Richard Frankel of Drexel has written Concepcion and Mis-Concepcion: Why Unconscionability Survives the Supreme Court's Arbitration Jurisprudence, 17 Journal of Dispute Resolution. Here is the abstract: States have long relied on the doctrines of unconscionability and public policy to protect individuals against unfair terms in mandatory arbitration provisions. The Supreme Court recently struck a blow […]
Category Archives: Consumer Law Scholarship
Talia B Gillis, a doctoral student at Harvard, has written Putting Disclosure to the Test: Toward Better Evidence-Based Policy. Here is the abstract: Financial disclosures no longer enjoy the immunity from criticism they once had. While disclosures remain the hallmark of numerous areas of regulation, there is increasing skepticism as to whether disclosures are understood […]
Shmuel I. Becher of the College of Management (Israel) – School of Law and Yuval Feldman of Bar-Ilan University have written Non-Verbal Market Manipulation. Here is the abstract: Consumers make purchasing decisions in various markets every day. Contrary to common belief, such decision-making is often not the result of deliberate analysis of information and data […]
Jim Hawkins of Houston has written Using Advertisements to Diagnose Behavioral Market Failure. Here is the abstract: In imperfect markets where consumers have malleable preferences and bounded rationality, advertising has the potential to increase demand for products through persuasion and through information that exploits systematic mistakes that consumers make. Scholarship on advertising has criticized it […]
Siona Robin Listokin of George Mason's School of Policy, Government, and International Affairs has written Industry Self Regulation of Data Privacy and Security. Here is the abstract: Industry self-regulation of consumer data privacy and security has been proposed as a flexible alternative and compliment to traditional government regulation. This study analyzes whether different types of existing […]
Guest Post by Professors David Horton & Andrea Cann Chandrasekher: We recently posted our draft article, After the Revolution: An Empirical Study of Consumer Arbitration, 104 Geo. L.J. — (forthcoming 2015) on the Social Science Research Network. On June 22, well-known corporate defense lawyers Alan S. Kaplinsky and Mark J. Levin published a critique of […]
Amy Schmitz of Colorado has written Secret Consumer Scores and Segmentations: Separating Consumer 'Haves' from 'Have-Nots', Michigan State Law Review, p. 1411 (2014). Here is the abstract: “Big Data” is big business. Data brokers profit by tracking consumers’ information and behavior both on- and offline and using this collected data to assign consumers evaluative scores […]
Ahmed E. Taha of Pepperdine has written Selling the Outlier, forthcoming in the Journal of Corporation Law. Here is the abstract: Advertisements for products ranging from weight-loss programs to mutual funds regularly feature the results of people who have used the product. However, these advertisements often present the results only of people who had an atypically […]
Rena I. Steinzor of Maryland and the Center for Progressive Reform has written (Still) 'Unsafe at Any Speed': Why Not Jail for Auto Executives? Harvard Law & Policy Review (Forthcoming). Here's the abstract: Americans can be forgiven for wondering what has gone so drastically wrong with the companies that sell automobiles. In 2014, 64 million, […]
. . . in the Southwestern Law Review, as reported with links to pdfs by the ContractsProfBlog.