Consumer Protection Law Commons^™

Ftc Rulemaking: The Standard For Disqualification Of A Biased Commissioner Comment., Sara Greenwood Hogan

St. Mary's Law Journal

Abstract Forthcoming.

Coping With The Time Dimension In Products Liability, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.

Products Liability, Whitmore Gray

Book Chapters

The choice of "product liability" as a topic for the Tenth International Congress of Comparative Law was most appropriate. At the present time the legal periodicals are full of articles on this topic, the courts (not only in the United States) are handling an increasing load of these cases, the First World Congress on Product Liability has been held (London, 1977), and unification and harmonization work is already well advanced.

At the time of the First International Comparative Law Congress in 1934 it would have been hard to predict the development of this area of the law out of the …

Products Liability--An Analysis Of Market Share Liability, David A. Fischer

Faculty Publications

In Sindell v. Abbott Laboratories the Supreme Court of California created the market share liability theory of recovery for products liability cases. The innovative Sindell theory, which applies to certain products liability cases in which causation is either questionable or difficult to prove, departed significantly from the traditional tort principles of causation and liability. The theory allows plaintiffs to recover damages for their injuries, but it discounts the defendant's liability by the probability that it did not cause the harm.

Truth In Lending 'Simplified': Simplified?, Ralph J. Rohner

Scholarly Articles

Disclosure of credit terms has been viewed as a primary means of protecting consumers from fraud and deception in credit transactions. To enhance the value of disclosure, Congress enacted the Truth in Lending Simplification and Reform Act of 1980. Professor Rohner analyzes this attempt to simplifij crcdit cost disclosures and finds that the new Act is no more likely to increase consumer protection than the original Truth in Lending Act. The new Act does solve some problems, but does nothing about others and even introduccs further complexities into credit transactions. Among the difficulties left unaddressed by the new Act are …

Consumer Warranty Claims Against Companies In Chapter 11 Reorganizations, Elizabeth Warner

University of Michigan Journal of Law Reform

This article examines the rights of individuals who have purchased warranted goods from a business that subsequently undergoes reorganization under Chapter 11 of the Bankruptcy Reform Act of 1978. Part I establishes that warranty rights are claims in bankruptcy and outlines the procedure that must be followed by a creditor for distribution from the debtor's estate. Part II focuses on how warranty claims are treated in Chapter 11. Part III discusses ways to alleviate the warranty creditor's representational burden, particularly through the intervention and aid of public interest groups. This article concludes that . warranty creditors will receive favorable treatment …

Buyer Liability Under Section 2(F) Of The Robinson-Patman Act, Douglas E. Ray

University of Richmond Law Review

Despite the fact that the 1936 Robinson-Patman Act amendments to the Clayton Act were enacted in an attempt to curb the ability of large businesses to coerce sellers of products into granting them discriminatory price advantages over smaller purchasers, only one section of the Act, section 2(f) which prohibits the knowing inducement or receipt of discriminatory prices, is aimed at buyers. The remainder of the Act is directed toward sellers. Liability under section 2(f) is generally derivative in nature, being based on a preliminary finding of seller liability under another section of the Act. Because of this derivative nature of …

New Communications Technologies: The Emerging Antitrust Agenda, Michael Botein

Articles & Chapters

No abstract provided.

1980 Annual Survey Of Consumer Financial Services Law Developments, Ralph J. Rohner

Scholarly Articles

No abstract provided.

Truth-In-Testing Legislation: A Brief For The Status Quo, Alan B. Asay

BYU Law Review

No abstract provided.

Credit Life And Disability Insurance Disclosures Under Truth-In-Lending: The Triumph Of Form Over Substance, John M. Sheffey

Florida State University Law Review

No abstract provided.

Extending The Boundaries Of Strict Products Liability: Implications Of The Theory Of The Second Best, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.

Consumer Service Transactions, Implied Warranty And A Mandate For Realistic Reform, Andy Norman

Loyola University Chicago Law Journal

No abstract provided.

Antitrust: Consumer Standing After Reiter V. Sonotone Corp. And Illinois Brick Co. V. Illinois, John T. Doyle

Loyola University Chicago Law Journal

No abstract provided.

Meeting The Equal Credit Opportunity Act's Specificity Requirement: Judgmental And Statistical Scoring Systems, Winnie F. Taylor

Faculty Scholarship

No abstract provided.

The F.T.C. Amends The 'Holder' Rule, Ralph J. Rohner

Scholarly Articles

No abstract provided.

Nichols V. Union Underwear Co. And The Meaning Of "Unreasonably Dangerous": A Call For A More Precise Standard, Elsa Goss Black

Kentucky Law Journal

No abstract provided.

Meeting The Equal Credit Opportunity Act's Specificity Requirement: Judgmental And Statistical Scoring Systems, Winnie F. Taylor

Buffalo Law Review

No abstract provided.

Jurisdictional And Antitrust Considerations In The Regulation Of The New Communications Technologies, Michael Botein

Articles & Chapters

No abstract provided.

Consumer Product Safety: Preemption, The Commerce Clause And State Regulatory Authority, James L. Winokur, Jennifer Robbins

Villanova Law Review (1956 - )

No abstract provided.

Problems Of Federalism In The Regulation Of Consumer Financial Services Offered By Commercial Banks: Part Ii, Ralph J. Rohner

Scholarly Articles

The first portion of this article reviewed the array of federal and state consumer protection laws affecting commercial banks and described the many areas of friction created by such multiple lawmaking. This half of the article addresses the question of how these various laws are enforced by the federal and state bank supervisory agencies and concludes with an evaluation of the many options for improving the overall regulatory and enforcement structure for consumer protection.

Consumer Actions Against Unfair Or Deceptive Acts Or Practices: The Private Uses Of Federal Trade Commission Jurisprudence, Marshall A. Leaffer, Michael H. Lipson

Articles by Maurer Faculty

No abstract provided.

The Validity Of Ordinances Limiting Condominium Conversion, Michigan Law Review

Michigan Law Review

In 1974, the New York Times ran a front-page story about the dilemma of an elderly woman who lived in a Washington, D.C., apartment building that was being converted into a condominium. On a limited budget, she faced the choice of either finding a new place to live in the tight Washington housing market or paying $2000 down and $422.50 in monthly installments for the same one-bedroom apartment she had been renting for $ 155.00 per month. The woman's situation is not unusual: a federal study estimates that owners have recently converted 60,000 rental apartment units to condominiums, and real …

Private Suits Under Washington's Consumer Protection Act: The Public Interest Requirement, Carol Safron Gown

Washington Law Review

This comment discusses the current state of the law in the area of private remedies for unfair business practices and focuses on two questions: (1) Is the public interest requirement for private suits under the Act justified? (2) What are the appropriate tests for finding an effect on the public interest? The comment concludes that the statutory purpose and historical context justify the public interest requirement but that the Washington courts have not yet developed a sufficiently specific test for determining when the requirement has been met. A specific test is therefore suggested to fulfill the appropriate function of the …

Regulation Z And The Uccc: The Bewildering Maze Of Credit Disclosure Provisions, Robert S. Clark

BYU Law Review

No abstract provided.

Refining The Traditional Theories Of Recovery For Consumer Mental Anguish, Val John Christensen

BYU Law Review

No abstract provided.

Problems Of Federalism In The Regulation Of Consumer Financial Services Offered By Commercial Banks, Part I, Ralph J. Rohner

Scholarly Articles

In this first half of a two-part article, the author reviews the complex structures through which federal and state consumerprotection laws are enacted and enforced with respect to commercial banks. Problems arisefrom the multiolicity of law-making bodies, the dual banking system, unclear preemption standards, and expandingfederal domination of the consumer creditfleld The secondpart of the article, which will appear in the next issue of this Review, analyzes the actual enforcement activities of the federal and state banking agencies. It concludes with a series of recommendationsfor improving the combined federal-state consumer protection programs affecting commercial banks.

New Directions In The Enforcement Of Consumer Credit Laws: From Public To Private And Back Again, Ralph J. Rohner

Scholarly Articles

The response of sympathetic lawmakers to perceived abuses in the consumer credit field is almost totally predictable. One group will urge the enactment of disclosure rules so that well-informed consumers will be able to look out for themselves in the marketplace. Another group will urge the passage of laws directly prohibiting the distasteful practice, or mandating a corrective mechanism. Both groups will then engage in endless rhetorical debate over the costs and benefits of either approach, the infringements on competition and marketplace freedom, and the burdens on small business.

All of these responses take for granted that the disappearance of …

For Lack Of A National Policy On Consumer Credit: Preliminary Thoughts On The Need For Unified Federal Agency Rulemaking, Ralph J. Rohner

Scholarly Articles

No abstract provided.

Maryland's Consumer Protection Act: A Private Cause Of Action For Unfair Or Deceptive Trade Practices

Maryland Law Review

No abstract provided.