The Berkeley Center for Consumer Law & Economic Justice is holding its Consumer Law Scholars Conference on Thursday and Friday. More information, including the papers to be discussed, here. The Conference has an impressive list of participants and it promises to be a terrific event.
Category Archives: Consumer Law Scholarship
Natasha Sarin of Penn has written Making Consumer Finance Work. Here's the abstract: The financial crisis exposed major faultlines in banking and financial markets more broadly. Policymakers responded with far-reaching regulation that created a new agency—the CFPB—and changed the structure and function of these markets. Consumer advocates cheered reforms as welfare-enhancing, while the financial sector declared […]
Uri Benoliel of the College of Law and Business – Ramat Gan Law School and Shmuel I. Becher of the Victoria University of Wellington have written The Duty to Read the Unreadable. Here's the abstract: The duty to read doctrine is a well-recognized building block of U.S. contract law. Under this doctrine, contracting parties are held […]
Jacob Hale Russell of Rutgers and Stanford’s Arthur & Toni Rembe Rock Center for Corporate Governance has written Unconscionability’s Greatly Exaggerated Death. Here is the abstract: Reports of unconscionability’s demise are greatly exaggerated. According to conventional wisdom, the common-law contracts doctrine is rarely used, except in limiting clauses that purport to waive consumers’ remedial rights. In […]
Alexander Tsesis of Loyola of Chicago has written Marketplace of Ideas, Privacy, and Digital Audiences, forthcoming in the Notre Dame Law Review. Here's the abstract: The availability of almost limitless sets of digital information has opened a vast marketplace of ideas. Information service providers like Facebook and Twitter provide users with an array of personal […]
Kenneth P. Brevoort, Jasper Clarkberg, Michelle Kambara, and Benjamin Litwin, all currently or formerly at the CFPB, have written The Geography of Credit Invisibility. Here's the abstract: This study builds on the Bureau’s earlier work and examines the relationship between geography and credit invisibility. The importance of geography in accessing credit has been long-standing concern for […]
by Jeff Sovern Regular readers of the blog know that we often write about the ineffectiveness of disclosures, and plenty of others have the same complaint. But here's a bit of good news: a study by Michael Grubb, Paul Adams, Andrea Caflisch, Darragh Kelly, and Jeroen Nieboer, and Matthew Osborne, discussed at a recent FDIC Consumer […]
Ann M. Burkhart of Minnesota has written Fixing Foreclosure, 36 Yale Law & Policy Review (2018). Here is the abstract: Since the American Revolution, mortgage foreclosures have consisted of a public auction of the mortgaged property. Judges and state legislators at the time believed that an auction was the best way to obtain a fair price for the […]
Camilla E. Watson of Georgia has written Federal Financing of Higher Education at a Crossroads: The Evolution of the Student Loan Debt Crisis and the Reauthorization of the Higher Education Act of 1965. Here is the abstract: Currently, there are 44.2 million Americans holding student loan debt collectively totaling $1.5 trillion. This massive debt has a […]
Yonathan A. Arbel of Alabama has written Reputation Failure: Market Discipline and Its Limits. Here is the abstract: Free-market advocates seek to repeal broad swaths of tort, contract, and consumer law, trusting reputation to provide effective market-discipline. Their core belief is that reputation assures honest dealings because a seller reputed to sell inferior goods will lose […]