Consumer Protection Law Commons^™

Court Protects Secured Creditor's Self-Help Remedy, Michael Foster

Loyola Consumer Law Review

No abstract provided.

Accident Victims' Right To Privacy Upheld Over Attorneys' Free Speech Rights, Sara E. Neff

Loyola Consumer Law Review

No abstract provided.

Attorney Liability Under The Fair Debt Collection Practices Act, Chad M. Knight

Kentucky Law Journal

No abstract provided.

"Weightier Than A Mountain": Duty, Hierarchy, And The Consumer In Japan, Anita Bernstein, Paul Fleming

Faculty Scholarship

No abstract provided.

Hamilton V. Accutek: Potential Collective Liability Of The Handgun Industry For Negligent Marketing, Tyrone Hughes

Touro Law Review

No abstract provided.

"Weightier Than A Mountain": Duty, Hierarchy, And The Consumer In Japan, Anita Bernstein, Paul Fanning

Vanderbilt Journal of Transnational Law

The authors analyze the 1994 Japanese products liability law from a national-culture perspective. After examining the historical backdrop of the consumer's social role in both the United States and Japan, the authors argue that the new law cannot create a strict liability system like that of the United States in Japan, because the unique Japanese cultural context and its manipulation discourage the use of the legal process to advance consumer interests.

Prescription Drug Design Liability Under The Proposed Restatement (Third) Of Torts: A Reporter's Perspective, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.

Representing The Unrepresented In Class Action Settlements, Brian Wolfman

Georgetown Law Faculty Publications and Other Works

Class actions are important and useful both to deter wrongful conduct and to provide compensation for injured plaintiffs. In complex cases, however, the existing class action structure falters. In this article, Messrs. Wolfman and Morrison argue that in "settlement class actions" the current class action rules do not adequately protect class members whose interests do not coincide with those of the class representatives and the class attorneys. Through a survey of recent, prominent settlement class actions, the authors show that the current system does not fairly treat subgroups in a class with respect to matters as diverse as future injury, …

Liability For Unreasonably And Unavoidably Unsafe Products: Does Negligence Doctrine Have A Role To Play, Joseph A. Page

Georgetown Law Faculty Publications and Other Works

To what extent, if any, should courts hold defendants liable for harm caused by hazards associated with the unduly and unavoidably dangerous aspects of goods they produce and market?

Where manufacturers might have eliminated unreasonable risks arising from the manufacture or design of a product, or from the information (or lack thereof) conveyed by a product's labeling, the tort system traditionally has provided injured victims with an opportunity to obtain compensation for injuries attributable to these risks. Moreover, even where risks from manufacturing or construction defects could not have been eliminated with the exercise of reasonable care, the courts have …

Your Life As An Open Book: Has Technology Rendered Personal Privacy Virtually Obsolete?, Sandra Byrd Peterson

Federal Communications Law Journal

As society becomes increasingly automated, the ability of individuals to protect their "information privacy" is practically nonexistent. Information that was once kept on paper in filing cabinets is now on-line in computer databases. At the touch of a computer key, a complete stranger can conveniently access and compile from a variety of different sources a dossier of intimate, personal information about people without their knowledge. Perhaps more shocking is the current lack of legal recourse available to contest the nonconsensual use of personal data.

In this Note, the Author examines the currently loose constitutional and common-law protections and suggests strategies …

In God We Trust; All Others Who Enter This Store Are Subject To Surveillance, Karen A. Springer

Federal Communications Law Journal

Until recently, Americans could enjoy a quiet conversation over a doughnut and a cup of coffee with the knowledge that the conversation was indeed private. Dramatically, the illusion broke: the "walls have ears" at some Dunkin' Donuts shops in the form of hidden microphones. Employees and management actually listened to customers' "coffee talk." This Note analyzes the requirements of Title III of the Omnibus Crime Control and Safe Streets Act of 1968 and concludes that the surreptitious recording of customers' oral communications violates the spirit and letter of the Act.

How Can A Product Be Liable?, Anita Bernstein

Faculty Scholarship

No abstract provided.

Department Of Consumer Affairs, C. Kendall

California Regulatory Law Reporter

No abstract provided.

Department Of Consumer Affairs, J. D'Angelo

California Regulatory Law Reporter

No abstract provided.

Regulating Viatical Settlements: Is The Invisible Hand Picking The Pockets Of The Terminally Ill?, Russell J. Herron

University of Michigan Journal of Law Reform

The newly emerging viatical settlement industry has attracted considerable attention from both insurance regulators and advocates for the terminally ill. In a viatical settlement, a terminally ill person names a viatical settlement company as beneficiary under his life insurance policy in exchange for an immediate lump-sum cash payment of less than face value of the policy. To date, viatical settlement payments to people with AIDS (PWAs) have been disturbingly low as a percentage of the face value of PWA policies. This Note examines the few enacted viatical settlement regulations and the National Association of Insurance Commissioners' model regulations as they …

Flag On The Play? The Siphoning Effect On Sports Television, Phillip M. Cox Ii

Federal Communications Law Journal

The tradition of watching the Sunday afternoon football game in front of the television began in 1939. Since then, sports broadcasting has become one of the most powerful revenue-building tools for both media and sports leagues alike. Sports programming is increasingly available only through cable and pay-per-view television, which limits viewers' access to free broadcast televised sporting events. Legislators have now directed the Federal Communications Commission to study the effects of paid access to sports broadcasts, with an eye toward protecting viewers' rights to free access to sports on television.

This Note explains the impact of the Sports Broadcasting Act …

Rates Of Time Preference And Consumer Valuations Of Automobile Safety And Fuel Efficiency, W. Kip Viscusi, Mark K. Dreyfus

Vanderbilt Law School Faculty Publications

This article estimates hedonic price models for automobiles using a data set on almost 3,000 households from the U.S. Department of Energy Residential Transportation Energy Consumption Survey. The standard hedonic models are generalized to recognize the role of discounting of fuel efficiency and safety, yielding an estimated rate of time preference ranging from 11 to 17 percent. This range includes the prevailing rate of interest for car loans in 1988 and is consequently consistent with market rates. Purchasers exhibit an implicit value of life ranging from $2.6 to $3.7 million, which is within the range found in the labor market …

Hair Product Fails To Meet Federal Trade Commission Act Standard For Effectiveness, Julianne Moody

Loyola Consumer Law Review

No abstract provided.

Recent Laws

Loyola Consumer Law Review

No abstract provided.

Credit Card Payments Due On Sunday Must Be Received By Sunday, Jennifer L. Fitzgerald

Loyola Consumer Law Review

No abstract provided.

Solutions To The Affordable Housing Crisis: Perspectives On Privatization, 28 J. Marshall L. Rev. 263 (1995), Peter W. Salsich Jr.

UIC Law Review

No abstract provided.

Hospital Held Strictly Liable For Defective Implant, Cary R. Latimer

Loyola Consumer Law Review

No abstract provided.

Fraudulent Scheme Nets Damage And Fees, Elizabeth Abbene

Loyola Consumer Law Review

No abstract provided.

Renter Protected Only At Time Of Leasing Agreement, Sandra Berzups

Loyola Consumer Law Review

No abstract provided.

Plain English Statutes - Long Overdue Or Underdone?, Michael S. Friman

Loyola Consumer Law Review

No abstract provided.

Safety Act Does Not Preempt, Dana Rhodes

Loyola Consumer Law Review

No abstract provided.

Smoker Blames Cancer Related Death On Manufacturer, J. David Gorin

Loyola Consumer Law Review

No abstract provided.

Car Dealership Liable For Misrepresenting Vehicle Odometer Readings, Elizabeth Abbene

Loyola Consumer Law Review

No abstract provided.

Landlords Entitled To Setoff Security Deposit After Expiration Of Statute Of Limitations, Sandra D. Berzups

Loyola Consumer Law Review

No abstract provided.

Strict Liability For Inadequate Warning Applies Even When Vaccines Are Unavoidably Unsafe, Ellen Sugrue Hyman

Loyola Consumer Law Review

No abstract provided.