Category Archives: Consumer Law Scholarship

Critics of Behavioral Law & Econ Strike Back on Credit Cards

Thomas A. Durkin and Gregory Elliehausen, both of the Fed, and Todd J. Zywicki of George Mason have written An Assessment of Behavioral Law and Economics Contentions and What We Know Empirically About Credit Card Use by Consumers.  Here is an abstract: “Behavioral Law and Economics” (BLE) is a specialized component of the legal literature […]

Philadelphia Fed Authors on What Consumers Learn From Identity Thefts

Julia S. Cheney, Robert M. Hunt, Vyacheslav Mikhed, and Dubravka Ritter all of the Philadelphia Fed, have written Identity Theft as a Teachable Moment.  Here is the abstract: This paper examines how instances of identity theft that are sufficiently severe to induce consumers to place an extended fraud alert in their credit reports affect their […]

Stark et al. on Mortgage Disclosures

Debra Pogrund Stark of John Marshall,Jessica M. Choplin of DePaul University, Mark A. LeBoeuf of DePaul and Andrew G. Pizor of the National Consumer Law Center have written Dodd-Frank 2.0: Creating Interactive Home-Loan Disclosures to Enable Shrewd Consumer Decision-Making, forthcoming in the Loyola Consumer Law Review. Here's the abstract: Congress and the Consumer Financial Protection […]

Hart on Kim’s Wrap Contracts

Danielle Kie Hart of Southwestern has written Form & Substance in Nancy Kim's Wrap Contracts, 44 Southwestern University Law Review (2014 Forthcoming).  Here's the abstract: Nancy Kim’s book, Wrap Contracts, is ambitious and well worth reading. Kim coins the term “wrap contracts” to expose, explain and demystify the world of mostly online contracting. By revealing […]

Brescia & Martin on Local Government Responses to Underwater Mortgages

Raymond H. Brescia and Nicholas M. Martin, both of Albany have written The Price of Crisis: Eminent Domain, Local Governments, and the Value of Underwater Mortgages, forthcoming in 24 Temple Political & Civil Rights Law Review (2014).  Here's the abstract:   Governments at all levels in the U.S. have deployed a range of tactics to […]

Lauren Willis Paper: Performance-Based Consumer Law

Lauren E. Willis of Loyola Los Angeles has written Performance-Based Consumer Law.  Here is the abstract: When firm and consumer interests are not well-aligned, the resulting transactions are often lousy, whether one uses consumer autonomy or consumer welfare as the metric.  With modern experimental and data analysis techniques, firms can run circles around the law’s […]

Wasserman Article on Global Solutions to Mass Torts

Rhonda Wasserman of Pittsburgh has written Future Claimants and the Quest for Global Peace, Forthcoming in 64 Emory Law Journal (2014),  Here's the abstract: In the mass tort context, the defendant typically seeks to resolve all of the claims against it in one fell swoop.  But the defendant’s interest in global peace is often unattainable in […]

Paper on Privacy Harms and the Notice and Choice Framework

Joel R. Reidenberg, N. Cameron Russell, Alexander J. Callen, Sophia Qasir, and Thomas B. Norton, all of Fordham, have written Privacy Harms and the Effectiveness of the Notice and Choice Framework. Here is the abstract: In the last fifteen years, the Federal Trade Commission and the White House have promoted notice and choice as the […]

Ron Elwood on Payday Lending

Ron Elwood has written The Verdict Is in: Payday Lending Is Guilty as Charged, Clearinghouse Review: the Journal of Poverty Law & Policy.  Here's the abstract: The payday loan is symptomatic of the failure to provide access to reasonably priced credit. By understanding the fallacies in the arguments used to justify payday loans, advocates can […]

Business Lawyer Update on Automotive Consumer Finance

Kevin M. McDonald of VW Credit, Inc. and Kenneth J. Rojc of Nisen & Elliott, LLC have written Automotive Finance: Shifting into Regulatory Overdrive, 69 Bus. Law. 599 (2014).  Here is the abstract: As part of the Annual Survey of the American Bar Association Section on Business Law, this article examines the impact of the […]