Antitrust Merger Efficiencies In The Shadow Of The Law,
2011
University of Florida Levin College of Law
Antitrust Merger Efficiencies In The Shadow Of The Law, D. Daniel Sokol, James A. Fishkin
UF Law Faculty Publications
This Essay provides an overview of U.S. antitrust merger practice in addressing efficiencies both in terms of actual practice before the agencies and in scholarly work as a response to Jamie Henikoff Moffitt's Vanderbilt Law Review article Merging in the Shadow of the Law: The Case for Consistent Judicial Efficiency Analysis. Moffitt’s analysis could have benefited from a more thorough discussion of the Department of Justice and Federal Trade Commission’s (collectively, the “agencies”) analysis of efficiencies during investigations and the broader process of negotiations involving mergers. For instance, the article does not discuss the empirical work addressing when the agencies …
Small Dollar Loans, Big Problems: How States Protect Consumers From Abuses And How The Federal Government Can Help,
2011
University of New Hampshire Institute for Health Policy and Practice
Small Dollar Loans, Big Problems: How States Protect Consumers From Abuses And How The Federal Government Can Help, Leah A. Plunkett, Ana Lucia Hurtado
Law Faculty Scholarship
Across America, drivers pass twice as many payday loan storefronts as Starbucks coffee shops.2 In twenty-nine states, there are more payday lender stores than McDonald’s restaurants.3 Numerous research studies warn of the dangers associated with payday loans, including significantly higher rates of bankruptcies, evictions, utility shut-offs, and involuntary bank account closures.4 Many states have recognized the dangers posed by payday and other types of small-dollar loans with predatory features, prompting them to adopt laws to combat the abusive nature of these loans. These laws, however, offer consumers varying degrees of protection.
Historically, states have used their police powers to protect …
Reforming Regulation In The Markets For Home Loans,
2011
Brooklyn Law School
Reforming Regulation In The Markets For Home Loans, Edward J. Janger, Susan Block-Lieb
Faculty Scholarship
No abstract provided.
Restraining Amazon.Com's Orwellian Potential: The Computer Fraud And Abuse Act As Consumer Rights Legislation,
2011
Indiana University Maurer School of Law
Restraining Amazon.Com's Orwellian Potential: The Computer Fraud And Abuse Act As Consumer Rights Legislation, Alicia C. Sanders
Federal Communications Law Journal
In 2009, Amazon.com decided to correct a potential copyright violation by deleting e-books by George Orwell and Ayn Rand from the Kindles of users who had already purchased the offending texts. Two of those users, Justin Gawronski and Antoine Bruguier, claimed that Amazon.com had violated the Computer Fraud and Abuse Act (CFAA) by accessing their Kindles without authorization. The plaintiffs also relied on other causes of action, including breach of contract and trespass to chattels. Although the dispute quickly settled, the Gawronski lawsuit remains a useful case study that shows why the CFAA is a useful protection for consumers. Recently, …
The One Hundred Billion Dollar Problem In Small Claims Court: Robo-Signing And Lack Of Proof In Debt Buyer Cases,
2011
University of Maryland Francis King Carey School of Law
The One Hundred Billion Dollar Problem In Small Claims Court: Robo-Signing And Lack Of Proof In Debt Buyer Cases, Peter A. Holland
Faculty Scholarship
Recent years have seen the rise of a new industry which has clogged the dockets of small claims courts throughout the country. It is known as the "debt buyer" industry. Members of this $100 billion per year industry exist for no reason other than to purchase consumer debt which others have already deemed uncollectable, and then try to succeed in collecting where others have failed. Debt buyers pay pennies on the dollar for this charged off debt, and then seek to collect, through hundreds of thousands of lawsuits, the full face value of the debt. The emergence and vitality of …
Antitrust Review Of The At&T/T-Mobile Transaction,
2011
University of Tennessee
Antitrust Review Of The At&T/T-Mobile Transaction, Maurice E. Stucke, Allen Grunes
College of Law Faculty Scholarship
In this Essay, we review AT&T Inc.’s proposed $39 billion acquisition of T-Mobile USA, Inc., under federal merger law, under the U.S. Department of Justice and Federal Trade Commission’s 2010 Horizontal Merger Guidelines, and with a focus on possible remedies. We find, under a rule of law approach, that the proposed acquisition is presumptively anticompetitive, and the merging parties in their public disclosures have failed to overcome this presumption. Next we find that under the Merger Guidelines, there is reason to believe that the transaction may result in higher prices to consumers under several different plausible theories. Finally, we turn …
Safety First? The Role Of Emotion In Safety Product Betrayal Aversion,
2011
Northwestern University School of Law
Safety First? The Role Of Emotion In Safety Product Betrayal Aversion, Jonathan Koehler, Andrew D. Gershoff
Faculty Working Papers
Consumers often face decisions about whether to purchase products that are intended to protect them from possible harm. However, safety products rarely provide perfect protection and sometimes "betray" consumers by causing the very harm they are intended to prevent. Examples include vaccines that may cause disease and air bags that may explode with such force that they cause death. Expanding research on betrayal aversion, this study examines the role of emotions in consumers' tendency to choose safety options that provide less overall protection in order to eliminate a very small probability of harm due to safety product betrayal. In five …
An Essay On Torts: States Of Argument,
2011
Northwestern University School of Law
An Essay On Torts: States Of Argument, Marshall S. Shapo
Faculty Working Papers
This essay summarizes high points in torts scholarship and case law over a period of two generations, highlighting the "states of argument" that have characterized tort law over that period. It intertwines doctrine and policy. Its doctrinal features include the tradtional spectrum of tort liability, the duty question, problems of proof, and the relative incoherency of damages rules. Noting the cross-doctrinal role of tort as a solver of functional problems, it focuses on major issues in products liability and medical malpractice. The essay discusses such elements of policy as the role of power in tort law, the tension between communitarianism …
Carry That Weight: Victim Privacy Within The Military Sexual Assault Reporting Methods, 28 J. Marshall Computer & Info. L. 551 (2011),
2011
UIC School of Law
Carry That Weight: Victim Privacy Within The Military Sexual Assault Reporting Methods, 28 J. Marshall Computer & Info. L. 551 (2011), Emily Hansen
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Right Of Publicity: Is Behavioral Targeting Violating The Right To Control Your Identity Online?, 10 J. Marshall Rev. Intell. Prop. L. 811 (2011),
2011
UIC School of Law
Right Of Publicity: Is Behavioral Targeting Violating The Right To Control Your Identity Online?, 10 J. Marshall Rev. Intell. Prop. L. 811 (2011), Andrea Stein Fuelleman
UIC Review of Intellectual Property Law
Behavioral targeting (“BT”) is an advertising technique that receives a great deal of attention due in part to the balkanized self-regulatory policies that address consumer protection issues. The majority of the self-regulation policies, including the BT principles proposed by the Federal Trade Commission (“FTC”) focus on privacy issues but fail to discuss the impact BT may have on the right to control the commercial use of one’s identity. In discussing the right of publicity, many legal scholars agree that everyone has a right to control the commercial use of his or her identity, regardless of his or her status as …
Schwab V. Reilly: No Objection Required,
2011
Loyola University Chicago, School of Law
Schwab V. Reilly: No Objection Required, Ashley Koenen
Loyola Consumer Law Review
No abstract provided.
Jackpot! How You Can Win The Lottery By Exercising Your Savings Account,
2011
Loyola University Chicago, School of Law
Jackpot! How You Can Win The Lottery By Exercising Your Savings Account, Cody Vitello
Loyola Consumer Law Review
No abstract provided.
"Pay For Play" Scandal At The Better Business Bureau Leads To Consumer Mistrust Of The Business Rating Organization,
2011
Loyola University Chicago, School of Law
"Pay For Play" Scandal At The Better Business Bureau Leads To Consumer Mistrust Of The Business Rating Organization, Troy Fleming
Loyola Consumer Law Review
No abstract provided.
Category Management: The Antitrust Implications In The United States And Europe,
2011
Loyola University Chicago, School of Law
Category Management: The Antitrust Implications In The United States And Europe, Bradley J. Lorden
Loyola Consumer Law Review
No abstract provided.
For-Profits Under Fire: The False Claims Act As A Regulatory Check On The For-Profit Education Sector,
2011
Loyola University Chicago, School of Law
For-Profits Under Fire: The False Claims Act As A Regulatory Check On The For-Profit Education Sector, Gayland O. Hethcoat Ii
Loyola Consumer Law Review
No abstract provided.
Killing "Zombie Debt" Through Clarity And Consistency In The Fair Debt Collection Practices Act,
2011
Loyola University Chicago, School of Law
Killing "Zombie Debt" Through Clarity And Consistency In The Fair Debt Collection Practices Act, Young Walgenkim
Loyola Consumer Law Review
No abstract provided.
Mctorts: The Social And Legal Impact Of Mcdonald's Role In Tort Suits,
2011
Professor of Law, University of Oregon
Mctorts: The Social And Legal Impact Of Mcdonald's Role In Tort Suits, Caroline Forell
Loyola Consumer Law Review
No abstract provided.
The "Current Monthly Income" Debate: Unemployment Compensation As A "Benefit Received Under The Social Security Act"?, 44 J. Marshall L. Rev. 801 (2011),
2011
UIC School of Law
The "Current Monthly Income" Debate: Unemployment Compensation As A "Benefit Received Under The Social Security Act"?, 44 J. Marshall L. Rev. 801 (2011), Brent Wilson
UIC Law Review
No abstract provided.
The Three Cs Versus The Dinosaur: Updating The Technologically Archaic Fdcpa To Provide Consumers, Collectors, And Courts Clarity, 44 J. Marshall L. Rev. 1033 (2011),
2011
UIC School of Law
The Three Cs Versus The Dinosaur: Updating The Technologically Archaic Fdcpa To Provide Consumers, Collectors, And Courts Clarity, 44 J. Marshall L. Rev. 1033 (2011), Melissa Travis
UIC Law Review
No abstract provided.
The New Threat To Financial Reform: The End-User Exception To Dodd-Frank Mandatory Swap Clearance, 45 J. Marshall L. Rev. 117 (2011),
2011
UIC School of Law
The New Threat To Financial Reform: The End-User Exception To Dodd-Frank Mandatory Swap Clearance, 45 J. Marshall L. Rev. 117 (2011), Jeremy A. Liabo
UIC Law Review
No abstract provided.
