Brad Lipton of the Roosevelt Institute has written Statutory Hammers: Legislative Drafting in an Age of Cynical Litigation, Harvard Law School Journal of Legislation. Here is the abstract: Over the past decade, cynical litigation in our federal courts has fundamentally altered the operation of the administrative state. Agency rulemaking now unfolds against a backdrop of forum […]
Author Archives: Jeff Sovern
Last year, the Brooklyn Journal of Corporate, Financial & Commercial Law held an all-star symposium on debt, revolving around five recent books on the subject, including books by consumer law scholars Pat McCoy, Pamela Foohey, and Melissa B. Jacoby. The Symposium articles are now available, with pieces by Norman I. Silber, Edward J. Janger, A. […]
As we noted on April Fool’s Day, the CFPB has proposed to the court a dramatic cut in the CFPB staffing. If only it were in fact an Apri Fool. American Banker’s Kate Berry has more here. Bloomberg’s Evan Weinberger has this paragraph in his story on the proposal: The cuts may still be “draconian,” […]
On the Ballard Spahr Consumer Finance Monitor podcast: an interview with the NY Department of Financial Services’ Max Dubin, Chief of Staff to the Acting Superintendent of Banking. With the CFPB’s sidelining, state regulatory agencies have become even more important, and New York, aside from being a large market, may foreshadow what other states do.
The proposal is here. It can’t go into effect until the preliminary injunction in the NTEU case is lifted. The administration claims the plan would “allow CFPB to continue meeting its statutory obligations while expanding on the reforms that have dramatically increased its efficiency and stewardship of taxpayer funds, in line with Presidential and Congressional […]
Alisher Juzgenbaye, a Northwestern JD/Ph.D student has written The Vanishing Enforcer: Consumer Protection in an Era of Dual Retrenchment. Here’s the abstract (the paper left out the third source of retrenchment: arbitration clauses): Recent developments, including reductions in the federal workforce, effective suspension of certain enforcement activities, and attempted centralization of independent agency rulemaking in the […]
More information here. Judging by the proposals already in, it promises to be a very useful conference.
So reports Bryan Koenig at Law360. It remains unclear how to reconcile the administration’s differing approaches to the FTC and CFPB.
Ryan H. Nelson of South Texas has written Pre-Arbitral Red Tape. Here’s the abstract: While legal scholars debate the merits of mandatory arbitration, a more insidious barrier to justice has quietly proliferated beneath their radar. I call that barrier “pre-arbitral red tape”—that is, procedural condition precedents to initiating arbitration in a pre-dispute agreement between a consumer […]
Luke Herrine of Alabama has written The Destabilizing Politics of Student Debt, forthcoming in the Illinois Law Review. Here’s the abstract: This Article examines why student loans became central to higher education finance in the United States and how they have undermined their own centrality over time. As the liberal constituency for funding redistributive social […]