Author Archives: Jeff Sovern

How the New US News Scholarly Impact Ranking Could Hurt Niche Subjects, Like Consumer Law

by Jeff Sovern There's been a lot of talk among law professors about the US News plan to measure faculty scholarly impact in part by citations to faculty scholarship (see here for a blog post citing to commentary).  While for now US News says it will not incorporate the citation rankings into its general law […]

Robocalls, the TCPA, and Professional Plaintiffs

by Jeff Sovern The next edition of our casebook will have a lot more about robocalls.  According to a letter from the attorneys general of all 50 states dated yesterday, robocalls and telemarketing calls are the top source of consumer complaints at many AG's offices.  The Telephone Consumer Protection Act, which outlaws some robocalls, also […]

Hayashi Paper: Consumer Law Myopia

Andrew T. Hayashi of Virginia has written Consumer Law Myopia. Here is the abstract: People make mistakes with debt, partly because the chance to buy now and pay later tempts them to do things that are not in their long-term interest. Lenders sell credit products that exploit this vulnerability. In this Article, I argue that critiques […]

A Way for Consumer Agencies to Generate Thought on Issues of Interest

by Jeff Sovern A post inspired by a question I heard Kathleen Engel ask: every year second-year students ask professors for suggestions for topics to write about for law reviews. Law professors and other lawyers also cast about for article topics.  Meanwhile, administrative agencies often confront questions about what the law is or how it […]

Berkeley Consumer Law Scholars Conference 2019 Opens This Thursday

The Berkeley Center for Consumer Law & Economic Justice is holding its Consumer Law Scholars Conference on Thursday and Friday. More information, including the papers to be discussed, here.  The Conference has an impressive list of participants and it promises to be a terrific event.

Sarin study finds interventions in credit and overdraft markets increased consumer welfare but interventions in debit market decreased it

Natasha Sarin of Penn has written Making Consumer Finance Work. Here's the abstract: The financial crisis exposed major faultlines in banking and financial markets more broadly. Policymakers responded with far-reaching regulation that created a new agency—the CFPB—and changed the structure and function of these markets.  Consumer advocates cheered reforms as welfare-enhancing, while the financial sector declared […]

Benoliel & Becher Paper on the Unreadability of Web Site Sign-In Wrap Contracts

Uri Benoliel of the College of Law and Business – Ramat Gan Law School and Shmuel I. Becher of the Victoria University of Wellington have written The Duty to Read the Unreadable. Here's the abstract: The duty to read doctrine is a well-recognized building block of U.S. contract law. Under this doctrine, contracting parties are held […]