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 […]
Category Archives: Consumer Law Scholarship
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.
David Horton and Andrea Cann Chandrasekher both of California, Davis, have written After the Revolution: An Empirical Study of Consumer Arbitration, 104 Georgetown Law Journal (Forthcoming 2015). Here's the abstract: For decades, mandatory consumer arbitration has been ground zero in the war between the business community and the plaintiffs’ bar. Some courts, scholars, and interest […]
William J. Woodward Jr.of Santa Clara has written Contraps, 66 Hastings Law Journal (2015). Here is the abstract: Forms that purport to govern consumer transactions are a central component of our modern consumer economy. They are routinely enforced because consumers are said to “manifest assent” to them, despite the fact that they are not read […]
by Jeff Sovern Some years ago, I wrote an article in which I speculated that disclosing to consumers that consumers rarely redeem rebates might cause consumers to disregard rebate offers. Better-known scholars, like Ian Ayres and Oren Bar-Gill, have expressed similar thoughts. Well, a new study suggests that the contrary is true. Molly Mercer of DePaul's […]