Category Archives: Consumer Law Scholarship

Paper: Consumer Access to Credit Decreases in States Whose Senators Become Powerful

Pat Akey of the University of Toronto – Rotman School of Management, Rawley Heimer of the Boston College – Department of Finance, and Stefan Lewellen of the London Business School have written Politicizing Consumer Credit. Here's the abstract: Using proprietary credit bureau data, we find that consumers’ access to credit decreases by 4.5 percent–8 percent […]

Paper on the Impact of Judicial vs. Nonjudicial Foreclosure on Mortgage Origination

Brian D. Feinstein a Bigelow Fellow at Chicago has written Judging Judicial Foreclosure.  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 of the mortgage […]

Ware Article: The Centrist Case for Enforcing Adhesive Arbitration Agreements

Stephen J. Ware of Kansas has written The Centrist Case for Enforcing Adhesive Arbitration Agreements, Forthcoming in the Harvard Negotiation Law Review.  Here is the abstract: "The Politics of Arbitration Law and Centrist Proposals for Reform", 53 Harvard J. on Legislation 711 (2016), explained how issues surrounding consumer, and other adhesive, arbitration agreements became divisive along predictable political lines […]

Marcus Article on the History of Class Actions 1981-1994

David Marcus of Arizona has written The History of the Modern Class Action, Part II: Litigation and Legitimacy, 1981-1994,  Fordham Law Review (forthcoming 2018). Here is the abstract: The first era of the modern class action began in 1966, with revisions to Rule 23 of the Federal Rules of Civil Procedure. It ended in 1980. […]

CFP: Northeast Privacy Scholars Workshop

We received the following call for papers: The Innovation Center for Law and Technologyat New York Law School and The Center on Law and Information Policyat Fordham University School of Law are pleased to issue this Call for Papers for the inaugural Northeast Privacy Scholars Workshop, which will take place at New York Law School on October […]

Hoofnagle on FTC Regulation of Cybersecurity and Surveillance

Chris Jay Hoofnagle of Berkeley has written FTC Regulation of Cybersecurity and Surveillance, in The Cambridge Handbook of Surveillance Law (David Gray and Stephen Henderson, eds)(Cambridge University Press 2017). Here's the abstract: The Federal Trade Commission (FTC) is the United States’ chief consumer protection agency. Through its mandate to prevent unfair and deceptive trade practices, […]

Edwards Article: Arbitration’s Dark Shadow

Benjamin P. Edwards of Nevada has written Arbitration's Dark Shadow, Nevada Law Journal, Forthcoming.  Here's the abstract: Arbitration has expanded broadly, removing disputes involving entire industries from judicial review. The absence of judicial review plunges these disputes and industries into shadow. This shadow causes the public to lose sight of vital information about industry practices […]

Paper on the Right to Be Forgotten in the US

Patrick O'Callaghan of University College Cork has written The Chance 'to Melt into the Shadows of Obscurity': Developing a Right to Be Forgotten in the United States, A. Cudd & M. Navin (eds) Privacy: Core Concepts and Contemporary Issues (New York: Springer, 2018) (Forthcoming). Here is the abstract: This chapter argues that there is some […]

Arbel Article Proposes that Administrative Agencies Sanction Filing of Baseless Claims Filed Against Consumers

Yonathan A. Arbel of Alabama has written Adminization: Gatekeeping Consumer Contracts, Vanderbilt Law Review, Forthcoming.  Here's the abstract: Large companies and debt collectors frequently file unmeritorious claims against consumers. Recent high-profile actions brought by the Consumer Financial Protection Bureau (CFPB) against JP Morgan, Citibank, and large debt collectors illustrate the breadth and importance of this phenomenon. Due to […]

Fed Study of Fintech Lending and Consumers

Julapa Jagtiani and Catharine Lemieux of the Fed have written Fintech Lending: Financial Inclusion, Risk Pricing, and Alternative Information. Here's the abstract: Fintech has been playing an increasing role in shaping financial and banking landscapes. Banks have been concerned about the uneven playing field because fintech lenders are not subject to the same rigorous oversight. There have also […]