Jean R. Sternlight of the University of Nevada, Las Vegas has written Hurrah for the Consumer Financial Protection Bureau: Consumer Arbitration As a Poster Child for Regulation, 48 St. Mary's Law Journal 343 (2016). Here is the abstract: Drawing on economic, psychological and philosophical considerations, this Essay considers whether consumers should be "free" to "agree" […]
Category Archives: Consumer Law Scholarship
Gregory Klass of Georgetown critiques the draft Restatement of Consumer Contracts treatment of privacy policies in The Quantitative Study of Privacy-Policy Decisions in the Draft Restatement of Consumer Contracts. Here is the abstract: The draft Restatement of the Law of Consumer Contracts includes six quantitative studies of judicial decisions, each used to support a rule […]
by Jeff Sovern Yesterday, the Senate Banking Committee released a press release that said in part: Today, U.S. Senate Committee on Banking, Housing and Urban Affairs Chairman Mike Crapo (R-Idaho) and Republican colleagues will file a Congressional Review Act (CRA) Joint Resolution of Disapproval in the Senate against the Consumer Financial Protection Bureau’s (CFPB) arbitration […]
by Jeff Sovern OIRA is the Office of Information and Regulatory Affairs (formerly headed by Cass Sunstein). It presides over the issuance of regulations by executive agencies, but not independent agencies (at least, not yet) like the CFPB. President Trump has nominated for its director George Mason Professor Neomi Rao, a former clerk for Justice Thomas and […]
Sarah Dadush of Rutgers has written Identity Harm, 89 University of Colorado Law Review (Forthcoming). Here is the abstract: In September 2015, the world learned that Volkswagen had rigged millions of its “clean diesel” vehicles with illegal software designed to cheat emissions tests. Contrary to what had been advertised, the vehicles are anything but clean. The […]
David Freeman Engstrom of Stanford has written Jacobins at Justice: The (Failed) Class Action Revolution of 1978 and the Puzzle of American Procedural Political Economy, 165 University of Pennsylvania Law Review (2017). Here is the abstract: In 1978, top DOJ officials in the Carter Administration floated a revolutionary proposal that would have remade the consumer class […]
Paige Marta Skiba and Jean Xiao of Vanderbilt have written Consumer Litigation Funding: Just Another Form of Payday Lending? 80 Law and Contemporary Problems (2017). Here is the abstract: This article provides a side-by-side comparison of payday lending and consumer litigation funding in order to aid policymakers. Funding has similarities with payday lending because they are […]
Andrea Freeman of Hawai'i has written Racism in the Credit Card Industry, 95 North Carolina Law Review 1071 (2017). Here's the abstract: In a social and financial climate characterized by deep racial and socioeconomic divide, racism against credit card applicants and consumers is a core piece of the systemic inequality that perpetuates dramatic disparities in wealth, […]
Sarah Duranske of Stanford has written This Article Makes You Smarter (Or, Regulating Health and Wellness Claims), Forthcoming in the American Journal of Law and Medicine. Here is the abstract: Information has power – to inspire, to transform, and to harm. Recent technological advancements have enabled the creation of products that offer consumers direct access […]
Stephanie Plamondon Bair of Brigham Young has written Dynamic Rationality, Forthcoming in the Ohio State Law Journal. Here is the abstract: In 1998, Christine Jolls, Cass Sunstein, and Richard Thaler published A Behavioral Approach to Law and Economics, one of the most important pieces of scholarship in decades. Their Article famously proposes a departure from […]