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Full-Text Articles in Marketing Law
Regulating Beauty: Advertising Restrictions, The First Amendment, And The Rise Of Social Media Models, Annie Miner
Regulating Beauty: Advertising Restrictions, The First Amendment, And The Rise Of Social Media Models, Annie Miner
BYU Law Review
Unrealistic beauty standards in advertising have long raised concerns about their effects on body image and eating disorders, particularly for young women. While traditional means of advertising often use extremely thin models and digitally altered images, the shift in the advertising landscape towards an increased use of social media presents new challenges. Influencers have largely replaced models in advertising, and they often present unrealistic beauty standards, altered images, or dangerous eating and exercise habits to their young, impressionable audiences. In response to these concerns, several countries, including France, Norway, and Israel, have adopted regulations banning the use of ultrathin models …
Guilt-Free Markets? Unconscionability, Conscience, And Emotions, Hila Keren
Guilt-Free Markets? Unconscionability, Conscience, And Emotions, Hila Keren
BYU Law Review
Despite record-level economic inequalities and a vast growth in market exploitation, courts remain surprisingly reluctant to exercise their power to invalidate the resulting predatory contracts. There is no doubt that courts are authorized to invalidate predatory contracts based on their unconscionability. There is, however, an ongoing debate regarding the desirability of utilizing this judicial power in a capitalist society. This Article enters the discussion from a unique angle: it focuses less on the bottom line of jurisprudence and more on the law’s expressive power—the fact that the law’s impact extends beyond its ability to sanction or reward behaviors. Specifically, the …
The Chapter 11 Efficiency Fallacy, Diane Lourdes Dick
The Chapter 11 Efficiency Fallacy, Diane Lourdes Dick
BYU Law Review
This Article challenges the persistent claim that Chapter 11’s increasing utilization of market mechanisms will help facilitate economically efficient resolutions of corporate financial distress. Using two recent case studies, I show that, in fact, these mechanisms are used by stakeholders with existing market power to take control of the restructuring process and extract rents at the expense of other constituents: creditors, equity holders, and—in the case of companies that receive governmental bailouts—taxpayers. These distortionary effects are obscured by a dominant, neoclassical legal paradigm that ignores institutional and political dynamics. I advance a new explanatory model that draws upon modern social …
Derridean Diagnosis Of Marketplace Ills: Curing Schizophrenia And Amnesia In The First Amendment Search For Truth, Chris Whittaker
Derridean Diagnosis Of Marketplace Ills: Curing Schizophrenia And Amnesia In The First Amendment Search For Truth, Chris Whittaker
BYU Law Review
No abstract provided.
A Model To Explain Microfranchising In Bottom Of The Pyramid Markets, Robert J. Jensen, Chris Sutter
A Model To Explain Microfranchising In Bottom Of The Pyramid Markets, Robert J. Jensen, Chris Sutter
Brigham Young University International Law & Management Review
No abstract provided.
Trouble For Private Enforcement Of The Sherman Act: Twombly, Pleading Standards, And The Oligopoly Problem, Lee Goldman
Trouble For Private Enforcement Of The Sherman Act: Twombly, Pleading Standards, And The Oligopoly Problem, Lee Goldman
BYU Law Review
No abstract provided.
European Community Competition Law, Subsidiarity, And The National Courts, Eric F. Hinton
European Community Competition Law, Subsidiarity, And The National Courts, Eric F. Hinton
Brigham Young University Journal of Public Law
No abstract provided.
The Efficacy Of Merit Review Of Common Stock Offerings: Do Regulators Know More Than The Market?, Marianne M. Jennings
The Efficacy Of Merit Review Of Common Stock Offerings: Do Regulators Know More Than The Market?, Marianne M. Jennings
Brigham Young University Journal of Public Law
No abstract provided.
Market Power As A Threshold Requirement In Antitrust Summary Judgments: Assam Drug Co. V. Miller Brewing Co., Brian L. Dew
Market Power As A Threshold Requirement In Antitrust Summary Judgments: Assam Drug Co. V. Miller Brewing Co., Brian L. Dew
Brigham Young University Journal of Public Law
No abstract provided.