by Jeff Sovern Abstracts are due September 16. The conference will be at Berkeley on March 2-3, 2023. More information here. This is always one of the best consumer law conferences of the year so if you have a paper that will be ready to be workshopped next spring, I urge you to submit it.
Category Archives: Consumer Law Scholarship
Bernard Chao of Denver has written Unjust Enrichment: Standing Up for Privacy Rights. Here is the abstract: In TransUnion LLC v. Ramirez, one of the country’s largest credit reporting agencies violated the Federal Credit Report Act (“FCRA”) by failing to “follow reasonable procedures to assure maximum possible accuracy . . ..” As a result, thousands of […]
Vijay Raghavan of Brooklyn has written Shifting Burdens at the Fringe, 102 Boston University Law Review (2022). Here’s the abstract: Scholars are increasingly arguing that consumer law can be a site of distribution. This raises at least two concerns: the classic argument associated with Louis Kaplow & Steven Shavell against redistributing income through legal rules, […]
by Jeff Sovern When Congress enacted the Credit CARD Act of 2009, it provided that credit card penalty fees, like late fees, “shall be reasonable and proportional” and gave the Fed the power–later transferred to the CFPB–to set safe harbor amounts which would presumptively be reasonable and proportional. But it didn’t limit fees for credit […]
Leigh Osofsky and Kathleen DeLaney Thomas, both of North Carolina, have written Implicit Legislative Bias: The Case of the Mortgage Interest Deduction, 56 UC Davis Law Review (2022). Here is the abstract: The home mortgage interest deduction is over 100 years old. The deduction has been subject to increasing and, at times, withering criticism from […]
Mateusz Grochowski of the Max Planck Institute for Comparative and International Private Law; Yale Law School; Polish Academy of Sciences – Institute of Legal Studies; Agnieszka Jabłonowska of the University of Lodz – Faculty of Law and Administration; European University Institute – Department of Law (LAW); Francesca Lagioia of the European University Institute – Department […]
John P. Hunt of UC-Davis has written The Failed Legal Case Against Student Debt Jubilee. Here is the abstract: This paper reviews and rebuts the arguments presented to date that the Executive lacks authority to engage in mass student loan cancellation. Legality skeptics have presented no compelling argument that the relevant statutory text, which authorizes the […]
Aaron L. Nielson of Brigham Young has written What Happens If the FTC Becomes a Serious Rulemaker? forthcoming in FTC's Rᴜʟᴇᴍᴀᴋɪɴɢ Aᴜᴛʜᴏʀɪᴛʏ (Concurrences 2022). Here's the abstract: The Federal Trade Commission (FTC) is no one’s idea of a serious rulemaker. To the contrary, the FTC is in many respects a law enforcement agency that operates […]
We received the following call for papers: Nikita Aggarwal, Matt Bruckner, Kathleen Engel and Cre Johnson are putting together proposals for a symposium on AI, Consumer Credit, and Discrimination. They are applying to multiple law reviews on a rolling basis. If you have a project that fits within the proposed topic and are interested in […]
We received the following Call for Papers: On April 6, 2022, in addition to announcing an extension of the federal student loan payment pause, the White House announced that the U.S. Department of Education is taking steps to give a fresh start to millions of struggling borrowers who are currently in default on their federal […]