Category Archives: Consumer Law Scholarship

Andrea Boyack discusses her survey of abusive boilerplate terms on the Consumer Finance Monitor Podcast

Here. From the description of the episode: Today, we are joined again by Professor Boyack who has written a follow-up article entitled: “Abuse of Contract: Boilerplate Erasure of Consumer Counterparty Rights,” University of Missouri School of Law Legal Studies Research Paper No. 2024-03, which is the subject of our new show. The abstract of her […]

Podcast: Should Congress Create a New Federal Charter for Non-Bank Payments Companies?

Here. The Consumer Finance Monitor podcast episode consists of an interview with Cornell’s Dan Awrey about his working paper “Money and Federalism,” “in which he advocates for the enactment of Federal legislation creating a federal charter for non-banks engaged in the payments business, like PayPal and Venmo.”

Lary Kirsch paper on State AGs and unfair mortgage lending

Larry Kirsch has written Power-Balancing: State Attorneys General and Unfair Mortgage Lending forthcoming in 9 International Review of Financial Consumers. Here’s the abstract: This paper is a case study in the enforcement of state unfair trade practice laws targeted at predatory mortgage lending and securitization abuses during the Global Financial Crisis of 2008. It considers how […]

Loyola Consumer Law Review Call for Writers & Speakers at March Symposium on Big Tech and the Consumer

We received the following call for writers and speakers: The Loyola Consumer Law Review Seeking Writers, Speakers for its 2025 Symposium on “Big Tech” and the Consumer. The Loyola Consumer Law Review is hosting its annual symposium on March 21, 2025 at the Loyola University Chicago School of Law located in downtown Chicago. We are […]

Monestier article on Amazon comingling manufacturers’ products as deception

Tanya J. Monestier of Buffalo has written Amazon’s Dirty Little Secret, 69 Villanova Law Review 521 (2024). Here’s the abstract: You need new earbuds because one of yours just went missing. You log onto Amazon and scroll through the endless array of options. You finally select a pair “Sold by” Amazon and click “Buy Now.” […]

Green article on forced arbitration of discrimination claims

Michael Z. Green of Texas A&M has written Expanding the Ban on Forced Arbitration to Race Claims, 72 Kansas Law Review  455 (2024). Here’s the abstract: When Congress passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFASASHA”) in March 2022, it signaled a major retreat from the Supreme Court’s broad enforcement […]

Craig Cowie article on compliance climates

Craig Cowie of Montana has written Creating Compliance Climates, 75 UC Law Journal (2024). Here’s the abstract: Relatively few regulated entities are the targets of enforcement activity or otherwise have direct contact with regulators. Given that absence of direct contact, this Article posits that regulators influence behavior by creating “compliance climates” that project regulators’ priorities into […]

Peterson & Ehrlich paper on RESPA, corrupt joint ventures, and mortgage settlement services

Christopher Lewis Peterson of Utah and Jeffrey Paul Ehrlich of St. Thomas University and McGuireWoods LLP have written Corrupt Joint Ventures in the Market for Residential Real-Estate-Settlement Services. Here’s the abstract: Closing costs in residential-real-estate sales have long acted as a significant barrier to American home ownership. In the Real Estate Settlement Procedures Act of 1974 […]

Who Teaches Consumer Law reports on survey of consumer law professors

I wrote Who Teaches Consumer Law? forthcoming in the Journal of Consumer & Commercial Law. Here’s the abstract: This paper reports on a survey of 31 law professors teaching consumer protection law conducted in connection with the Center for Consumer Law & Economic Justice at the UC Berkeley School of Law and the Center for Consumer Law […]