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The Producer versus the Consumer

Benjamin C. Waterhouse

in Lobbying America: The Politics of Business from Nixon to NAFTA

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691149165
eISBN:
9781400848171
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691149165.003.0006
Subject:
History, American History: early to 18th Century

This chapter illustrates how the national debate over consumer protection underwent a remarkable transformation during the mid-1970s largely in response to the successes of an increasingly mobilized ... More


The Dramatic Rise of Consumer Protection Law

Joshua D. Wright and Eric Helland

in The American Illness: Essays on the Rule of Law

Published in print:
2013
Published Online:
October 2013
ISBN:
9780300175219
eISBN:
9780300195071
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300175219.003.0017
Subject:
Political Science, American Politics

This chapter discusses the rise of Consumer Protection Acts (CPAs) and the changes it brought to both state and federal regulatory regimes. It presents an empirical perspective on the new era of ... More


The Evolution of Consumer Protection and Human Rights

Iris Benöhr

in EU Consumer Law and Human Rights

Published in print:
2013
Published Online:
April 2014
ISBN:
9780199651979
eISBN:
9780191747885
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199651979.003.0003
Subject:
Law, EU Law, Company and Commercial Law

This chapter explores the intersection of consumer protection and human right. Recent years have seen a progressive convergence of fundamental rights and consumer protection in EU law. This chapter ... More


The Triumph of the Consumer Creditor

Mary Eschelbach Hansen and Bradley A. Hansen

in Bankrupt in America: A History of Debtors, Their Creditors, and the Law in the Twentieth Century

Published in print:
2020
Published Online:
September 2020
ISBN:
9780226679563
eISBN:
9780226679730
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226679730.003.0006
Subject:
Economics and Finance, Economic History

Bankruptcy rates rose after 1978. The debtor-friendliness of the 1978 changes set the stage for a new bankruptcy crisis, but the increasing importance of banks that issue credit cards was the most ... More


FDA in the Twenty-First Century: The Challenges of Regulating Drugs and New Technologies

Holly Fernandez Lynch and I. Glenn Cohen (eds)

Published in print:
2015
Published Online:
May 2016
ISBN:
9780231171182
eISBN:
9780231540070
Item type:
book
Publisher:
Columbia University Press
DOI:
10.7312/columbia/9780231171182.001.0001
Subject:
Law, Medical Law

In its decades-long effort to assure the safety, efficacy, and security of medicines and other products, the Food and Drug Administration has struggled with issues of funding, proper associations ... More


The Renegotiation of the Relationship between Consumers and Their Creditors

Mary Eschelbach Hansen and Bradley A. Hansen

in Bankrupt in America: A History of Debtors, Their Creditors, and the Law in the Twentieth Century

Published in print:
2020
Published Online:
September 2020
ISBN:
9780226679563
eISBN:
9780226679730
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226679730.003.0005
Subject:
Economics and Finance, Economic History

Pro-creditor garnishment law was a key driver of the bankruptcy rate for the first two-thirds of the twentieth century, but it did not survive the consumer rights movement of the 1960s. By 1970, ... More


U.S. and EU Regulatory Proposals: How Strict? How Cooperative?

Padma Desai

in From Financial Crisis to Global Recovery

Published in print:
2011
Published Online:
November 2015
ISBN:
9780231157865
eISBN:
9780231527743
Item type:
chapter
Publisher:
Columbia University Press
DOI:
10.7312/columbia/9780231157865.003.0006
Subject:
Economics and Finance, Public and Welfare

This chapter discusses the U.S. and EU regulatory proposals for dealing with the global financial crisis. The Dodd-Frank Wall Street Reform and Consumer Protection Act were two of the landmark ... More


Depth in Appointment

Stephen Skowronek, John A. Dearborn, and Desmond King

in Phantoms of a Beleaguered Republic: The Deep State and The Unitary Executive

Published in print:
2021
Published Online:
February 2021
ISBN:
9780197543085
eISBN:
9780197543115
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197543085.003.0009
Subject:
Political Science, American Politics

This chapter examines depth in appointment, focusing on the tension between qualifications for administrative office and expectations for presidential control. What Trump’s administration has brought ... More


Regulation and control of branding to children

Barrie Gunter

in Kids and Branding In A Digital World

Published in print:
2015
Published Online:
May 2016
ISBN:
9780719097874
eISBN:
9781526104359
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719097874.003.0009
Subject:
Society and Culture, Media Studies

The growing concern about children's pre-occupation with brands has led to calls for tighter government-backed restrictions on brand owners‘ marketing activities. The appeal of digital worlds to ... More


Politics, Policy, and Contributions

Peter Dunbar and Mike Haridopolos

in The Modern Republican Party in Florida

Published in print:
2019
Published Online:
May 2020
ISBN:
9780813066127
eISBN:
9780813058337
Item type:
chapter
Publisher:
University Press of Florida
DOI:
10.5744/florida/9780813066127.003.0009
Subject:
History, American History: 20th Century

The structure of Florida’s government and the state’s public policies have been transformed during the modern two-party era, and the chapter identifies the contributions made by the Republican ... More


Products Within The Strict Liability Regime

Duncan Fairgrieve and Richard Goldberg

in Product Liability

Published in print:
2020
Published Online:
March 2021
ISBN:
9780199679232
eISBN:
9780191932885
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199679232.003.0011
Subject:
Law, Law of Obligations

Before liability is incurred under the Consumer Protection Act 1987, a product containing a defect must cause damage. Section 1(2) of the Act provides a definition of ‘product’. It states that ... More


Consumer Protection

Kathleen C. Engel and Patricia A. McCoy

in The Subprime Virus: Reckless Credit, Regulatory Failure, and Next Steps

Published in print:
2011
Published Online:
April 2015
ISBN:
9780195388824
eISBN:
9780190258535
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780195388824.003.0012
Subject:
Business and Management, Political Economy

The subprime crisis showed that federal banking regulators cannot be relied on to put consumer safety over the interests of regulated banks. This chapter evaluates whether the Dodd-Frank Act achieves ... More


Introduction To Strict Product Liability

Duncan Fairgrieve and Richard Goldberg

in Product Liability

Published in print:
2020
Published Online:
March 2021
ISBN:
9780199679232
eISBN:
9780191932885
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199679232.003.0009
Subject:
Law, Law of Obligations

The adoption of the strict liability scheme for defective products by the European Union Product Liability Directive, and its subsequent transposition through Pt 1 of the Consumer Protection Act ... More


Causation, Remoteness of Damage, and Defences

Duncan Fairgrieve and Richard Goldberg

in Product Liability

Published in print:
2020
Published Online:
March 2021
ISBN:
9780199679232
eISBN:
9780191932885
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199679232.003.0021
Subject:
Law, Law of Obligations

One of the most important and complex elements in many product liability actions is the establishment of a causative link between the allegedly defective product and the relevant damage. Indeed, ... More


Watchdog: How Protecting Consumers Can Save Our Families, Our Economy, and Our Democracy

Richard Cordray

Published in print:
2020
Published Online:
May 2020
ISBN:
9780197502990
eISBN:
9780197508251
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197502990.001.0001
Subject:
Political Science, American Politics, Political Economy

Growing problems in the increasingly one-sided consumer finance markets blew up the economy in 2008. In the aftermath, Congress created the Consumer Financial Protection Bureau. Using stories of ... More


Persons Subject To Liability

Duncan Fairgrieve and Richard Goldberg

in Product Liability

Published in print:
2020
Published Online:
March 2021
ISBN:
9780199679232
eISBN:
9780191932885
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199679232.003.0010
Subject:
Law, Law of Obligations

There is ample room for debate as to the category of persons who should be required to assume responsibility for damage caused by a defective product. The most obvious is the producer or ... More


The Requirement Of A Defect: Introductory Issues

Duncan Fairgrieve and Richard Goldberg

in Product Liability

Published in print:
2020
Published Online:
March 2021
ISBN:
9780199679232
eISBN:
9780191932885
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199679232.003.0012
Subject:
Law, Law of Obligations

The removal of a requirement of proving negligence, which is usually regarded as the distinguishing feature of the system of strict liability introduced by Pt I of the Consumer Protection Act ... More


Provisions Covering General Product Safety

Duncan Fairgrieve and Richard Goldberg

in Product Liability

Published in print:
2020
Published Online:
March 2021
ISBN:
9780199679232
eISBN:
9780191932885
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199679232.003.0025
Subject:
Law, Law of Obligations

The main purpose of this book is to provide a detailed statement of the principles governing the civil liability of manufacturers and others for damage or loss caused by defective products. In ... More


Statutory Defences to Liability

Duncan Fairgrieve and Richard Goldberg

in Product Liability

Published in print:
2020
Published Online:
March 2021
ISBN:
9780199679232
eISBN:
9780191932885
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199679232.003.0015
Subject:
Law, Law of Obligations

Section 4 of the Consumer Protection Act 1987 provides a number of defences to liability which mirror those provided by Article 7 of Council Directive 85/374/EEC (the Product Liability Directive). ... More


An Ominous Mismatch

Richard Cordray

in Watchdog: How Protecting Consumers Can Save Our Families, Our Economy, and Our Democracy

Published in print:
2020
Published Online:
May 2020
ISBN:
9780197502990
eISBN:
9780197508251
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197502990.003.0003
Subject:
Political Science, American Politics, Political Economy

Congress created the Consumer Financial Protection Bureau, sparking a bitter partisan battle. The bureau’s mission—to help individual consumers cope with their financial problems and to ward off ... More


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