William McGeveran of Minnesota has written The Duty of Data Security, 102 Minnesota Law Review (2018, Forthcoming). Here is the abstract: As data breaches become larger and more frequent, the question naturally arises: what precautions does the law require of the data custodians who hold our personal information in their digital files? What is the legal duty of […]
Category Archives: Consumer Law Scholarship
Susan Block-Lieb of Fordham has written Cities as a Source of Consumers’ Financial Empowerment, 34 Emory Bankruptcy Developments J. 388 (2018). Here's the abstract: Although cities are a poor place to situate consumer protection regulation, especially “top down” efforts to “command and control” lending decisions, they are an especially good source of consumer “empowerment” initiatives. Consumer […]
by Jeff Sovern When I surveyed consumer law professors about the content of their courses, I also asked them whether they read consumer contracts and mandated disclosures in their personal lives. Here is an excerpt, but the article has more: Not one professor reported always reading contracts or disclosures. In contrast, 57% said they rarely or […]
Joseph Sanders and Vijay Raghavan, both of the Office of the Illinois Attorney General have written Improvident Student Lending, Utah Law Review (2018). Here is the abstract: The idea that lending without regard to ability to repay should be illegal is not particularly new, but it gained purchase in recent years with the rapid growth of high-cost […]
Anne Fleming of Georgetown has written The Long History of 'Truth in Lending', 30 Journal of Policy History (2018). Here's the abstract: This article offers the first comprehensive history of the development of mandatory disclosure rules for the cost of consumer credit. In contrast to prior studies, which begin with the creation of federal disclosure rules […]
Chen He of the Tilburg Law and Economics Center and Tobias J. Klein of the Tilburg University Department of Econometrics & Operations Research, Center for Economic Research, Law and Economics Center; IZA Institute of Labor Economics; and Netspar, have written Advertising as a Reminder: Evidence from the Dutch State Lottery. Here is the abstract: We use […]
Rory Van Loo of BU has written Regulatory Police, forthcoming in the Columbia Law Review. Here is the abstract: The front line for business regulation — Environmental Protection Agency (EPA) engineers, Consumer Financial Protection Bureau (CFPB) examiners, and Nuclear Regulatory Commission (NRC) inspectors, among others — guard against toxic air, financial ruin, and deadly explosions. Like police officers […]
Brian Feinstein of Penn's Wharton School has written Judging Judicial Foreclosure, 15 Journal of Empirical Legal Studies, 406 (2018). Here is the abstract: For the third time in the last several decades, policymakers are contemplating an overhaul of mortgage‐finance regulations. Despite the considerable attention paid to how ex ante regulations affect the availability of credit and the appropriateness […]
David L. Noll of Rutgers has written Public Litigation, Private Arbitration? 18 Nev. L.J. 477 (2018). Here is the abstract: How should legal disputes be allocated between litigation and arbitration? Given strong incentives for many actors to arbitrate everything, the question turns fundamentally on the scope of arbitration under the applicable law. In "Re-Inventing Arbitration: How Expanding the […]
We have received the following announcement: The Pound Civil Justice Institute will make a Civil Justice Scholarship Award, bi-annually as possible, to recognize current scholarly legal research and writing focused on topics in civil justice, including access to justice and the benefits of the U.S. civil justice system, as well as the right to trial […]