Daniel J. Solove of George Washington Woodrow Hartzog of Boston University and the Stanford Law School Center for Internet and Society have posted on SSRN a chapter from their book, Breached! Why Data Security Law Fails and How to Improve It. The chapter is titled The Failure of Data Security Law. Here’s the abstract: In […]
Author Archives: Jeff Sovern
Here is the first part of the call for submissions: The Food and Drug Law Institute (FDLI) is pleased to solicit abstracts for the Food and Drug Law Journal 2024 Symposium, “From Past to Progress: Envisioning the Future of FDA Law and Regulation.” The Symposium will celebrate FDLI’s 75th Anniversary and its enduring contributions to the field […]
As most of you know, conservatives and the industry regularly complain about what they call the Bureau’s lack of accountability. Their previous efforts to strip away the CFPB’s independence resulted in the Seila Law decision, in which the Supreme Court ruled that the president had to be able to fire the CFPB director without cause, […]
Shortly after the Supreme Court upheld the CFPB’s constitutionality in the CFSA case, Harvard Emeritus Professor Hal Scott published an op-ed in WSJ, The CFPB’s Pyrrhic Supreme Court Victory (behind paywall) claiming that the CFPB has still another problem to deal with. Professor Scott’s essay, along with another piece posted on a Federalist Society website […]
Some years back, I had major surgery. When I woke up after the surgery, I was on fentanyl for pain relief. The following day, I was stepped down to morphine. Morphine was less effective at blocking the pain, but the staff explained that it was too risky to keep me on fentanyl. And in the […]
Zelle scams have been drawing a lot of attention lately. For example, Penny Crosman has an article in the American Banker, Inside a Zelle fraud that almost lost a Florida consumer $3,500 (behind paywall but available on Lexis); she also discusses it on the Banking with Interest podcast. The Electronic Fund Transfers Act enables consumers […]
The Heritage Foundation has created what it describes as “the conservative movement’s unified effort to be ready for the next conservative Administration to govern” in a document titled Mandate for Leadership: The Conservative Promise, with a subheading of Project 2025; Presidential Transition Project. As far as I know, no presidential candidate has adopted it. It […]
Given the pervasiveness of subscription contracts, regulation of such contracts has become a much more important consumer protection topic. And here is an article that tells us how to do that: Kaitlin Ainsworth Caruso of Maine and Prentiss Cox of Minnesota’s Silence as Consumer Consent: Global Regulation of Negative Option Contracts, American University Law Review, […]
Piotr Tereszkiewicz of the Jagiellonian University in Krakow – Faculty of Law and Administration and KU Leuven – Faculty of Law has written Cruising Beyond Car Dealer Dominance, University of Michigan Journal of Law Reform, Forthcoming. Here’s the abstract: The automotive industry plays a pivotal role in both the American economy and daily life. This Article contends […]
Claire Johnson Raba of Illinois-Chicago and California-Irvine and Dalié Jiménez of California- Irvine and Harvard’s Center on the Legal Profession have written Pay to Plead: Finding Unfairness and Abusive Practices in California Debt Collection Cases. Here’s the abstract: In this Article, we report on one of the largest studies of debt collection lawsuits ever attempted. We […]