Joseph M Hnylka of Nova Southeastern has written Continuing to Litigate after You Have Won: Courts Defy Article III to Avoid Mooting TCPA Class Actions, Despite Defendants’ Rule 68 Offers of Complete Relief, 64 Drake Law Review (2016). Here's the abstract: Every day, thousands of ordinary Americans receive unwelcome faxes, text messages, and prerecorded telephone calls […]
Category Archives: Consumer Law Scholarship
by Jeff Sovern My co-author, Kate Walton, and I have posted a draft of our new article, Are Validation Notices Valid? An Empirical Evaluation of Consumer Understanding of Debt Collection Validation Notices to SSRN. We would love comments on this version. Here's the abstract: A principal protection against the collection of consumer debts that are […]
by Jeff Sovern If I had known about this study a few days ago, I would have added it to my list for John Oliver. The study is Jonathan A. Obar & Anne Oeldorf-Hirsch, The Biggest Lie on the Internet: Ignoring the Privacy Policies and Terms of Service Policies of Social Networking Services (2016). The […]
David S. Schwartz of Wisconsin has written Justice Scalia's Jiggery-Pokery in Federal Arbitration Law, Minnesota Law Review, Vol. 101, Headnotes 75 (2016). Here's the abstract: "Jiggery-pokery," a phrase introduced into the U.S. Reports by the late Justice Scalia, is emblematic of Justice Scalia's style — both his lively writing style and his penchant for criticizing his […]
Harvard Law S.J.D. candidate and John M. Olin Fellow Meirav Furth-Matzkin has written On the Surprising Use of Unenforceable Contract Terms: Evidence from the Residential Rental Market. Here is the abstract: This paper explores the prevalence of unenforceable terms in consumer contracts. Taking the residential rental market in the Greater Boston Area as a test […]
Ari Ezra Waldman of New York Law has written Manipulating Trust on Facebook, 29 Loyola Consumer Law Review. Here is the abstract: Facebook is built on gathering massive amounts of information from its users. To maximize the data it collects, Facebook relies on the trust we have in our friends to encourage us to share […]
Stephen J. Ware of Kansas has written The Politics of Arbitration Law and Centrist Proposals for Reform, 53 Harvard Journal on Legislation (2016). Here is the abstract: Arbitration law in the United States is far more controversial when applied to individuals than to businesses. While enforcement of arbitration agreements between businesses sometimes raises legal issues that […]
Jane R. Bambauer, Jonathan D. Loe, and D. Alex Winkelman, all of Arizona have written A Bad Education, 2016 University of Illinois Law Review ___ (Forthcoming). Here is the abstract: Mandated disclosure laws achieve their regulatory goals by educating the public about latent attributes of a product or service. At their best, they improve the accuracy of […]
Oren Bar-Gill of Harvard and Omri Ben-Shahar of Chicago have written Optimal Defaults in Consumer Markets. Here's the abstract: The design of default provisions in consumer contracts involves an aspect that does not normally arise in other contexts. Unlike commercial parties, consumers have only limited information about the content of the default rule and how […]
Amy Schmitz of Missouri has written Remedy Realities in Business-to-Consumer Contracting, 58 Arizona Law Review 213 (2016). Here is the abstract: Professor Jean Braucher greatly contributed to the exploration of consumer and contract law by questioning how the law operates in the real world and highlighting the importance of “law in action.” In recognition of that […]