Consumer Protection Law Commons^™

Federal Medicare Law Does Not Preempt State Regulation Of Hmos, Timothy Stanton

Loyola Consumer Law Review

No abstract provided.

Under Texas Consumer Statute, Individual Must Benefit To Be Consumer, Marc V. Richards

Loyola Consumer Law Review

No abstract provided.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Empowering The Russian Consumer In A Market Economy, James P. Nehf

Michigan Journal of International Law

One purpose of this article is to examine how the legislative product of a declining socialist state will benefit Russian consumers during the unusual circumstances characterizing the period of market transformation. A second purpose is to familiarize Western consumerists with the decidedly pro-consumer features of the Russian law. Part I analyzes the consumer law's provisions that elevate the legal status of consumers when they purchase goods and services. Part II examines the legislation from a different perspective - as a set of legal norms affecting the operation of consumer markets generally. Part III discusses the enforcement mechanisms established in the …

Punitive Damages And Regulated Products, Teresa Moran Schwartz

American University Law Review

No abstract provided.

Consumer Redress Through Alternative Dispute Resolution And Small Claims Court: Theory And Practice, David S. Cohen

Elisabeth Haub School of Law Faculty Publications

There are significant difficulties in providing consumers with redress because dispute resolution costs are high relative to the sums being sought. Consumers also manifest a reluctance to enter legal processes for other reasons. This prompted the creation of user-friendly small claims courts and encouraged the discussion and sometimes the use of non-judicial, alternative dispute resolution forums for addressing consumer redress. This paper explores the theoretical and practical distinction between these two types of dispute resolution forums. The practical differences are examined on the basis of observation of both types of forums and discussions with practitioners of alternative dispute resolution.

The …

Multiple Sources Of Consumer Law And Enforcement (Or: 'Still In Search Of A Uniform Policy'), Ralph J. Rohner

Scholarly Articles

In 1972 the National Commission on Consumer Finance surveyed and made recommendations for improving the legal and marketplace environments for consumer credit. Twenty years later, industry, consumer groups, government agencies, and the national and state legislatures are still groping for a coherent approach to the regulation of consumer credit. It is time for another national commission, or similar group, to make an objective and informed assessment of appropriately uniform policy for consumer financial services, and to craft a blueprint for future developments.

Will A New Restatement Help Settle Troubled Waters: Reflections, James A. Henderson, Jr., Aaron D. Twerski

American University Law Review

No abstract provided.

Case Comments D. Consumer Protection Ferris V. Haymore

Washington and Lee Law Review

No abstract provided.

Annual Survey Of Virginia Law: Consumer Protection Law, Edward P. Nolde

University of Richmond Law Review

This is the first year the University of Richmond Law Review has surveyed Virginia law concerning developments in the area of consumer protection. Thus, this article includes background material as well as recent developments that are more than one year old. Except as background for the current statutes, this survey does not discuss the common law torts of fraud and constructive fraud. Although these common law actions remain important to consumers, they have been discussed in several other recent publications.

Will A New Restatement Help Settle Troubled Waters: Reflections, James A. Henderson Jr., Aaron Twerski

Cornell Law Faculty Publications

No abstract provided.

Caveat Emptor: Will The A.L.I. Erode Strict Liability In The Restatement (Third) For Products Liability?, John F. Vargo

Touro Law Review

No abstract provided.

Consumer Protection Laws In Bulgaria, James R. Mccall, Lonel M. Allen, Vincent Brannigan, Janet Crosson

Faculty Scholarship

No abstract provided.

The Unworkability Of Court-Made Enterprise Liability: A Reply To Geistfeld, James A. Henderson Jr., Aaron Twerski

Cornell Law Faculty Publications

No abstract provided.

Department Of Consumer Affairs, A. Kuhnert

California Regulatory Law Reporter

No abstract provided.

A Proposed Revision Of Section 402a Of The Restatement (Second) Of Torts, James A. Henderson Jr., Aaron Twerski

Cornell Law Faculty Publications

No abstract provided.

Department Of Consumer Affairs, D. Hicks

California Regulatory Law Reporter

No abstract provided.

The Revision Of U.C.C. Articles Three And Four: A Process Which Excluded Consumer Protection Requires Federal Action, Mark E. Budnitz

Mercer Law Review

The 1990 official revision to Articles 3 and 4 of the Uniform Commercial Code ("U.C.C.") represents a major failure in process. A crying need exists for a comprehensive national reevaluation of the law of payment systems as it affects all consumers. Instead, the sponsors of the revisions, the American Law Institute and the National Conference of Commissioners on Uniform State Laws, chose to exclude entirely issues of concern to consumers. The failure of process, however, goes beyond this omission. Recent developments in the provision of government benefits to those without bank accounts raise the question whether the uniform state laws …

Major Problems With Article 2a: Unfairness, "Cutting Off" Consumer Defenses, Unfiled Interests, And Uneven Adoption, Donald B. King

Mercer Law Review

Article 2A on leases represents a major addition to the Uniform Commercial Code ("U.C.C."). Proposed for adoption throughout the United States, some states have already adopted the article. Because of the provision's impact, we must view it carefully and correct major flaws.

In the past, courts dealt with the field of leasing through analogy to principles of sales law. However, this treatment lead to the uneven application of the law, and a new codified law on leases is certainly desirable. For their hard work and initiative, the drafters of Article 2A deserve praise; however, they are not above criticism. The …

Reforming Products Liability, Suzanne M. Lambert

Michigan Law Review

A Review of Reforming Products Liability by W. Kip Viscusi

The Safety Risks Of Proposed Fuel Economy Legislation, John D. Graham

RISK: Health, Safety & Environment (1990-2002)

Based on, e.g., a comprehensive assessment of what is known of factors influencing automobile safety, previous industry responses to requirements for fuel economy and prior success of regulators in reducing injuries, Professor Graham concludes that pending fuel economy bills are apt to add 1650 fatalities and 8500 serious accidents to the annual highway toll. He also presents several short-term and long-term strategies for simultaneously saving fuel and lives.

Comment: Perceptions Of Chief Patent Counsel At Large Corporations Of The Effects Of Patent Term, Products Liability And Government Regulations On Firm R&D, Thomas G. Field Jr.

Law Faculty Scholarship

Last summer, over 300 members of the Association of (chief) Corporate Patent Counsel were surveyed concerning their attitude toward and experience with arbitration and mediation (ADR). Seventy-five responded. Subsequently, tabulations of the survey data were sent to the same people with four additional questions, two of which had nothing to do with ADR. Forty-one responded. This comment reports responses to the two questions unrelated to ADR.

Forum Selection Clauses In Consumer Contracts: An Unconscionable Thing Happened On The Way To The Forum, Julie Hofherr Bruch

Loyola University Chicago Law Journal

No abstract provided.

Texas Court Of Appeals Denies Summary Judgment Due To Temporary Suspension Of Statute Of Limitations In Misbranded Drug Case, Gregory R. Bockin

Loyola Consumer Law Review

No abstract provided.

Restrictions On The Transferability Of Frequent Flyer Awards Enforced, Michael J. Lubeck

Loyola Consumer Law Review

No abstract provided.

Consumer Rights Under The Americans With Disabilities Act, Michael N. Petkovich

Loyola Consumer Law Review

No abstract provided.

Prejudgment Interest: The Illinois Consumer's Loss, Jeffrey M. Goldberg

Loyola Consumer Law Review

No abstract provided.

Tenth Circuit Holds That Statute Regulating Alcohol Content Advertising Does Not Necessarily Violate The First Amendment, Barbara L. Gallagher

Loyola Consumer Law Review

No abstract provided.

Reference To American Arbitration Association Rules In Home Warranty Contract Makes Arbitration Decision Binding, Monica A. Murray

Loyola Consumer Law Review

No abstract provided.

Negligent Termite Inspector Can Be Liable To Forseeable Subsequent Home Purchasers, Daniel Hynes

Loyola Consumer Law Review

No abstract provided.