The Misclassification Trend: How Independent Contractor Status Could Affect Consumers,
2016
Loyola University Chicago, School of Law
The Misclassification Trend: How Independent Contractor Status Could Affect Consumers, Kyla Miller
Loyola Consumer Law Review
No abstract provided.
Consumer Investment In University Brands,
2016
Loyola University Chicago, School of Law
Consumer Investment In University Brands, Deborah R. Gerhardt
Loyola Consumer Law Review
No abstract provided.
Table Of Contents,
2016
Loyola University Chicago, School of Law
Table Of Contents, Loyola Consumer Law Review
Loyola Consumer Law Review
No abstract provided.
Rethinking Children's Advertising Policies For The Digital Age,
2016
Loyola University Chicago, School of Law
Rethinking Children's Advertising Policies For The Digital Age, Angela J. Campbell
Loyola Consumer Law Review
No abstract provided.
Empirical Rationalization Of Prior Substantiation Doctrine: Federal Trade Commission V. Reebok & Sketchers,
2016
Loyola University Chicago, School of Law
Empirical Rationalization Of Prior Substantiation Doctrine: Federal Trade Commission V. Reebok & Sketchers, Sungho Cho, Yongjae Kim
Loyola Consumer Law Review
Companies frequently make efficacy claims in advertisements to introduce new products featuring innovative technology. When such claims are supported by information obtained from scientific research or expert testimonials, they are subject to the doctrine of prior substantiation. Under the doctrine, an advertisement claim based on seemingly credible authorities must be substantiated by a reasonable basis before it is released to the general public. Otherwise, the advertisement will be in violation of Section 5(a) of the Federal Trade Commission Act that prohibits "unfair or deceptive acts affecting commerce."' This study investigates the rationale of the legal rule in light of consumer …
Was That An Ad?,
2016
Loyola University Chicago, School of Law
The Role Of Private Litigation In The Automotive Recall Process,
2016
Loyola University Chicago, School of Law
The Role Of Private Litigation In The Automotive Recall Process, Conor Dwyer Reynolds
Loyola Consumer Law Review
No abstract provided.
Manipulating Trust On Facebook,
2016
Loyola University Chicago, School of Law
Manipulating Trust On Facebook, Ari Ezra Waldman
Loyola Consumer Law Review
No abstract provided.
You As A Brand: A Legal History,
2016
University of Missouri School of Law
You As A Brand: A Legal History, Lyrissa Lidsky
Faculty Publications
Dr. Samantha Barbas’ book, Laws of Image: Privacy and Publicity in America, makes an original, important, and engaging contribution to the history of the privacy law in the United States. In the process, the book illuminates how we became a culture obsessed with image management and how the law developed and continues to evolve to protect our rights to become our own personal brands.
Wiggle Room: Problems And Virtues Of The Inwood Standard,
2016
Maurer School of Law: Indiana University
Wiggle Room: Problems And Virtues Of The Inwood Standard, Rian C. Dawson
Indiana Law Journal
This Note investigates the origins of Inwood that led to the slim opinion with wide influence. It argues that the very vagueness for which scholars and practitioners have decried Inwood is the case's greatest virtue: Inwood provides a flexible standard that has allowed the common law to evolve and address new business models. Part I discusses the origins of contributory infringement in intellectual property. Part II investigates the Inwood case and the climate of trademark law at the time Inwood was litigated. It also dissects the majority opinion and Justice White's concurrance. Part III examines the Inwood standard's evolution at …
Individual Licensing Models And Consumer Protection,
2016
Dalhousie University Schulich School of Law
Individual Licensing Models And Consumer Protection, Lucie Guibault
Articles, Book Chapters, & Popular Press
Copyright law is not primarily directed at consumers. Their interests are therefore only marginally accounted for, as the copyright rules exempt specific uses of works from the right holder’s control. This chapter examines the impact of digital technology on the position of consumers of licensed copyrighted content. While ownership of the physical embodiment of a work does not entail the ownership of the rights in the work, how does copyright law deal with ‘disembodied’ works? Whereas digital content is now commonly distributed on the basis of individual licensing schemes, what does it mean for consumers? Do they have a claim …
Debunking Humphrey's Executor,
2016
University of Michigan Law School
Debunking Humphrey's Executor, Daniel A. Crane
Articles
The Supreme Court’s 1935 Humphrey’s Executor decision paved the way for the modern administrative state by holding that Congress could constitutionally limit the President’s powers to remove heads of regulatory agencies. The Court articulated a quartet of features of the Federal Trade Commission’s (“FTC”) statutory design that ostensibly justified the Commission’s constitutional independence. It was to be nonpartisan and apolitical, uniquely expert, and performing quasi-legislative and quasi-judicial, rather than executive, functions. In recent years, the staying power of Humphrey’s Executor has been called into question as a matter of constitutional design. This Essay reconsiders Humphrey’s Executor from a different angle. …
Panel 2: Issues In China For U.S. Businesses,
2016
Harris Moure
Panel 2: Issues In China For U.S. Businesses, Dan Harris, Cedric Lam, Ling Zhao, Lara Miller, Stephen Lamar
Cardozo Journal of International and Comparative Law
The symposium examines the challenges of enforcing intellectual property (IP) rights in China, particularly for U.S. companies, and highlights the efforts of organizations like the American Apparel and Footwear Association (AAFA) and the International Anti-Counterfeiting Coalition (IACC) to address counterfeit goods on platforms like Alibaba. It underscores the complexities of protecting IP in China despite relatively straightforward registration processes.
The Neo-Liberal Turn In Environmental Regulation,
2016
Elisabeth Haub School of Law at Pace University
The Neo-Liberal Turn In Environmental Regulation, Jason J. Czarnezki
Elisabeth Haub School of Law Faculty Publications
Regulation has taken a neoliberal turn, using market-based mechanisms to achieve social benefits, especially in the context of environmental protection, and promoting information dissemination, labeling, and advertising to influence consumer preferences. Although this turn to neoliberal environmental regulation is well under way, there have been few attempts to manage this new reality. Instead, most commentators simply applaud or criticize the turn. If relying on neoliberal environmental reform (i.e., facing this reality regardless of one’s view of this turn), regulation and checks on these reforms are required. This Article argues that in light of the shift from traditional to neoliberal “substantive” …
The Cfpb Anti-Arbitration Proposal: Let's Just Give Arbitration A Chance.,
2016
St. Mary's University School of Law
The Cfpb Anti-Arbitration Proposal: Let's Just Give Arbitration A Chance., Ramona L. Lampley
St. Mary's Law Journal
Abstract forthcoming.
The Reciprocal Of Macpherson V. Buick Motor Company,
2016
Brooklyn Law School
The Reciprocal Of Macpherson V. Buick Motor Company, Anita Bernstein
Faculty Scholarship
No abstract provided.
Will Work For Free: The Legality Of Unpaid Internships,
2016
Brooklyn Law School
Will Work For Free: The Legality Of Unpaid Internships, Nicole M. Klinger
Brooklyn Journal of Corporate, Financial & Commercial Law
This Note addresses the current ambiguity in the law regarding if unpaid interns are employees under the Fair Labor Standards Act. The Note explores relevant case law throughout the circuit courts, but primarily focuses on the Second Circuit’s recent decision in Glatt v. Fox Searchlight Pictures. It argues that the primary benefits test created by the Second Circuit in Glatt does not adequately protect unpaid interns nor does it inform employers of the standards they need to meet in order to adopt legal unpaid internship programs. Instead, courts should adopt a clearer, more rigid test that finds an intern not …
Classwide Arbitration: A Method Of Resolving The "Natural" Food Label Litigations,
2016
Benjamin N. Cardozo School of Law
Classwide Arbitration: A Method Of Resolving The "Natural" Food Label Litigations, Angelina Dalia
Cardozo Journal of Conflict Resolution
This Note discusses how classwide arbitration in food labeling disputes can better serve as a resolution method for both parties. Part I will review the current legal landscape surrounding food labeling litigations and the limitations of the FDA's regulatory and enforcement power. It will analyze how the lack of regulation has led to the recent surge in food labeling class actions. Part II will introduce the general benefits and downfalls of mandatory arbitration in comparison to litigation as a means of legal remedy. Furthermore, it will describe the recent trend of incorporating mandatory arbitration clauses and class action waivers in …
Panel 1: False Advertising,
2016
Davis & Gilbert LLP
Panel 1: False Advertising, Ashima Dayal, Jeffrey Greenbaum, Jen Lavie, Rebecca Tushnet, Brett Frischmann
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Technology, Gender And Fashion,
2016
Benjamin N. Cardozo School of Law
Technology, Gender And Fashion, Jeanne L. Schroeder
Cardozo Arts & Entertainment Law Journal
No abstract provided.
