Proving and Disproving Materiality of Deceptive Advertising Claims

1992 ◽  
Vol 11 (2) ◽  
pp. 45-56 ◽  
Author(s):  
Jef I. Richards ◽  
Ivan L. Preston
Keyword(s):  
Recent Case ◽  
Empirical Testing ◽  
Legal Requirement ◽  
Deceptive Advertising

To be regulated by the FTC, an advertising claim must be both deceptive and material. Much attention and research has been directed to deception, but almost no study has been done on materiality. However, a recent case has highlighted the need for better understanding of this legal requirement. The authors explore the genesis and evolution of the materiality standard explain the pitfalls awaiting advertisers who try to prove their claims immaterial, and outline several considerations for empirical testing of advertisements.

scholarly journals From Abbott Thayer to the present day: what have we learned about the function of countershading?

2008 ◽  
Vol 364 (1516) ◽  
pp. 519-527 ◽  
Author(s):  
Hannah M Rowland
Keyword(s):  
Empirical Work ◽  
Quantitative Measure ◽  
Convincing Evidence ◽  
Colour Pattern ◽  
Protective Effects ◽  
Empirical Testing ◽  
Background Matching ◽  
Visual Characteristics ◽  
Subjective Evidence ◽  
The Many

Of the many visual characteristics of animals, countershading (darker pigmentation on those surfaces exposed to the most lighting) is one of the most common, and paradoxically one of the least well understood. Countershading has been hypothesized to reduce the detectability of prey to visually hunting predators, and while the function of a countershaded colour pattern was proposed over 100 years ago, the field has progressed slowly; convincing evidence for the protective effects of countershading has only recently emerged. Several mechanisms have been invoked for the concealing function of countershading and are discussed in this review, but the actual mechanisms by which countershading functions to reduce attacks by predators lack firm empirical testing. While there is some subjective evidence that countershaded animals match the background on which they rest, no quantitative measure of background matching has been published for countershaded animals; I now present the first such results. Most studies also fail to consider plausible alternative explanations for the colour pattern, such as protection from UV or abrasion, and thermoregulation. This paper examines the evidence to support each of these possible explanations for countershading and discusses the need for future empirical work.

scholarly journals Share Contract Revisited: A New Transaction Cost Approach

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Jian Ding ◽  
Yixiao Zhou
Keyword(s):  
Hong Kong ◽  
Transaction Cost ◽  
Empirical Studies ◽  
Theoretical Explanation ◽  
Empirical Testing ◽  
Cost Approach ◽  
Satisfactory Answer ◽  
The Impact

Abstract The purpose of this paper is to explore how sharecropping contracts are chosen over fixed-rent contracts. There are two concerning issues. First, theoretical explanation has been criticized for not providing a satisfactory answer to the question as to why share contracts are chosen. Second, among the existing empirical studies, there are great controversies about the impact of variance of output. Inspired by the latest insights from (Cheung, S. N. S. 2014. Economic Explanation. Hong Kong: Arcadia Press.), this paper not only provides an explanation for the choice of share contract that is suitable for empirical testing, but also solves the puzzle over variance of output.

Hospital Responsibilities to the General Public

1981 ◽  
Vol 2 (5) ◽  
pp. 5-7
Author(s):  
Jane Greenlaw
Keyword(s):  
General Public ◽  
Current Trend ◽  
Recent Case ◽  
Level Of Care ◽  
Appeals Court

What is the responsibility of a hospital to protect the general public from an employee who may cause harm? Until recently, the answer to this question was simply “none“; hospitals were not seen as having any direct responsibility for the actions of employees. But this has changed, and the current trend is to hold a hospital directly responsible for the level of care received by its patients — the hospital must provide an ongoing system to monitor performance of employees as well as staff physicians.But what about acts of employees outside the hospital? Does a hospital have any obligation to anticipate when one of its employees poses a threat not on the job? This was the question addressed in a recent case before a California appeals court.

Recent Case Developments

2015 ◽  
Vol 41 (4) ◽  
pp. 688-691
Author(s):  
Lewis Osterman
Keyword(s):  
Recent Case
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