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From:William and Mary Law Review (Vol. 47, Issue 5) Peer-ReviewedINTRODUCTION In FTC v. Arch Coal, Inc., (1) Judge Bates described the proposed remedy (2) to an allegedly anticompetitive acquisition as the "elephant in the room." (3) When the Federal Trade Commission (FTC) sought...
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From:Administrative Law Review (Vol. 60, Issue 2) Peer-ReviewedINTRODUCTION We are witnessing a renaissance of paternalism in legal scholarship. This revival has been fueled by the rise of behavioral law and economics, (1) a multidisciplinary movement committed to the idea that...
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From:Notre Dame Law Review (Vol. 96, Issue 3)Judges and scholars frequently describe antitrust as a common-law system predicated on open-textured statutes, but that description fails to capture a historically persistent phenomenon: judicial disregard of the plain...
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From:Harvard Law Review (Vol. 129, Issue 4)ADMINISTRATIVE LAW--FEDERAL TRADE COMMISSION ACT--THIRD CIRCUIT FINDS FTC HAS AUTHORITY TO REGULATE DATA SECURITY AND COMPANY HAD FAIR NOTICE OF POTENTIAL LIABILITY.--FTC v. Wyndham Worldwide Corp., 799 F.3d 236 (3d...
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From:The CPA Journal (Vol. 61, Issue 4) Peer-ReviewedCPAs were allowed broader rights to advertise under an agreement signed by the Federal Trade Commission (FTC) and the American Institute of CPAs (AICPA) on Aug 3, 1990. CPAs are now allowed to engage in any type of...
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From:Antitrust Bulletin (Vol. 42, Issue 1) Peer-ReviewedCongress stated in passing the Federal Trade Commission (FTC) Act that the FTC was to act in the public interest in attacking unfair competition, but there is some question as to what the public interest is in many...
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From:Georgetown Law Journal (Vol. 109, Issue 1) Peer-ReviewedINTRODUCTION Kendall Jenner launched Fyre Festival with a single post (1) to her more than 70 million Instagram followers (2): Fyre's founders paid the reality star and model a cool $275,000 for the post, (3)...
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From:Trial (Vol. 39, Issue 8)A Florida class action against tobacco manufacturers took a blow in May, but an individual suit in Arkansas was rewarded at trial, and the federal government had a big win, too. Despite the setback in Florida, where...
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From:Business Lawyer (Vol. 68, Issue 2)INTRODUCTION Native American tribes increasingly are engaging in consumer lending over the internet. (1) These "tribal loans" present unique legal questions and issues, including whether tribal sovereign immunity...
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From:William and Mary Law Review (Vol. 58, Issue 6) Peer-ReviewedINTRODUCTION The Federal Trade Commission (FTC) has used section 5 of the Federal Trade Commission Act of 1914 (FTC Act) to regulate companies' data security practices since 2002. (1) Section 5 of the FTC Act...
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From:Notre Dame Law Review (Vol. 96, Issue 5)INTRODUCTION Multinational technology companies--including Amazon, Apple, Facebook, and Google--are leading news headlines for potentially anticompetitive behavior. (1) If anticompetitive behavior is found, then...
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From:Administrative Law Review (Vol. 73, Issue 1) Peer-ReviewedIntroduction "I feel like I'm trying to ventilate bricks instead of lungs," remarked one intensive care unit physician who has been treating COVID-19 patients for the last several months. (1) The change in lung texture...
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From:Washington University Law Review (Vol. 98, Issue 4)INTRODUCTION In the late summer of 2017, headlines announcing that the personal information of nearly 150 million American consumers had been compromised shocked the conscience of the nation. Equifax, a credit...
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From:Risk Management (Vol. 59, Issue 10) Peer-ReviewedThe Consumer Financial Protection Bureau (CFPB) was created in July 2011 to protect consumers in the financial marketplace. As part of its responsibilities, the agency examines credit card issuers to ensure "that...
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From:Antitrust Bulletin (Vol. 49, Issue 3) Peer-ReviewedIt has long been clear as an abstract matter that section 5 of the Federal Trade Commission Act allows the Federal Trade Commission (FTC) "to define and proscribe an unfair competitive practice, even though the practice...
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From:Michigan Law Review (Vol. 110, Issue 5) Peer-ReviewedWhile many recognize the critical role that technology plays in modern life, few appreciate the role that standards play in contributing to its success. Devices as prevalent as the modern laptop computer, for example,...
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From:Harvard Law Review (Vol. 133, Issue 4)STATUTORY INTERPRETATION--STARE DECISIS--SEVENTH CIRCUIT USES METHODOLOGICAL STARE DECISIS TO REVERSE SUBSTANTIVE PRECEDENT.--FTC v. Credit Bureau Center, LLC, 937 F.3d 764 (7th Cir. 2019). Stare decisis--the idea...
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From:Government Computer News (Vol. 21, Issue 9)"Surf's up" is not a phrase most people would associate with scam investigators at the Federal Trade Commission. But surfing is one of the chief pastimes at the FTC Internet Laboratory--surfing the Web, that is....
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From:Michigan Law Review (Vol. 115, Issue 3) Peer-ReviewedThe state-action immunity doctrine of Parker v. Brown immunizes anticompetitive state regulations from preemption by federal antitrust law so long as the state takes conspicuous ownership of its anticompetitive policy....
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From:American Journal of Law & Medicine (Vol. 42, Issue 1) Peer-ReviewedThis Article offers a thorough analysis of an important public health issue, namely how to confront the growing problem of deceptive claims regarding foods and dietary supplements, including increasingly prevalent but...