Author Archives: Richard Alderman

Are you Teaching or Interested in Teaching Consumer Law?

On May 20-21, the Center for Consumer Law at the University of Houston Law Center will present its bi-annual conference for consumer law professors, adjunct professors, and those interested in teaching consumer law. The conference is especially valuable to anyone interested in teaching consumer law as an adjunct professor. Registration forms, a tentative schedule and hotel […]

Unequal Justice Under The Law.

Gary Neustadter, of Santa Clara University School of Law, recently published an interesting empirical look at how similar legal proceedings are dealt with at the trial court level. “Randomly Distributed Trial Court Justice: A Case Study and Siren from the Consumer Bankruptcy World,” examines how virtually identical legal claims can result in randomly distributed justice. […]

The 2-Year Law Education Fails to Take Off

As law school enrollment and job placement decreased, law schools considered many options to improve either or both. One proposal was a “two-year” law school, endorsed by President Obama. It was viewed as a quicker and cheaper alternative, and several schools began promoting their program. The plan was for students to go to school year […]

Sued Over Old Debt, and Blocked From Suing Back

…..is the title of a New York Times article discussing how debt collectors use the courts to sue, but bar a subsequent suit by the debtor (or alleged debtor) based on an arbitration clause in the debtor’s original contract with the creditor. The article discusses several cases where individuals who either didn’t know about the […]

Judge Upholds Cancellation of Washington Redskins Trademarks

A federal district judge in Virginia on Wednesday rejected the Washington Redskins’ challenge to the cancellation of the football team’s trademarks as disparaging to Native Americans. Judge Gerald Bruce Lee upheld a previous finding by a patent and trademark administrative board that the trademarks violated federal law under the Lanham Act. The judge denied the team’s constitutional […]

Arbitration and Privatizing Law

I have longed argued that the problem with forced arbitration goes beyond whether it is “fair,” whether the consumer understands it, or whether it is cost efficient, here, here, and here. The real problem with forced arbitration is the affect it has on our system of justice. Recently,  Professor Maria Glover of Georgetown University Law […]

The Real Problem With Forced Arbitration

I have found the discussions of the arbitration study, ‘Whimsy Little Contracts' with Unexpected Consequences: An Empirical Analysis of Consumer Understanding of Arbitration Agreements,interesting, see, e.g., here, here and here.I wonder, however, whether everyone is missing a major point about forced consumer arbitration. Whether consumers are better off, worse-off or the same, and regardless of […]