Protecting Against the Harms of the Mistaken Utility Undercharge

First, Part I introduces the basic law concerning estoppel. Then, Part II discusses the application of estoppel doctrine to the collection of undercharges by public utilities. Next, Part III examines whether, even in situations where the utility may collect the undercharge, it may be prohibited from using service disconnection as a collection device. Part IV analyzes the right of a consumer to bring a counter-claim for damages resulting from a utility\u27s mistaken undercharge. Finally, Part V recommends the adoption of a new approach to the problem of the utility undercharge as it relates to low-income households

Discrimination As a Sword for the Poor: Use of an “Effects Test” in Public Utility Litigation

This Article looks at how the effects test might be applied in the utility area. Part I discusses the definition and application of the prohibition against discrimination in utility cases. Part II examines the use of an effects test in the non-utility context. Part III describes how such an analysis can be used in seeking to prove utility discrimination. Part IV provides illustrative uses of an effects test in customer service situations and reviews one particular case to determine if application of this test might have given rise to different results

Public Inducement of Local Economic Development: Legal Constraints on Government Equity Funding Programs

The purpose of this Article is three-fold. First, it will develop a taxonomy of venture capital programs that local governments use. Second, it will examine those programs in light of state constitutional restrictions on the use of the public\u27s finances. Finally, it will examine whether the federal antitrust immunity traditionally accorded state actions is likely to extend to these programs