Just in time for the Supreme Court's oral argument on Tuesday in Wells Fargo v. Miami, Suffolk's Kathleen Engel, an important thinker on consumer law, has written Local Governments and Risky Home Loans, 69 Southern Methodist University Law Review 609. Here is the abstract: Municipalities from the Central Valley in California to Upstate New York bear the […]
Category Archives: Consumer Law Scholarship
Anthony J. Sebok of Cardozo has written The Unwritten Federal Arbitration Act, 65 DePaul Law Review (2016). Here's the abstract: Justice Scalia’s opinion in AT&T Mobility LLC v. Concepcion presented a new challenge to lawyers and scholars concerned with the unbridled growth of mandatory consumer arbitration. Not only did the decision continue to expand the scope […]
Christopher K. Odinet and Roederick C. White Sr., both of the Southern University Law Center, have written Regulating Debt Collection, Review of Banking and Financial Law, 2017 (Forthcoming). Here is the abstract: Debt collection. It often starts as a late night call carrying threats of being thrown in prison, ruin at the workplace, and trouble […]
Richard Marcus of Hastings has written Bending in the Breeze: American Class Actions in the Twenty-First Century, 65 DePaul Law Review (2016). Here's the abstract:: It is always better to have the breeze at your back, but that surely has not recently been the case for class action proponents. At the risk of overstating, there is […]
Jim Hawkins of Houston has written Exploiting Advertising, Law and Contemporary Problems, Forthcoming. Here's the abstract: Advertising’s goal, we all know, is to cause people to spend more money. Often, it exploits bad decision-making to accomplish it. This Article hopes to turn the tables and offer a way for policymakers to exploit the information presented […]
David A. Hyman of Illinois, David J. Franklyn of San Francisco, Calla E. Yee, and Mohammad Hossein Rahmati of Sharif University of Technology have written Going Native: Can Consumers Recognize Native Advertising? Does it Matter? Here's the abstract: Native advertising, which matches the look and feel of unpaid news and editorials, has exploded online. The Federal […]
John M. Newman of Memphis has written The Myth of Free. Here's the abstract: Myths matter. This Article is the first to squarely confront a powerful myth that pervades modern economic, technological, and legal discourse: the Myth of Free. The prevailing view is that consumers capture massive welfare surplus from an ever-rising flood of innovative […]
Adam J. Levitin of Georgetown has written Pandora's Digital Box: Digital Wallets and the Honor All Wallets Rules. Here's the abstract: Digital wallets are poised to transform the world of retailing. These digital wallets, such as ApplePay and Android Pay, are “smart” payment devices that can integrate payments with two-way, real-time communications of any type […]
David L. Noll of Rutgers has written Regulating Arbitration, California Law Review, Forthcoming. Here's the abstract: Arbitration is everywhere, as are calls to regulate its use in consumer and employment contracts. But when should Congress and federal administrative agencies do so? That is, what is the policy rationale for regulating arbitration through federal legislation and agency […]
We received the following call for papers: The Board of Governors of the Federal Reserve System is hosting a research and policy conference on Financial Innovation: Online Lending to Households and Small Businesses, to be held in Washington, DC on December 2, 2016. The purpose of the conference is to bring together academics, industry participants, […]