Author Archives: Brian Wolfman

An additional tidbit on tribal sovereign immunity and payday lending

Scott noted earlier today that the California Supreme Court will hear a case posing the following question: Is a payday lender that is formally owned by a Native American tribe but run by a third-party who keeps most of the proceeds protected by tribal sovereign immunity? So, the U.S. Supreme Court just this morning issued […]

Assessing the Card Act five years after enactment

Remember the Credit Card Accountability Responsibility and Disclosure Act of 2009 (better known as the CARD Act)? The CARD Act made it more difficult for credit card companies to retroactively increase rates on existing balances or to impose large late fees, and it drastically curbed overlimit fees. The Act also sought to force credit card […]

Non-disparagement clauses in consumer contracts and the Kleargear litigation

We have discussed the increasing use by companies of non-disparagement clauses in take-it-or-leave-it consumer contracts, where the consumer "agrees" not to say anything critical of a company from which it buys something  Go, for instance, here, discussing the use of these clauses in mortgage loan-modification contracts. And we have discussed repeatedly (go, for instance, here […]

The relationship between medical-malpractice caps, patient safety, and tort law’s ability to deter negligence

That's the topic of The Deterrent Effect of Tort Law: Evidence from Medical Malpractice Reform by profs Zenon Zabinski and Bernard Black. Here is the abstract: A principal goal of tort law is to deter negligent behavior, but there is limited empirical evidence on whether it does so. We study that question for medical malpractice […]

New Pew study on student debt: “Young Adults, Student Debt and Economic Well-Being”

The Pew Research Center has just issued a report called Young Adults, Student Debt and Economic Well-Being. Among other things, it finds that Student debt burdens are weighing on the economic fortunes of younger Americans, as households headed by young adults owing student debt lag far behind their peers in terms of wealth accumulation, according […]

How does the Obama administration’s civil-rights enforcement record compare to the Bush II administration’s civil-rights enforcement record?

That's what law professor Michael Selmi is talking about in his new article, The Obama Administration's Civil Rights Record: The Difference an Administration Makes. Here is the abstract: This essay reviews the Obama Administration’s civil rights record during its first Administration, with a particular focus on the Civil Rights Division of the Department of Justice […]