Author Archives: Jeff Sovern

Students Agree to Give Up First Born Child to Join Social Network

by Jeff Sovern If I had known about this study a few days ago, I would have added it to my list for John Oliver. The study is Jonathan A. Obar & Anne Oeldorf-Hirsch, The Biggest Lie on the Internet: Ignoring the Privacy Policies and Terms of Service Policies of Social Networking Services (2016). The […]

Schwartz Article on Scalia’s Jiggery-Pokery in Arbitration

David S. Schwartz of Wisconsin has written Justice Scalia's Jiggery-Pokery in Federal Arbitration Law, Minnesota Law Review, Vol. 101, Headnotes 75 (2016). Here's the abstract: "Jiggery-pokery," a phrase introduced into the U.S. Reports by the late Justice Scalia, is emblematic of Justice Scalia's style — both his lively writing style and his penchant for criticizing his […]

An Open Letter to John Oliver

Dear Mr Oliver: Your show, Last Week Tonight, has had several entertaining segments on consumer law issues, including debt buyers, credit reports, and student loans. But you're missing out on a consumer law subject that can be quite entertaining (unfortunately), even without your special touch. I refer to consumer disclosures.  Some of the aspects of […]

House Passes Appropriations Bill that Would Cripple the CFPB

by Jeff Sovern Yesterday the House passed the financial services appropriations bill. Here is how the Appropriations Committee describes the bill's provisions pertaining to the CFPB: The bill includes a provision to increase oversight over the CFPB by bringing funding for the agency under the annual congressional appropriations process, instead of direct funding from the […]

Paper on the Use of Unenforceable Terms in Consumer Contracts

Harvard Law S.J.D. candidate and John M. Olin Fellow Meirav Furth-Matzkin has written On the Surprising Use of Unenforceable Contract Terms: Evidence from the Residential Rental Market.  Here is the abstract: This paper explores the prevalence of unenforceable terms in consumer contracts. Taking the residential rental market in the Greater Boston Area as a test […]

Dayan’s Chain of Title

by Jeff Sovern I'm listening to the audio version of David Dayan's book Chain of Title: How Three Ordinary Americans Uncovered Wall Street's Great Foreclosure Fraud. A lot of it will be familiar to those who followed media reports of the foreclosure crisis and robo-signing, but having it all pulled together gives it considerable impact, and those who didn't […]