Law profs Stephen Burbank and Sean Farhang have written Class Certification in the U.S. Courts of Appeals: A Longitudinal Study. Here is the abstract: There is a vast literature on the modern class action, but little of it is informed by systematic empirical data. Mindful both that there have been few Supreme Court class certification […]
Author Archives: Brian Wolfman
Following up on Jeff's post about prez-elect Biden's plans to nominate Rohit Chopra to direct the Consumer Financial Protection Bureau, take a look at reporting that is not behind a paywall: here, here, here, and here. For an large aggregation of Chopra's testimony, speeches, and articles at the Federal Trade Commission, go here.
That's addressed by law prof Abbye Atkinson in her article Borrowing Equality. Here is the abstract: For the last fifty years, Congress has valorized the act of borrowing money as a catalyst for equality, embracing the proposition that equality can be bought with a loan. In a series of bedrock statutes aimed at democratizing access to […]
The Consumer Financial Protection Bureau today issued a final rule implementing the Fair Debt Collection Practices Act. All the materials can be found here.
That's the question addressed in Employer Liability for 'Take-Home' COVID-19 by Mark Rothstein and Julia Irzyk (forthcoming in the Journal of Law, Medicine & Ethics). Here is the abstract: Workplace exposure to SARS-CoV-2 has been a source of morbidity and mortality from COVID-19, especially for “essential workers,” such as those employed in health care and […]
48 consumer, civil rights, and public interest groups just submitted detailed comments to the Consumer Financial Protection Bureau’s on how to improve enforcement of the prohibitions against discrimination in the extension of consumer credit under the Equal Credit Opportunity Act and its regulations. Read about it here.
The immunity provided to internet platforms by section 230 of Communications Decency Act is a hot topic these days. Gregory Dickenson has written Rebooting Internet Immunity. Here is the abstract: We do everything online. We shop, travel, invest, socialize, and even hold garage sales. Even though we may not care whether a company operates online […]
Law prof Betsy Grey and law student Samantha Orwoll have written Tort Immunity in the Pandemic. Here is the abstract: A fundamental premise of our common law tort system is that the risk of liability will help deter unsafe behavior. Yet, as we continue to battle the COVID-19 pandemic, proposals abound to shield businesses from […]
That's the topic of The (Surprisingly) Prevalent Role of States in an Era of Federalized Class Actions by law prof Linda Mullenix. Here is the abstract: In enacting the Class Action Fairness Act of 2005, Congress intended to expand access to federal courts for interstate class actions by creating minimal diversity and removal jurisdiction. Congress […]
On the potential importance of state constitutional law: The Supreme Court of Washington has just held that the statutory exclusion of dairy workers from state overtime protections violates the state constitution. Read Martinez-Cuevas v. Deruyter Brothers Dairy. HT to Charlotte Garden.