Category Archives: Consumer Law Scholarship

Linda Fisher & Judith Fox Book: The Foreclosure Echo: How the Hardest Hit Have Been Left Out of the Economic Recovery

It's to be published next month by Cambridge and sounds like an important contribution. Here's a description: The Foreclosure Echo tells the story of the ordinary people whose quest for the American dream was crushed in the foreclosure crisis when they were threatened with losing their homes. The authors, Linda E. Fisher and Judith Fox […]

How often do elite law reviews publish consumer law articles: evidence from six journals

by Jeff Sovern I wanted to know if the law reviews in elite schools that teach consumer law have published more consumer law articles in the last five years than law reviews in elite schools that don’t offer the course.  Consequently, I asked a research assistant, Sara Krastins, to look at the articles published in […]

Odinet article on student debt, fintech, and discrimination

Christopher K. Odinet of Oklahoma has written The New Data of Student Debt, 92 Southern California Law Review (Forthcoming). Here is the abstract: Silicon Valley is increasingly setting its sights on student lending. Financial technology (fintech) firms such as SoFi, CommonBond, and Upstart are ever-expanding their online lending activities to help students finance or refinance […]

Prince & Schwarcz article on how AI is a game-changer for proxy discrimination

Anya Prince of Iowa and Daniel Schwarcz of Minnesota have written Proxy Discrimination in the Age of Artificial Intelligence and Big Data, Iowa Law Review, Forthcoming. Here's the abstract: Big data and Artificial Intelligence (“AI”) are revolutionizing the ways in which firms, governments, and employers classify individuals. Surprisingly, however, one of the most important threats […]

Bruckner et al. article on when the DOE should not contest the discharge of student loans

Matthew A. Bruckner of Howard, Brook Gotberg of Missouri, Dalié Jiménez of Irvine and Harvard's Center on the Legal Profession, and Chrystin D. Ondersma of Rutgers have written No-Contest Discharge for Uncollectable Student Loans, forthcoming in the University of Colorado Law Review (2020). Here is the abstract: Over 44 million Americans owe more than 1.4 trillion […]

Reidenberg et al. Article on Trustworthy Privacy Indicators

Joel R. Reidenberg of Fordham, together with four co-authors, has written Trustworthy Privacy Indicators: Grades, Labels, Certifications and Dashboards, 96 Washington University Law Review  (2019).  Here's the abstract: Despite numerous groups’ efforts to score, grade, label, and rate the privacy of websites, apps, and network-connected devices, these attempts at privacy indicators have, thus far, not been […]

Gilles & Friedman paper on Qui Tam as a model for enforcement of group rights

Myriam E. Gilles of Cardozo and Gary B. Friedman of the Friedman Law Group have written The New Qui Tam: A Model for the Enforcement of Group Rights in a Hostile Era. Here is the abstract: The present Administration has made clear it has no interest in enforcing statutes designed to protect workers, consumers, voters and […]

Bradley Paper: The Consumer Protection Ecosystem

Christopher G. Bradley of Kentucky has written The Consumer Protection Ecosystem: Law, Norms, and Technology. Here is the abstract: Consumer law provokes fierce policy debate on issues from identity theft to online privacy, from arbitration clauses and class action lawsuits to Americans’ accumulation of debt and the unsavory practices sometimes used to collect. Pervasive technology in […]

Hayashi Paper: Consumer Law Myopia

Andrew T. Hayashi of Virginia has written Consumer Law Myopia. Here is the abstract: People make mistakes with debt, partly because the chance to buy now and pay later tempts them to do things that are not in their long-term interest. Lenders sell credit products that exploit this vulnerability. In this Article, I argue that critiques […]

A Way for Consumer Agencies to Generate Thought on Issues of Interest

by Jeff Sovern A post inspired by a question I heard Kathleen Engel ask: every year second-year students ask professors for suggestions for topics to write about for law reviews. Law professors and other lawyers also cast about for article topics.  Meanwhile, administrative agencies often confront questions about what the law is or how it […]