Category Archives: Consumer Law Scholarship

Hosea Harvey Article on Disclosure Laws

Hosea H. Harvey of Temple has written Opening Schumer’s Box: The Empirical Foundations of Modern Consumer Finance Disclosure Law, 48 University of Michigan Journal of Law Reform (2014). Here's the abstract: This Article explores the fundamental failure of Congress’ twenty-five-year quest to utilize disclosure as the primary tool to both regulate credit card issuers and […]

Klonoff Predicts the Future for Class Actions

Robert H. Klonoff of Lewis & Clark has written Class Actions in the Year 2025: A Prognosis, Forthcoming in the Emory Law Journal. Here is the abstract: In this Article, I reflect on what the federal judiciary has done in recent years, and I attempt to predict what the class action landscape will look like […]

Reifa & Markou: Advertisers Know You are a Dog on the Internet!

Christine Riefa of Brunel and Christiana Markou of the European University Cyprus have written Online Marketing: Advertisers Know You are a Dog on the Internet!, in Savin, Trzaskowski (Eds) Research Handbook on EU Internet Law (Edward Elgar 2014) 383-410.  Here's the abstract: This piece explores the regulation of online marketing. The Internet has enabled advertisers […]

Michael Barr Article on Arbitration

Michael S. Barr of Michigan has written Mandatory Arbitration in Consumer Finance and Investor Contracts, 11 New York University Journal of Law and Business (2015). Here is the abstract: Mandatory pre-dispute arbitration clauses are pervasive in consumer financial and investor contracts — for credit cards, bank accounts, auto loans, broker-dealer services, and many others. These […]

Braucher & Orbach Article on Scamming: The Misunderstood Confidence Man

The late great Jean Braucher and Barak Orbach, both of Arizona, have written Scamming:  The Misunderstood Confidence Man, 27 Yale Journal of Law and the Humanities, (2015, Forthcoming).  Here's the abstract: Samuel Thompson, the swindler who gave name to confidence men (“con men”) was “a man of genteel appearance,” “ladies’ man,” and gifted with “persuasive powers.” […]

MarketWatch: Dodd-Frank is not killing mortgage access for home buyers

The story, based on a Fed study, is here. Excerpt: New rules designed to make sure borrowers can repay their mortgages haven’t curtailed the ability to buy a home, a Federal Reserve study says. * * * The Fed study didn’t find any evidence of credit restriction as a result of the rules. For instance, […]

Summary of Themes from Durkin, Elliehausen, Zywicki & Staten Book on Consumer Credit

Thomas A. Durkin, Gregory Elliehausen, both of the Fed, and Todd J. Zywicki of George Mason have written Consumer Credit and the American Economy: An Overview, Forthcoming in the Journal of Law, Economics and Policy, Here is the abstract: This article provides an introduction to a law review symposium by the Journal of Law, Economics, and […]

Major Chicago Conference: Contracting Over Privacy

The Journal of Legal Studies is holding a conference at the University of Chicago titled "Contracting Over Privacy" on October 16 & 17.  The conference features an all-star lineup. Here's the conference blurb: Information privacy is rapidly emerging as one of the key areas of consumer protection in our era. This conference will examine the […]

Jim Hawkins Asks if Bigger Companies Are Better for Low-Income Consumers

Jim Hawkins of Houston has written Are Bigger Companies Better for Low-Income Borrowers?: Evidence from Payday and Title Loan Advertisements, Forthcoming in the Journal of Law, Economics and Policy. Here is the abstract: Payday lending and title lending markets are dominated by a small number of large lenders.  Recent policy intervention into these markets in […]

Drobac: The Myth of ‘Legal’ Consent in a Consumer Culture

Jennifer Ann Drobac of Indiana's McKinney School has written The Myth of 'Legal' Consent in a Consumer Culture in FACETS OF CONSUMERISM IN A GLOBAL ECONOMY (Anand Pawar, ed., Twenty First Century Publications, 2015).  Here is the abstract: This Essay challenges the legal default of unquestioned human capacity for consent. It posits that legal capacity […]