Category Archives: Consumer Law Scholarship

Helveston Paper on Courts and Consumer Protection

Max N. Helveston of DePaul has written Judicial Deregulation of Consumer Markets, forthcoming in the Cardozo Law Review. Here's the abstract:   The dangers posed by insufficiently regulated consumer markets are both real and monumental. While the rights of consumers expanded drastically in the mid-to-late twentieth century, these protections have weakened in the new millennium. […]

Kim & Telman on Internet Giants as Quasi-Governmental Actors and Contractual Consent

Nancy S. Kim of California Western and D. A. Jeremy Telman of Valparaiso have written Internet Giants as Quasi-Governmental Actors and the Limits of Contractual Consent, Forthcoming in the Missouri Law Review. Here is the abstract: Although the government’s data-mining program relied heavily on information and technology that the government received from private companies, relatively little […]

Vairo on Class Actions

Georgene M. Vairo of Loyola Los Angeles haw written Is the Class Action Really Dead? Is that Good or Bad for Class Members? 64 Emory Law Journal 477 (2014). Here's the abstract: Recent Supreme Court decisions have tightened up the standards for obtaining class certification and virtually eliminate class arbitration as well. However, while the […]

Study of Public Participation in Rulemaking and Plain Language

Cynthia R. Farina, Mary Newhart, and Cheryl L. Blake, all of Cornell, have written The Problem with Words: Plain Language and Public Participation in Rulemaking, George Washington Law Review (2015 Forthcoming). Here's the abstract: The connection between more understandable rulemaking materials and broader, better public participation seems obvious, Yet the series of Presidential and statutory […]

Does Pre-Submission Media Coverage Increase the Odds of a Good Article Placement?

by Jeff Sovern As law students, law professors, and lawyers know, most law reviews are edited by law students, which means that law students select the articles that appear in their journals.  The prime submission season is just underway, and so newly-minted law review editors—most in their second year of law school—are choosing among the […]

Paper on Food and Beverage Marketing to Youth

Andrew Cheyne, Pamela Mejia, Laura Nixon, and Lori Dorfman, all of the Berkeley Media Studies Group, have written Food and Beverage Marketing to Youth, Current Obesity Reports, September 2014. Here's the abstract: After nearly a decade of concern over the role of food and beverage marketing to youth in the childhood obesity epidemic, American children […]

Ronald Mann on Whether Payday Loan Defaults Matter

Ronald J. Mann of Columbia has written Do Defaults on Payday Loans Matter?  Here's the abstract: This essay examines the effect on a borrower’s financial health of failure to repay a payday loan. Recent regulatory initiatives suggest an inclination to add an “ability to pay” requirement to payday-loan underwriting that would be fundamentally inconsistent with […]

Sickler Article on Why Courts Require Filing Suits to Rescind Under TILA

Alexandra Power Everhart Sickler of North Dakota has written The Truth Shall Set You Free: Explaining Judicial Hostility to the Truth in Lending Act’s Right to Rescind a Mortgage Loan, forthcoming in the Rutgers Journal of Law and Urban Policy. Here is the abstract: The Supreme Court is entertaining a divide among the federal circuits […]

Mary Heen Paper Asks: Should Insurers Be Able to Discriminate

Mary L. Heen of Richmond has written Nondiscrimination in Insurance:  The Next Chapter, 49 Georgia Law Review (2014-2015).  Here is the abstract: For nearly 150 years, American insurance companies have engaged in race and gender pricing practices that would be illegal if followed today by any other major commercial enterprise.  The insurance industry has defended its […]