It's titled The Government Gorsuch Wants to Undo. All of it is worth reading, but here's an excerpt: Judge Gorsuch embraces a judicial philosophy that would do nothing less than undermine the structure of modern government — including the rules that keep our water clean, regulate the financial markets and protect workers and consumers. In […]
Author Archives: Jeff Sovern
Verity Winship and Jennifer K. Robbennolt of Illinois have written Admissions of Guilt in Civil Enforcement, Minnesota Law Review, Vol. 101 (Forthcoming). Here is the abstract: Should agencies require admissions of guilt from the targets of civil enforcement? Administrative agencies rely heavily on settlement as a key enforcement tool. Admissions of guilt – or, more […]
Stephen J. Ware of Kansas has written The Centrist Case Against Current (Conservative) Arbitration Law, 68 Florida Law Review (2016). Here is the abstract: In The Politics of Arbitration Law and Centrist Proposals for Reform, I explained how issues surrounding consumer and other adhesive arbitration agreements became divisive along predictable political lines (progressives vs. conservatives) […]
Here. Deepak Gupta is counsel. Here's the Introduction and Summary of the Argument: The Constitution requires public accountability for government agencies but does not prescribe how it must be achieved. It can be achieved in a variety of ways through agency design, and indeed, there is tremendous variation in agency structure. Public accountability can also […]
Here. More than half the class members have submitted claims. Claimants are expected to recoup 80% of what they spent. The article attributes the high participation rate to the publicity the case garnered as well as the amounts individual claimants have at issue, as much as $20,000.
Prentiss Cox of Minnesota, Amy Widman of Northern Illinois, and Mark Totten of Michigan State have written Strategies of Public UDAP Enforcement, Harvard Journal on Legislation, Forthcoming. Here's the abstract: Laws protecting consumers from unfair and deceptive acts and practices – commonly called “UDAP” laws – have played a stunning role in recent years. As […]
Here is The Hill's Report. Excerpt: Republicans on the House Financial Services Committee are eyeing April markups for Dodd-Frank legislation, meaning Democrats have just about a month to settle on a strategy to defend the CFPB. Some Democrats think working with Republicans on some changes to the CFPB could be sound policy. Several House Financial […]
by Jeff Sovern We've blogged several times about the House Financial Service Subcommittee hearing on the constitutionality of the CFPB, at which PHH's lawyer Ted Olson, among others, testified. Now that I have listened to the hearing, I have a few reactions. Personally, I found the questioning by the Democratic members disappointing. For the most part, […]
David Horton of California, Davis has written Arbitration About Arbitration Stanford Law Review, Vol. 70, (2017 Forthcoming). Here is the abstract: Recently, the U.S. Supreme Court’s interpretation of the Federal Arbitration Act (“FAA”) has nearly eliminated consumer and employment class actions, sparking vigorous debate. Yet another important development in federal arbitration law has received less […]
Ray Brescia of Albany, along with Albany alum Ralph Scunziano, the Empire Justice Center, and the Association for Neighborhood & Housing Development (ANHD) have created a New York Bank Ratings Index. The web site is here; a report on the project here, and Ray also has a Medium op-ed titled Putting Consumer Protection in the […]