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1 Loy. Consumer L. Rep. 1 (1988-1989)

handle is hein.journals/lyclr1 and id is 1 raw text is: LOYOLA CONSUMER
Loyola University of Chicago School of Law, One E. Pearson Street, Chicago, Illinois 60611
Volume 1, No. 1 / Fall, 1988
Alternative Dispute Resolution and Consumer
Protection: An Odd-Couple Thriving in the
Offices of State Attorneys General
John W. Cooley*

Alternative dispute resolution (ADR) and
consumer protection are an odd-couple. ADR
elicits images of peacemaking while consumer
protection evokes thoughts of rigorous govern-
mental regulation and aggressive law enforce-
ment on behalf of the consuming public. Both
ADR and consumer protection have had a
roller-coaster history of application in the United
States. The emergence of each as a concept with
significant social impact has been cyclical, and,
historically, their respective cycles have been
out of sync. Only in the last twenty years have
their cycles been merged successfully in the
public's interest. Surprisingly, this has occurred
where one might least expect-in the law en-
forcement activities of the state attorneys gena

eral. This article- will briefly examine 1) the
nature of ADR and consumer protection, 2) the
cyclical history of ADR and consumer protec-
tion and their recent synchronization, and 3) the
operation of ADR programs in consumer pro-
tection divisions of several representative state
attorneys general offices.
(continued on page 2)
Former Assistant United States Attorney, United States Magistrate,
and Senior Staff Attorney for the United States Court of Appeals for
the Seventh Circuit. John W Cooley is currently Chairman of the
Chicago Bar Association's Arbitration and ADR Committee. In pri-
vate practice in Chicago, he serves as a mediator arbitrator, and
consultant in dispute resolution. A Dooley Scholar at Loyola Univer-
sity of Chicago School of Law, he has co-designed and co-taught an
innovative course on Alternatives to Litigation. In the past, he served
as a consultant to the Illinois Attorney General's Office with regard to
the Consumer Complaint Mediation Program of its Consumer Pro-
tection Division.

A New Consumer Remedy: Product Recall

Frank M. Covey, Jr.*
Bruce H. Schoumacher**
Scope of the Problem
One of the principal focuses of the American
tort law system is the two-pronged objective of
discouraging the marketing of unsafe, danger-
ous, or defective products' and, where that is
not accomplished, compensating those injured
by or because of such products.2 Until recently,
the law has devoted little or no effort to getting
products that have proved unsafe, dangerous or
defective out of the homes, schools and play-
grounds of consumers.

For the purposes of this article, it is immaterial
whether the product was (a) defectively de-
signed or manufactured, or (b) considered to be
safe and beneficial to consumers when manu-
factured and distributed, but later determined
to be dangerous.3 Once such products are
placed in the chain of distribution, whether
(continued on page 4)
*Visiting Professor of Law, Loyola University of Chicago School of
Law; Of Counsel, McDermott, Will & Emery; B.S., Honors; J.D., cum
laude, Loyola University of Chicago; S.).D., University of Wisconsin-
Partner, McDermott, Will & Emery; B.S., Northwestern University;
M.B.A., J.D., University of Chicago.

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