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Electric Power Transmission & Purchases : Report Of A Study By The Joint Standing Committee On Utilities, 112th Maine Legislature, Maine. Legislature. Joint Standing Committee On Utilities

Maine Collection

Electric Power Transmission & Purchases : Report Of a Study By the Joint Standing Committee on Utilities, 112th Maine Legislature

Maine Legislature. Joint Standing Committee on Utilities.

Augusta, Maine (December 2, 1986).

Contents: Introduction / Issues & Recommendations / Review of 1986 Legislation / Maine's Electric Power Picture / Technical Analysis of Transmission & Wheeling / Economic Implications of Transmission & Wheeling /. Legals Analysis of Transmission & Wheeling / Proposed Legislation / Appendices / Tables & Figures

New York's Used-Car Lemon Law: An Evaluation, Martha M. Post

Buffalo Law Review

No abstract provided.

Informational Regulation Of Consumer Health Risks: An Empirical Evaluation Of Hazard Warnings, W. Kip Viscusi, Wesley A. Magat, Joel Huber

Vanderbilt Law School Faculty Publications

On the basis of data from a survey of almost 400 consumers, this article assesses whether consumer behavior is responsive to information about product hazards that is provided in response to regulation. We find that the extent to which consumers take precautions is consistent with the level of risk indicated, the amount of risk information, the specific risk and precaution indicated, and the economic benefits of safety precautions. We also use the patterns of precautionary behavior to analyze the implicit value of the morbidity effects and to assess the consistency of consumer choices. Our findings support the use of product-hazard …

The Determinants Of The Disposition Of Product Liability Claims And Compensation For Bodily Injury, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

The frequency and severity of products liability lawsuits have become a matter of increasing importance and concern to the public at large and to American business in particular. The number of product liability cases filed each year escalated dramatically in the 1970s both in absolute terms and as a fraction of all civil cases.' The economic incentives for safety created by these product liability claims no longer are a minor concern but are now a fundamental influence on the economic environment of the firm. In recent years many larger firms have established corporate product safety offices to integrate these product …

Consumer Miscomprehension As A Challenge To Ftc Prosecutions Of Deceptive Advertising, 19 J. Marshall L. Rev. 605 (1986), Ivan L. Preston, Jef I. Richards

UIC Law Review

No abstract provided.

Privacy Implications Of Consumer Credit Protection Laws, 19 J. Marshall L. Rev. 941 (1986), Paul B. Rasor

UIC Law Review

No abstract provided.

Developing Rational Standards For An Advertising Subsitution Policy, Charles Shafer

All Faculty Scholarship

American annual consumer expenditures of nearly two trillion dollars involve approximately sixty-four percent of the country's Gross National Product. A substantial portion of those consumer purchases result in some sort of dissatisfaction. The term 'consumer dissatisfaction’ represents a large continuum of feelings ranging from mild disappointment to all consuming rage. Consumer dissatisfaction is a serious societal problem for a variety of reasons. It indicates a misallocation of scarce resources. It can be a significant factor in producing the perception that the economic and political institutions are unfair, ineffective, or unresponsive. That perception can have wide ranging political ramifications. Finally, it …

Insurance Anti-Rebate Statutes And Dade County Consumer Advocates V. Department Of Insurance: Can A 19th Century Idea Protect Modern Consumers?, John S. Conniff

Seattle University Law Review

In 1984, a Florida court of appeals held that the Florida statutes prohibiting insurance agents from rebating part of their commissions to customers violated the due process clause of the Florida Constitution. The court concluded that no rational relationship exists between the anti-rebate statutes and the legitimate state purpose of protecting the public. The Florida decision is noteworthy because every state prohibits insurance agents and brokers from rebating to their customers a part of the commission earned from the sale of an insurance policy. In addition, every state prohibits unfair discrimination in pricing insurance policies and prohibits agreements between agents …

On The Propriety Of The Public Interest Requirement In The Washington Consumer Protection Act—Wash. Rev. Code § 19.86, Susan K. Storey

Seattle University Law Review

This Note discusses first, whether the judicially created public interest element of a private consumer protection case can be justified by the language of the Consumer Protection Act and, second, assuming some justification for the element can be found, whether the public interest test, as delineated in Anhold v. Daniels and Hangman Ridge Training Stables, Inc. v. Safeco Title Insurance Co. serves a purpose intended by the legislature.” This Note concludes that the public interest element is unnecessary because it hinders and often prevents consumer litigation of private damage actions under the Act. Moreover, the public interest element cannot be …

Consumer Protection In The United States: Control Of Unfair Or Unconscionable Practices, Phillip Blumberg

Faculty Articles and Papers

No abstract provided.

New Limits To The Application Of The Consumer Protection Act—State V. Schwab, 103 Wn. 542, 693 P.2d 108 (1985), Lora L. Pesto

Washington Law Review

In State v. Schwab, the Washington Supreme Court removed residential landlord-tenant transactions from the purview of the Washington Consumer Protection Act (CPA). Under Schwab, litigants may no longer invoke the generous remedial provisions of the CPA to enforce tenants' rights granted by the Residential Landlord-Tenant Act. Schwab also eliminated state prosecution of residential landlord-tenant actions. The reasoning used by the court could prevent the application of the CPA to new areas of commerce, and may also limit its application in areas where it previously has been considered fully applicable.

From Freedom Of Commercial Speech To Consumer's Freewill: Comparative Advertising As A Watchdog Of Consumer's Interests, France Michel

LLM Theses and Essays

According to the first amendment’s freedom of commercial speech theory, comparative advertising should represent the ultimate in terms of “right to speak” and “right to listen” in the marketplace of goods. Although the first right is severely regulated by government and private bodies in order to insure a greater protection to consumers exercising the second; this goal is not always achieved. Thanks mainly to the FTC’s initiatives and the support of its private pupils, consumer protection has evolved from “caveat emptor” to “caveat vendor.” The practice of comparative advertising might also make its contribution to the expansion of advertising’s Latin …

The Appropriate Role Of Security Interests In Consumer Transactions, William C. Whitford

Cardozo Law Review

No abstract provided.

Washington Lawyers Under The Purview Of The State Consumer Protection Act—The "Entrepreneurial Aspects" Solution—Short V. Demopolis, 103 Wn. 2d 52, 691 P.2d 163 (1984), Jeffrey M. Koontz

Washington Law Review

In Short v. Demopolis the Washington Supreme Court held that certain "entrepreneurial aspects" of the practice of law constitute "trade or commerce" for purposes of RCW 19.86, Washington's consumer protection and antitrust law. This holding brings members of the legal community under antitrust and consumer protection scrutiny as embodied in the Consumer Protection Act (CPA). The Demopolis decision, however, only applies to the "entrepreneurial aspects" of the practice of law. Although many courts and commentators have struggled with the question of whether professionals should be given preferential treatment, the Washington court is the first to specifically exclude legal malpractice from …

Washington Lawyers Under The Purview Of The State Consumer Protection Act—The "Entrepreneurial Aspects" Solution—Short V. Demopolis, 103 Wn. 2d 52, 691 P.2d 163 (1984), Jeffrey M. Koontz

Washington Law Review

In Short v. Demopolis the Washington Supreme Court held that certain "entrepreneurial aspects" of the practice of law constitute "trade or commerce" for purposes of RCW 19.86, Washington's consumer protection and antitrust law. This holding brings members of the legal community under antitrust and consumer protection scrutiny as embodied in the Consumer Protection Act (CPA). The Demopolis decision, however, only applies to the "entrepreneurial aspects" of the practice of law. Although many courts and commentators have struggled with the question of whether professionals should be given preferential treatment, the Washington court is the first to specifically exclude legal malpractice from …

The Distinction Between The Scope Of Section 2(A) And Sections 2(D) And 2€ Of The Robinson-Patman Act, Michigan Law Review

Michigan Law Review

This Note argues that sections 2(d) and 2(e) were meant to cover only disguised discriminations not within the scope of section 2(a). If the seller's conduct falls within the scope of section 2(a), that section must be applied regardless of whether or not the conduct also falls within the language of section 2(d) or 2(e). Only when section 2(a) does not apply is recourse available under sections 2(d) and 2(e). Part I of this Note looks at general antitrust policy, the limitations of the Clayton Act that led to the enactment of the Robinson-Patman Act, and the legislative history of …

A Moderate And Restrained Federal Product Liability Bill: Targeting The Crisis Areas For Resolution, Aaron D. Twerski

University of Michigan Journal of Law Reform

In this article I have tried to offer a rational, feasible, and politically acceptable solution to the present product liability crisis. To do this, I have first set out the problem. I explain in Part I how courts have created the crisis by formulating incomprehensible legal standards. In Part II, I examine the difficulties with assessing punitive damages against a defendant. In Part III, I discuss the conflict between the torts and workers' compensation systems. In Part IV, I reflect on the need to protect wholesalers and retailers from needless litigation. Part V suggests that a federal study on the …

The Multistate Consumer Class Action: Local Solutions, National Problems, Allen R. Kamp

West Virginia Law Review

No abstract provided.

Western Ideology, Japanese Product Safety Regulation And International Trade, David S. Cohen

Elisabeth Haub School of Law Faculty Publications

For the purposes of this paper, the barriers to an open Japanese market will be divided into two categories: Direct Official Barriers, and Non-Tariff Barriers (NTBs). The first category consists of positive restraints on imports such as tariffs and quotas. In response to Western criticism the Japanese government has, since the early 1960s, undertaken measures to dismantle gradually the aggressive protectionist wall which may have been necessary to revive the Japanese economy after the Second World War. In fact, in terms of quotas and tariffs, many observers presently consider Japan to be less protectionist than many North American and European …

Sadat V. American Motors Corporation: Limiting Consumer Remedies Under Magnuson-Moss And The New Car Buyer Protection Act, 19 J. Marshall L. Rev. 163 (1985), Mark D. Roth

UIC Law Review

No abstract provided.

Coercive Appointments Of Counsel In Civil Cases In Forma Pauperis: An Easy Case Makes Hard Law, William B. Fisch

Faculty Publications

The power to appoint an unwilling attorney, whether judicial or statutory in origin, has been challenged in principle on three grounds, founded in the Federal Constitution and its state counterparts: (i) that to require the lawyer to serve constitutes involuntary servitude, within the meaning of the thirteenth amendment;' (ii) that it constitutes an unlawful taking of property, or at the very least constitutes a taking for a public use which requires just compensation, under the fifth amendment;8 and (iii) that to subject attorneys as a class to such an obligation constitutes discrimination which would deny them equal protection of the …

A Purchaser For Resale Is A Consumer Protected By Dtpa., Vincent P. Dhooghe

St. Mary's Law Journal

Abstract Forthcoming.

Retribution And Deterrence: The Role Of Punitive Damages In Products Liability Litigation, Richard C. Ausness

Kentucky Law Journal

No abstract provided.

Review Of The Regulation Of Quality, Products, Services, Workplaces And The Environment, David S. Cohen

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Beyond Truth-In-Lending - Federal Regulation Of Debt Collection., R. Glen Ayers Jr.

St. Mary's Law Journal

Abstract Forthcoming.

Market Incentives For Safety, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

In the heated atmosphere generated by inch-high headlines and multimillion-dollar liability suits, two important facts often get lost. First, society's awareness of what ensuring reasonably complete safety would cost rarely matches the intensity of its demands for such assurance. And second, the most powerful forces working to make products and workplaces safer are not the edicts of government but the dynamics of the market. True, there are situations in which the market cannot by itself create effective incentives for safety, but in the vast majority of cases it can-and does. Drawing on his extensive research into the regulation of risk, …

New Video Technologies In The United States: Regulatory And Intellectual Property Considerations, Michael Botein

Articles & Chapters

No abstract provided.

Washington Consumer Protection Act—Public Interest And The Private Litigant, David J. Dove

Washington Law Review

Under Washington's Consumer Protection Act, a private individual has standing to sue for unfair or deceptive business practices. The private litigant may not, however, use the Act as a vehicle to remedy those wrongs that impact only the private individual, because the Act's declared purpose is to protect the public interest. The public interest requirement thus imposes a restriction on the otherwise liberal construction of the Act. The Washington Supreme Court has established two tests by which the public interest requirement may be met: (1) the per se test and (2) the Anhold v. Daniels test.

Adaptive Responses To Chemical Labeling: Are Workers Bayesian Decision Makers?, W. Kip Viscusi, Charles J. O'Conner

Vanderbilt Law School Faculty Publications

A fundamental issue in the economics of uncertainty is how individuals process information and make choices under uncertainty. In a recent analysis of the findings on risk perception, Kenneth Arrow (1982) concluded that the evidence regarding individual rationality was, at best, quite mixed. A prominent example of apparent irrationality of actual consumer behavior is that consumers, who presumably are risk averse, have failed to purchase heavily subsidized federal flood insurance. In the case of the market for hazardous jobs, which is the focus of this study, Viscusi (1979) found that workers' risk perceptions were positively correlated with the industry risk …

Charting The Future Course For Corporate Management Of Health Risks, Michael S. Baram

Faculty Scholarship

Corporations engage in technological activities of benefit to society, but thereby also create new health risks for workers, consumers, and communities. Government regulatory agencies deal with this chronic problem by conducting risk analyses and imposing various duties on private firms. Despite agency efforts and corporate compliance, health risks continue to arise and take their toll. To what extent will private firms voluntarily assume greater responsibility for preventing these health risks? This question is of increasing social importance, because the limitations of regulatory efforts are now obvious, whereas health risks are now being identified at what appears to be an increasing …