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 […]
Category Archives: Consumer Law Scholarship
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 […]
Rajashri Chakrabarti of the Federal Reserve Bank of New York, Daniel Garcia of the Columbia Business School, Donald P. Morgan, also of the NY Fed, and Lee Seltzer of the NY Fed have written Less for You, More for Me: Credit Reallocation and Rationing Under Usury Limits. Here’s the abstract: Many states have capped consumer […]
Here, at Ballard Spahr’s Consumer Financial Law Monitor podcast. The authors are Pamela Foohey of Georgia, Robert M. Lawless of Illinois College of Law and Deborah Thorne, Professor of Sociology at the University of Idaho, and the book is about who seeks bankruptcy and what drives them to do so. Warning: you will order the […]
Angela Littwin of Texas, Adrienne Adams of Michigan State University, and Angie Kennedy, also of Michigan State have written Ineffective Relief for Coerced Debt: The Failure of Divorce and Debtor-Creditor Law to Address Debt Created by Domestic Violence. Here’s the abstract: Coerced debt occurs when the abusive partner in a relationship characterized by domestic violence (DV) […]