Browsing by Author "Nehf, James P."
Now showing 1 - 10 of 17
Results Per Page
Sort Options
Item Item Consumer Protection Laws in Bulgaria(1993) Nehf, James P.; Allen, Lionel M.; Brannigan, Vincent; Corsson, Janet; Ensor, Bruce D.; Jaffe, Helen; Madden, M. Stuart; McCall, James R.; Mola, Elena; Polgase, Holly; Reich, Norbert; Scull, David L.; Silverman, RobinItem Consumer Transactions: Movement Toward a More Progressive Approach(2001) Nehf, James P.As a general observation, the preceding year was not particularly good for consumers in the Indiana legislature and courts. While consumers scored a few victories in individual lawsuits, they were of minor importance to the legal community at large. Indiana continues to be a state in which consumer rights are not aggressively protected by statute or court decisions when compared with the progressive consumer movements in other states. Nevertheless, the state witnessed a few important consumer developments in the last year. Several court decisions are worth noting not only for their resolution and application of substantive legal issues, but also as a study of how judges interpret consumer statutes and contracts, whether they look to the language of the text alone or extend the inquiry to other contextual factors. There were some significant legislative and regulatory developments as well. This Article highlights selected developments in five areas: (1) sales of goods and services to consumers, (2) debt collection practices, (3) short term or "payday" loans, (4) telecommunications, and (5) secured transactions under Revised Article 9 of the Uniform Commercial Code.Item Contract Damages as Substitute for Full Performance(1998) Nehf, James P.Item Effective Regulation of Rent-to-Own Contracts(1991) Nehf, James P.Item Empowering the Russian Consumer in a Market Economy(1993) Nehf, James P.Item Exploring Critical Factors that Affect the Application of Specific Performance as a Remedy for Breach of Contract in American and South Korean International Business Transactions(2015-12) Cho, Gug Hyeon; Nehf, James P.In an ideal international business transaction, all parties involved would be familiar with the remedies available under the laws of foreign countries if they govern the validity and construction of the agreed-upon contract. But this is not often the case. In reality, with a noticeable increase of international business contracts, performance barriers impede the achievement of a contract's goals. Because of that, it is necessary to remove existing barriers or obstacles in order to enhance contract performance. This dissertation will comparatively evaluate three "critical factors" that affect the application of specific performance as a remedy for breach of contract in the United States and South Korea. This requires a grasp of the differences in legal systems (common law versus civil law), legal culture in the U.S. and South Korea, and the application of specific performance in each nation. As a whole, this dissertation suggests that law should be treated as a broader conception of culture. To be effective, legal personnel who cross national borders to establish contracts must have a vision that encompasses more than just an experience with law in a particular legal environment. They must be able to navigate the cultural peculiarities that color each nation's legal system. The critical factors as discussed in this paper serve as lenses through which all aspects of law must be perceived and as gateways of understanding through which every comparative legal scholar or attorney must pass to access the meaning of "foreign" law.Item The Failure of 'Notice and Consent' as Effective Consumer Policy(2019) Nehf, James P.One of the central models for consumer protection in most countries emphasizes a notice and consent (or choice) approach--so long as the merchant gives the consumer notice of standard contract terms, and the consumer manifests assent to those terms, the terms are deemed to be binding. In this essay, it is argued that consumer advocates and policy makers should recognize that a notice and consent approach to standard con- tract terms is not likely to protect consumer interests in modern day contractual settings. Technological advances allow countless standard terms to be imposed on consumers in even the simplest transactions, and manifestations of assent are questionable in many cases. The essay explains why consumers quite rationally may manifest assent to terms and conditions that are not in their interests.Item The FTC's Proposed Framework for Privacy Protection Online: A Move Toward Substantive Controls or Just More Notice and Choice(2011) Nehf, James P.This article argues that the FTC, and Congress if necessary, should recognize that a notice and choice approach to privacy protection is not likely to protect consumer interests in most modern day settings. Indeed, policy makers may be doing more harm than good by continuing to focus on notice and choice, thereby giving a misleading impression that privacy is being protected when it is not. Moreover, by adhering to a notice and choice regime, they avoid discussing the more difficult yet most fundamental questions in the privacy debate. Under what circumstances is data collection likely to harm individuals, and when is it benign? If a practice is reasonably likely to cause harm, what is the most effective way to prevent the harm from occurring? Even if data collection causes no direct harm, should it still be limited if it undermines other values, such as personal autonomy, or should we just accept that our lives are increasingly an open book?