Empowering The Consumer: A Discussion On Minnesota's Dual Agency Statute And A Proposed Solution That Puts The Consumer First,
2014
William Mitchell College of Law
Empowering The Consumer: A Discussion On Minnesota's Dual Agency Statute And A Proposed Solution That Puts The Consumer First, Micheal Fleming
Student Scholarship
Many Americans across this county strive to achieve the dream of home ownership. The obstacles that stand in the way of achieving that dream can be staggering and unique to the persons pursuing home ownership. To a certain extent, it is expected that there be some proverbial hoops of fire to jump through before finally turning that key to a new home. What the consumer does not expect is to find a statutory scheme that creates unnecessary obstacles, such as a broker with a divided loyalty and information barriers, at the expense of the public. This statutory scheme is enshrined …
Third Party Funding Of Personal Injury Tort Claims: Keep The Baby And Change The Bathwater,
2014
Chicago-Kent College of Law
Third Party Funding Of Personal Injury Tort Claims: Keep The Baby And Change The Bathwater, Terrence Cain
Chicago-Kent Law Review
In the early 1990s, a period of high-risk lending at high interest rates, a new entrant emerged in civil litigation: the Litigation Finance Company (“LFC”). LFCs advance money to plaintiffs involved in contingency fee litigation. The money is provided on a non-recourse basis, meaning the plaintiff repays the LFC only if she obtains money from the lawsuit through a settlement, judgment, or verdict. If the plaintiff recovers nothing, she will not owe the LFC anything. When she does repay the LFC, however, she could end up paying as much as 280% of the amount advanced by the LFC. As one …
An Economic Perspective On Subprime Lending,
2014
Chicago-Kent College of Law
An Economic Perspective On Subprime Lending, Michael H. Anderson
Chicago-Kent Law Review
This article aims to provide a concise economic overview of several interesting subprime financing mechanisms, which are becoming increasingly common on the U.S. financial landscape. In particular, rent-to-own, payday lending, pawn broking, and (vehicle) title loans are considered. Generally speaking, a common thread with these loans is their relatively small size and short duration as well as the absence of a credit check or any of the traditional processes for determining credit-worthiness. Due to the ready availability of these loans, they appeal to low-income consumers, including the “working poor,” and to those who have suffered financial setbacks. Because the natural …
Greenwashing And Self-Declared Seafood Ecolabels,
2014
Elisabeth Haub School of Law at Pace University
Greenwashing And Self-Declared Seafood Ecolabels, Jason J. Czarnezki
Elisabeth Haub School of Law Faculty Publications
The credibility and veracity of an environmental claim depends on a high degree of transparency, clarity, and trust. Businesses that utilize ecolabels to market the environmental performance of their seafood products often turn to third-party certifications to minimize the potential for greenwashing and provide a level of verification and independence. Others rely on a riskier approach by developing their own self-declared or first-party ecolabels. Seafood retailers and suppliers considering the creation and use of an ecolabel, certification, or seal to be used in the marketing of seafood products should ensure compliance with applicable Food and Drug Administration and United States …
Access To Health Care As An Incentive For Healthy Behavior,
2014
American University
Access To Health Care As An Incentive For Healthy Behavior, Lindsay Wiley
Scholarly Articles in Law Reviews & Journals
Hundreds of thousands of lives have been saved by vehicle safety standards. For many years, the auto industry fought the adoption of even the most basic standards tooth and nail, arguing that driver responsibility was the key to preventing auto accidents. In doing so, vehicle manufacturers "reinforceled] certain common sense ideas about traffic safety"-that drivers were responsible for car accidents and that vehicle design could not do much to make serious crashes survivable-"and suppressled] others." Auto insurers-who bear much of the economic cost of car crashes through a combination of first party and liability insurance-initially joined auto manufacturers in pushing …
Sugary Drinks, Happy Meals, Social Norms, And The Law,
2014
American University
Sugary Drinks, Happy Meals, Social Norms, And The Law, Lindsay Wiley
Scholarly Articles in Law Reviews & Journals
What role should government play in discouraging harmful overconsumption? What modes of government intervention best strike the balance between effectiveness and political acceptability? It is well established that government has a legitimate interest in protecting the health and safety of the people, even from their own choices and actions. Furthermore, there is no fundamental right to sell or purchase particular services or products in particular configurations. The appropriate question, then, is not what government may do to prevent non- communicable diseases that are associated with individual behavior choices, but rather what government should do. This comment on David Friedman's Public …
An Economic Investigation Of Rent-To-Own Agreements,
2014
Chicago-Kent College of Law
An Economic Investigation Of Rent-To-Own Agreements, Michael H. Anderson
Chicago-Kent Law Review
Rent-to-own (RTO) allows immediate access to goods without a credit check and provides an opportunity for eventual acquisition. Yet goods can be returned at any point without penalty or other adverse financial consequence. RTO is attractive to financially distressed consumers due to its ready availability as well as the options embedded in the contract. These options include the ability to cancel, early purchase, reinstate following a consumer return, and, possibly, choose the frequency of payments. In this article, a body of research on RTO is brought together and summarized. The bulk of this work is empirical, applying statistical techniques to …
Maryland's Social Networking Law: No "Friend" To Employers And Employees,
2014
University of Maryland Francis King Carey School of Law
Maryland's Social Networking Law: No "Friend" To Employers And Employees, Alexander Borman
Journal of Business & Technology Law
No abstract provided.
Dodd-Frank 2.0: Creating Interactive Home-Loan Disclosures To Enable Shrewd Consumer Decision-Making, 27 Loy. Consumer L. Rev. 95 (2014),
2014
John Marshall Law School
Dodd-Frank 2.0: Creating Interactive Home-Loan Disclosures To Enable Shrewd Consumer Decision-Making, 27 Loy. Consumer L. Rev. 95 (2014), Debra Pogrund Stark, Jessica M. Choplin, Mark A. Leboeuf, Andrew Pizor
UIC Law Open Access Faculty Scholarship
In Section I, we summarize and analyze the Dodd-Frank laws that were enacted to regulate home loan terms and the key changes made to the home loan disclosure rules and forms, critiquing in particular the changes made to the APR component of the new CFPB disclosure form. In Section II, we detail and report on the methods and results from two APR Experiments we conducted (one using eyetracking technology to see which areas of the disclosure form participants were looking at and for how long); we also report on the low level of financial literacy of the participants reflected in …
The Lawlessness Of Standing,
2014
Loyola University Chicago, School of Law
The Lawlessness Of Standing, John Paredes
Loyola Consumer Law Review
Abstract: In Clapper v. Amnesty International, the Supreme Court ruled that lawyers and journalists do not have standing to challenge government warrantless wiretapping of international correspondence under the 2008 amendments to FISA. The Court refused to recognize the increased costs of protecting confidential communications as injuries-in-fact unless surveillance is “certainly impending.” But more tellingly, the plaintiffs did not even allege the real injury at stake—the loss of a reasonable expectation of privacy for groups the government targets. The standing doctrine forces parties and courts to reason insincerely and blocks potentially meritorious lawsuits. Although there have been proposals to reform …
The Volcker Rule: A Regulatory Vice Under The Guise Of Consumer Protection,
2014
Loyola University Chicago, School of Law
The Volcker Rule: A Regulatory Vice Under The Guise Of Consumer Protection, Shay Raoofi
Loyola Consumer Law Review
No abstract provided.
Ftc Trims Fat From Advertisements In The New Year,
2014
Loyola University Chicago, School of Law
Ftc Trims Fat From Advertisements In The New Year, Joseph Axelrod
Loyola Consumer Law Review
No abstract provided.
The Telephone Consumer Protection Act Of 1991: Adapting Consumer Protection To Changing Technology,
2014
Prof. & Dir. Inst. for Consumer Antitrust Studies, Loyola Univ. Chicago, Chicago, IL
The Telephone Consumer Protection Act Of 1991: Adapting Consumer Protection To Changing Technology, Spencer Weber Waller, Daniel B. Heidtke, Jessica Stewart
Loyola Consumer Law Review
No abstract provided.
Unveiling Fairness For The Consumer: The Law, Economics And Justice Of Expanded Arbitration,
2014
Lecturer, School of Law, Queen's Univ. Belfast, Belfast, UK
Unveiling Fairness For The Consumer: The Law, Economics And Justice Of Expanded Arbitration, Bruce Wardhaugh
Loyola Consumer Law Review
No abstract provided.
Craft Beer Drinkers Reignite The Wine Wars,
2014
Loyola University Chicago, School of Law
Craft Beer Drinkers Reignite The Wine Wars, Shirley Chen
Loyola Consumer Law Review
No abstract provided.
The Future Of Class Actions In The Wake Of Comcast V. Behrend ,
2014
Loyola University Chicago, School of Law
The Future Of Class Actions In The Wake Of Comcast V. Behrend , Megan Toal
Loyola Consumer Law Review
No abstract provided.
The Practical Impacts Of Requirements Imposed On Condominium Developers After The Mortgage Crisis: A Case Sutdy Of Double Aa International Investment Group, Inc. V. Swire Pacific Holdings And How Escrow Requirements Shaped Future Financing Of New Condominium Construction,
2014
Editor in Chief, V.23 University of Miami Business Law Review
The Practical Impacts Of Requirements Imposed On Condominium Developers After The Mortgage Crisis: A Case Sutdy Of Double Aa International Investment Group, Inc. V. Swire Pacific Holdings And How Escrow Requirements Shaped Future Financing Of New Condominium Construction, Joshua A. Berman, Jordan P. Sarason
Loyola Consumer Law Review
No abstract provided.
Crimes And Medical Care On Board Cruise Ships: Do The Statistics Fit The Crimes?,
2014
Prof. of Law, Dean, Barry University Dwayne O. Andreas School of Law
Crimes And Medical Care On Board Cruise Ships: Do The Statistics Fit The Crimes?, Leticia M. Diaz, Barry Hart Dubner, Nicole Mckee
Loyola Consumer Law Review
In 2009, your authors published an article entitled An Examination of the Evolution of Crimes at Sea and the Emergence of the Many Legal Regimes in Their Wake.1 The article discussed various international problems that can occur on cruise ships at sea.2 The cruise ship industry was, and still is, largely self-regulated—which in turn leads to serious problems arising from the neglect of passenger concerns.3 At that time, we disclosed that there were many international regulations addressing some areas, but not all.4 The present day poses different problems than in the past. The intention of this article is to …
Private Parties And The Ffdca: How Creative Litigants Have Circumvented Section 310 And Undermined The Nlea’S Express Preemption Amendments,
2014
The Catholic University of America, Columbus School of Law
Private Parties And The Ffdca: How Creative Litigants Have Circumvented Section 310 And Undermined The Nlea’S Express Preemption Amendments, Joe Dages
Catholic University Law Review
No abstract provided.
Selective Contracting In Prescription Drugs: The Benefits Of Pharmacy Networks,
2014
Emory University School of Law
Selective Contracting In Prescription Drugs: The Benefits Of Pharmacy Networks, Joanna Shepherd
Faculty Articles
Selective contracting in health care involves contractual arrangements among insurers and health care providers that give covered individuals a financial incentive to obtain health care from a limited panel of providers. Although selective contracting has been an important strategy of health insurance plans for decades, it has only recently expanded to prescription drug coverage. Drug plans now create pharmacy networks that channel customers to in-network pharmacies. Pharmacies compete to be part of the networks by offering discounts on the drugs they sell to covered customers and drug plans. Although networks can lower prescription drug costs for drug plans and consumers, …
