Richard Frankel of Drexel has written Do Arbitration Providers Have Incentives to Favor Businesses over Individuals? Mass Arbitration as a Case Study, Journal of International Dispute Settlement (forthcoming 2027). Here’s the abstract: When it comes to selecting arbitrators to resolve a dispute, the arbitration system goes to great lengths to avoid arbitrator bias. Both parties […]
Category Archives: Consumer Law Scholarship
At Ballard Spahr’s Consumer Finance Monitor podcast. Bartholomew discussed the article he co-authored with Samuel Becher, The End of Shopping, forthcoming in the William & Mary Law Review.
We received the following announcement: 2027 WRITING COMPETITION The American College of Consumer Financial Services Lawyers is pleased to announce its 2027 annual writing competition to recognize significant written contributions to the field of U.S. consumer financial services law in the following categories: a) Books b) Publishable articles, book chapters, or substantial book reviews by […]
Richard Frankel of Drexel has written The Mass Arbitration Illusion, 83 Washington and Lee Law Review _ (forthcoming 2026). Here is the abstract: Mass arbitration has emerged as the latest battleground in the ongoing tug-of-war between corporations and their consumers and employees regarding binding mandatory arbitration clauses. After businesses succeeded in shielding themselves from liability […]
Justin (Gus) Hurwitz of Pennsylvania and Gregory M. Dickinson of Stanford have written The Consumer Protection Paradox: Learning, Feedback, and the Limits of Consumer Protection Law, forthcoming in the Emory Law Journal. Here’s the abstract: Modern consumer-protection law is built on a simplifying picture: The consumer and her vulnerabilities are treated as static over time. […]
Christine Chen Zinner & Christine Hines have written Consumer Protection Under the Trump CFPB. What Comes Next?, 38 Loy. Consumer L. Rev. 131 (2026). I can’t find it on the web yet except on Westlaw at 38 LYCLREV 131. Here’s the concluding paragraph: In this current moment, with seemingly no checks on wrongdoing and little […]
Alexi Pfeffer-Gillet of Washington and Lee has written From Mutual Aid to Batched Plaintiffs: Arbitration’s Collective Roots and Procedural Future, 76 Emory Law Journal (2026). Here’s the abstract: Arbitration is spinning out of control. The seemingly innocuous private alternative to court has for decades been the primary battleground for consumers and employees with widespread claims […]
Alisher Juzgenbayev, a J.D./Ph.D. Candidate at Northwestern, has written The Vanishing Enforcer: Consumer Protection in an Era of Dual Retrenchment, 120 Nw. L. Rev. 1449 (2026). Here’s the abstract: Recent developments, including reductions in the federal workforce, effective suspension of certain enforcement activities, and attempted centralization of independent agency rulemaking in the White House, have […]
At 38 Loyola Consumer Law Review 183 (2026). Here’s the abstract: The second Trump Administration has waged war against consumers and against the federal agencies that seek to protect consumers. It has tried to shut down the Consumer Financial Protection Bureau, expand the President’s authority to exert iron-fisted control over agency directors, and significantly shrink the federal workforce that in the […]
Here (behind paywall; disclosure: it includes a short piece I wrote).