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Consumer Protection Law Commons™

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Articles 3631 - 3660 of 4085

Full-Text Articles in Consumer Protection Law

Department Of Consumer Affairs, M. Colwell Jul 1990

Department Of Consumer Affairs, M. Colwell

California Regulatory Law Reporter

No abstract provided.


Doctrinal Collapse In Products Liability: The Empty Shell Of Failure To Warn, James A. Henderson Jr., Aaron Twerski May 1990

Doctrinal Collapse In Products Liability: The Empty Shell Of Failure To Warn, James A. Henderson Jr., Aaron Twerski

Cornell Law Faculty Publications

Liability for a manufacturer's failure to warn of product-related risks is a well-established feature of modern products liability law. Yet many serious doctrinal and conceptual problems underlie these claims. Professors Henderson and Twerski explore these problems and argue that failure-to-warn jurisprudence is confused, perhaps irreparably, and that this confusion often results in the imposition of excessive liability on manufacturers. The authors begin by exposing basic errors resulting from courts' confusion over whether to apply a strict liability or a negligence standard of care in failure-to-warn cases. Having determined that negligence is the appropriate standard, they then examine more substantial and …


The Efficient Consumer Form Contract: Law And Economics Meet The Real World, Michael I. Meyerson Apr 1990

The Efficient Consumer Form Contract: Law And Economics Meet The Real World, Michael I. Meyerson

All Faculty Scholarship

"Law and economics" has been hailed by its supporters as the only intellectually valid means for analyzing legal issues. Its critics have dismissed law and economics as amoral and biased against the poor. Ironically, each side in this frequently acrimonious debate has much to offer those in the opposing camp. This Article reflects a modest attempt to bridge the chasm.

One need not believe that money is everything in order to believe that the effect a given legal rule has on total societal wealth is relevant in decisionmaking. But this admission does not consign one to a legal world where …


Wading Through The Muddle Of Risk-Utility Analysis, W. Kip Viscusi Apr 1990

Wading Through The Muddle Of Risk-Utility Analysis, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

The original emphasis of risk-utility analysis on the need for balanced decisions with respect to product liability is a correct and fundamental principle. Moreover, many traditional factors that have been considered are legitimate, but they did not provide a framework for comprehensive and consistent risk-utility judgments. The development in this Article of a series of economic formulations of the risk-utility test is intended to establish a sounder basis for a products liability defect doctrine.


Developments In Trademark And Unfair Competition Law: In The Courts, The Patent And Trademark Office And Before The Trademark And Appeal Board, 24 J. Marshall L. Rev. 1 (1990), Raymond I. Geraldson Jr., Mark V.B. Partridge, Joseph N. Welch Jan 1990

Developments In Trademark And Unfair Competition Law: In The Courts, The Patent And Trademark Office And Before The Trademark And Appeal Board, 24 J. Marshall L. Rev. 1 (1990), Raymond I. Geraldson Jr., Mark V.B. Partridge, Joseph N. Welch

UIC Law Review

No abstract provided.


Consumer News Jan 1990

Consumer News

Loyola Consumer Law Review

No abstract provided.


Advertisements Falsely Alleging "Permanent Hair Removal" Violated The Federal Trade Commission Act, Cathleen R. Martwick Jan 1990

Advertisements Falsely Alleging "Permanent Hair Removal" Violated The Federal Trade Commission Act, Cathleen R. Martwick

Loyola Consumer Law Review

No abstract provided.


Manufacturer Of Board Game Not Liable For Suicide Of Player, Elizabeth Barnes Jan 1990

Manufacturer Of Board Game Not Liable For Suicide Of Player, Elizabeth Barnes

Loyola Consumer Law Review

No abstract provided.


National Traffic And Motor Vehicle Safety Act Partially Preempts Defective Design Claim, Linda J. Urbanik Jan 1990

National Traffic And Motor Vehicle Safety Act Partially Preempts Defective Design Claim, Linda J. Urbanik

Loyola Consumer Law Review

No abstract provided.


Debtor Entitled To Rescind Consumer Credit Transaction For Creditor's Failure To Disclose Debtor's Right To Choose Insurance Carrier, Suzi Guemmer Jan 1990

Debtor Entitled To Rescind Consumer Credit Transaction For Creditor's Failure To Disclose Debtor's Right To Choose Insurance Carrier, Suzi Guemmer

Loyola Consumer Law Review

No abstract provided.


Connecticut Consumers Protected Against Deceptively Advertised Manufacturer's Rebates, Timothy Brandhorst Jan 1990

Connecticut Consumers Protected Against Deceptively Advertised Manufacturer's Rebates, Timothy Brandhorst

Loyola Consumer Law Review

No abstract provided.


Ninth Circuit Finds That The Limited Partners In A Land Development Project May Sue For Securities Fraud, But The General Partner May Not, Sean J. Hardy Jan 1990

Ninth Circuit Finds That The Limited Partners In A Land Development Project May Sue For Securities Fraud, But The General Partner May Not, Sean J. Hardy

Loyola Consumer Law Review

No abstract provided.


Recent Legislative Activity Jan 1990

Recent Legislative Activity

Loyola Consumer Law Review

No abstract provided.


Mandatory Inclusion Of Commercial Leases In A Cooperative Conversion Of Rent Stabilized Apartments Did Not Violate The Sherman Act, Tayebe G. Shah-Mirany Jan 1990

Mandatory Inclusion Of Commercial Leases In A Cooperative Conversion Of Rent Stabilized Apartments Did Not Violate The Sherman Act, Tayebe G. Shah-Mirany

Loyola Consumer Law Review

No abstract provided.


Eliminating Abusive Collection Practices By Third Parties Under The Federal Fair Debt Collection Practices Act, Joseph J. Morford Jan 1990

Eliminating Abusive Collection Practices By Third Parties Under The Federal Fair Debt Collection Practices Act, Joseph J. Morford

Loyola Consumer Law Review

No abstract provided.


The North Carolina Motor Vehicle Safety And Financial Responsibility Act Allows An Insured Party To Aggregate Separate Underinsured Motorist Insurance Coverages, Mark G. Sheridan Jan 1990

The North Carolina Motor Vehicle Safety And Financial Responsibility Act Allows An Insured Party To Aggregate Separate Underinsured Motorist Insurance Coverages, Mark G. Sheridan

Loyola Consumer Law Review

No abstract provided.


Illinois Should Explicitly Adopt The Per Se Rule For Consumer Fraud Act Violations, James O. Latturner Jan 1990

Illinois Should Explicitly Adopt The Per Se Rule For Consumer Fraud Act Violations, James O. Latturner

Loyola Consumer Law Review

No abstract provided.


New York Lemon Law's Minimum New Vehicle Warranty Protection Does Not Violate The Commerce Clause, Marianne L. Simonini Jan 1990

New York Lemon Law's Minimum New Vehicle Warranty Protection Does Not Violate The Commerce Clause, Marianne L. Simonini

Loyola Consumer Law Review

No abstract provided.


Tampons And Sanitary Napkins Are Medical Appliances Exempt From Chicago Sales Tax, Michael I. Leonard Jan 1990

Tampons And Sanitary Napkins Are Medical Appliances Exempt From Chicago Sales Tax, Michael I. Leonard

Loyola Consumer Law Review

No abstract provided.


Illinois Consumer Insurance Board - An Unnecessary Bureaucracy, Terri C. Malenfant, Lenore S. Marema Jan 1990

Illinois Consumer Insurance Board - An Unnecessary Bureaucracy, Terri C. Malenfant, Lenore S. Marema

Loyola Consumer Law Review

No abstract provided.


Consumer News Jan 1990

Consumer News

Loyola Consumer Law Review

No abstract provided.


Federal Trade Commission Consent Order Does Not Preempt New York Lemon Law, Sean J. Hardy Jan 1990

Federal Trade Commission Consent Order Does Not Preempt New York Lemon Law, Sean J. Hardy

Loyola Consumer Law Review

No abstract provided.


Florida Supreme Courts Limits Defenses Available To Banks In Refusing To Honor Their Cashier's Checks, Laura L. Giorgolo Jan 1990

Florida Supreme Courts Limits Defenses Available To Banks In Refusing To Honor Their Cashier's Checks, Laura L. Giorgolo

Loyola Consumer Law Review

No abstract provided.


The Supreme Court Of Washington Rejects Claims Of Patent Who Contracted Aids Through Blood Transfusion, Joseph J. Morford Jan 1990

The Supreme Court Of Washington Rejects Claims Of Patent Who Contracted Aids Through Blood Transfusion, Joseph J. Morford

Loyola Consumer Law Review

No abstract provided.


Legislative Index Jan 1990

Legislative Index

Loyola Consumer Law Review

No abstract provided.


Individual Negotiation Of Warranty Disclaimers: An Economic Analysis Of An Assumedly Market Enhancing Rule, Thomas J. Holdych, George Ferrell Jan 1990

Individual Negotiation Of Warranty Disclaimers: An Economic Analysis Of An Assumedly Market Enhancing Rule, Thomas J. Holdych, George Ferrell

Seattle University Law Review

In this Article, we will examine the economic forces that shape the typical contract for the sale of goods to determine whether Berg's requirements of explicit negotiation and specific disclosure are justified, and if not, whether the Berg rules should be modified or abolished. In particular, we will examine how buyers and sellers determine the terms of the contracts they enter. Most importantly, we will consider the common assertion that consumers have no ability to bargain and therefore have no influence on what terms merchants and manufacturers include in their standard contracts. We will also consider whether merchants systematically …


Choice Of Law Clauses In Consumer Contracts: A Comparative Study Of American And E.E.C. Law, Jean-Marie Henckaerts Jan 1990

Choice Of Law Clauses In Consumer Contracts: A Comparative Study Of American And E.E.C. Law, Jean-Marie Henckaerts

LLM Theses and Essays

The selection of the law applicable to a certain relationship may seem to be the sole purpose of choice of law rules. However, it is questionable whether this choice should be made independent from the content of the various laws available. The selection of the most appropriate law cannot disregard the social, economic and political values that form the basis of substantive rules. In modern legal systems, social values such as consumer protection are recognized to a growing extent.

The present work explores the concept of choice of law – namely party autonomy with a focus on consumer contracts in …


Financial Exploitation Of The Elderly, Ariel Schaffner, John W. Mccaffrey Jan 1990

Financial Exploitation Of The Elderly, Ariel Schaffner, John W. Mccaffrey

Loyola Consumer Law Review

No abstract provided.


Eighth Circuit Holds That Neither The Comment K Strict Liability Defense Nor The Individualized Medical Judgment Rule Relieved An Iud Manufacturer's Duty To Warn Consumers Directly, Laura Giorgolo Jan 1990

Eighth Circuit Holds That Neither The Comment K Strict Liability Defense Nor The Individualized Medical Judgment Rule Relieved An Iud Manufacturer's Duty To Warn Consumers Directly, Laura Giorgolo

Loyola Consumer Law Review

No abstract provided.


The Illinois Consumers Insurance Board: A Needed Advocate For Illinois Consumers, Patrick Quinn Jan 1990

The Illinois Consumers Insurance Board: A Needed Advocate For Illinois Consumers, Patrick Quinn

Loyola Consumer Law Review

No abstract provided.