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 […]
Category Archives: Consumer Law Scholarship
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 […]
Lauren E. Willis of Loyola Los Angeles has written what looks like another important article, The Consumer Financial Protection Bureau and the Quest for Consumer Comprehension. Here is the abstract: To ensure that consumers “understand [financial products’] costs, benefits, and risks,” the CFPB has been redesigning mandated disclosures, primarily through iterative lab testing. But no […]
Dennis D. Hirsch of Capital has written That's Unfair! Or Is It? Big Data, Discrimination and the FTC's Unfairness Authority, 103 Kentucky Law Journal (2015). Here is the abstract: Big data and data analytics (“big data”) can produce many social and economic benefits. But they can also generate privacy injuries and harmful discrimination. The governance of […]
Jason Scott Johnston of Virginia has written Do Product Bans Help Consumers? Questioning the Economic Foundations of Dodd-Frank Mortgage Regulation. Here is the abstract: The system of residential mortgage contact regulation enacted by the 2010 Dodd Frank Wall Street Reform and Consumer Protection Act of 2010 has been justified as necessary to prevent lenders from […]
Jim Hawkins of Houston has asked me to post the following: The AALS Section on Commercial and Related Consumer Law is pleased to announce a Call for Papers for its program co-sponsored by the Section on Women in Legal Education during the AALS 2016 Annual Meeting. The papers from the program will be published in […]