Kate Elengold of UNC and Sophie Laing Pine Tree Legal Assistance, Inc. have written Offsetting Justice: Using Government Power To Collect Private Debts, 175 Penn. L. Rev. (forthcoming 2027). Here’s the abstract: Private creditors regularly hire third-party debt collectors to recoup debt on their behalf by contacting, coercing, and suing consumer debtors. Scholars, advocates, and policymakers […]
Category Archives: Consumer Law Scholarship
Michael Blasie of Seattle has written Information Poverty and the Right to Understand. Here is the abstract: Legal systems around the world, and particularly in the United States, rest on a foundational delusion: that ordinary people can understand the laws and legal documents that govern them. Despite the growing focus on “access to justice,” most […]
Tamar Kricheli-Katz of Tel Aviv University and Florencia Marotta-Wurgler of NYU have written The Distributional Costs of Effective Consumer Regulation. Here’s the abstract: Disclosure is a cornerstone of consumer protection regulation, yet little is known about its differential effects across consumers. We study how disclosure format influences decision-making across the income distribution, drawing on insights from […]
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 […]
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. […]
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 […]
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 […]
Amelia O’Rourke-Owens has written Tearing Holes in Consumer Protection, Democracy’s Safety Net. Or: 2-4-6-8, Dodd-Frank is pretty great! 3-5-7-9, policymakers must save the CFPB just in time! Here’s the abstract: Financial protection laws safeguard all individuals regardless of wealth, race, or age. Indeed, they impact nearly every person living in the United States, as it’s impossible […]
Matthew Gaske of Indiana University – Kelley School of Business has written State Attorneys General and Federalist Technology Regulation. Here’s the abstract: Consumers are adopting novel technologies at increasing rates. These technologies’ versatility requires policymakers to weigh regulatory tradeoffs of increasing complexity. New laws addressing consumer-technology risks are slow to emerge, incoherent, or avoidable. Meanwhile, federal […]