with the majority view is that indigent debtors may be deprived of access to legal counsel unless they can pay all or most of their …
In The Litigation Business: Insurance Company Liability For Acts Occurring In The Course Of Litigation Under The Washington Consumer Protection Act, Kasey D. Huebner
In The Litigation Business: Insurance Company Liability For Acts Occurring In The Course Of Litigation Under The Washington Consumer Protection Act, Kasey D. Huebner
Washington Law Review
Insurance companies generally have much greater bargaining power and resources than individual insureds When a claim by an insured against an insurance company fails to settle amicably and is followed by a lawsuit, the insured has few options should the insurance company behave unfairly or deceptively in the course of the litigation. The Washington Consumer Protection Act protects consumers from deceptive and bad faith acts by businesses, including insurance companies Although Washington courts have created a general exception disallowing CPA suits for acts occurring in the course of litigation, Washington case law has not directly or clearly addressed whether this …
The Public Interest Standard: Is It Too Indeterminate To Be Constitutional?, Randolph J. May
The Public Interest Standard: Is It Too Indeterminate To Be Constitutional?, Randolph J. May
Federal Communications Law Journal
This Article argues that the congressional delegation of public interest authority to the FCC likely violates the nondelegation doctrine that inheres in the constitutional separation of powers scheme and that, even if the courts do not hold the public interest delegation unconstitutional, Congress should revise the Communications Act to set forth more specific guidance for the FCC. In today’s environment of “convergence,” in which competition is flourishing across communications sectors, Congress should not shirk its responsibility to establish fundamental policy for an industry that contributes so much to the overall health of our economy. This Article argues that Congress should …
Consumer Choice As The Ultimate Goal Of Antitrust, Robert H. Lande
Consumer Choice As The Ultimate Goal Of Antitrust, Robert H. Lande
All Faculty Scholarship
The mission of the antitrust laws need to be clarified, and this article asserts that the best way to do this is to interpret and enforce these laws in terms of consumer choice. This reformulation is necessary due to uncertainty and instability that exists in the field. This article will 1. define the consumer choice approach to antitrust or competition law and show how it differs from other approaches; 2. show that the antitrust statutes and theories of violation embody a concern for optimal levels of consumer choice; 3. show that the antitrust case law embodies a concern for optimal …
Trusting And Non-Trusting On The Internet, Tamar Frankel
Trusting And Non-Trusting On The Internet, Tamar Frankel
Faculty Scholarship
The Puzzle: The Internet is a wonderful innovation, allowing people around the world to communicate, trade, and obtain services. Convenient and rich in choices and opportunities, the Internet is tremendously attractive to buyers. Naturally, businesses are flocking to the Internet. The warning has been sounded that those who do not stake a claim in this incredible new communication medium will be left behind to perish. Yet, with all the enthusiasm, many buyers hesitate to take a serious plunge. Businesses are told repeatedly that they must obtain their customers' trust, yet find it more difficult to gain this trust in cyberspace …
Privacy In The Commercial World: Online Consumer Privacy Concerns: Hearing Before The H. Subcomm. On Commerce, Trade, And Consumer Protection Of The H. Comm. On Energy, 107th Cong., Mar. 1, 2001 (Statement Of Chai R. Feldblum, Prof. Of Law, Geo. U. L. Center), Chai R. Feldblum
Testimony Before Congress
No abstract provided.
Protecting Privacy And Enabling Pharmaceutical Sales On The Internet: A Comparative Analysis Of The United States And Canada, Nicole A. Rothstein
Protecting Privacy And Enabling Pharmaceutical Sales On The Internet: A Comparative Analysis Of The United States And Canada, Nicole A. Rothstein
Federal Communications Law Journal
The Internet raises enhanced and unique concerns regarding informational health privacy and Internet pharmacy sales. As technology advances and the Internet changes the way people obtain medical services and products, protecting consumers and their informational health data in online pharmaceutical transactions is paramount. This Comment charts and compares the existing legal frameworks in the United States and Canada relative to informational health privacy. Following this discussion, each legal framework comes into sharp focus with regard to Internet pharmacy sales. Ultimately, this Comment concludes that based on the highly sensitive nature of personal medical information, a baseline privacy standard should be …
Blame It On The Cybersquatters: How Congress Partially Ends The Circus Among The Circuits With The Anticybersquatting Consumer Protection Act, Xuan-Thao N. Nguyen
Blame It On The Cybersquatters: How Congress Partially Ends The Circus Among The Circuits With The Anticybersquatting Consumer Protection Act, Xuan-Thao N. Nguyen
Loyola University Chicago Law Journal
No abstract provided.
Self-Prescribing Medication: Regulating Prescription Drug Sales On The Internet, 20 J. Marshall J. Computer & Info. L. 57 (2001), Kristin Yoo
UIC John Marshall Journal of Information Technology & Privacy Law
"Online pharmacies, your friendly neighborhood drugstores." The Internet is not only a great telecommunication medium but also a low-cost and convenient commercial marketplace. It is no exception that online pharmacies flourished as a result, but the consequences of such development pose grave danger to the public and great challenges to regulations. The author discusses the benefits and risk of online pharmacies, the different types of online pharmacies, state governments' involvement in regulating online prescriptions and federal involvements. Despite both state and federal legislations and regulations, proliferation of online pharmacies, established inside and outside of the US, proves to be a …
Consumers And Congress Lobby For Airline Customer Service Improvements: Voluntary Action Or Legislation?, Audrey Johnson
Consumers And Congress Lobby For Airline Customer Service Improvements: Voluntary Action Or Legislation?, Audrey Johnson
Loyola Consumer Law Review
No abstract provided.