Category Archives: Consumer Law Scholarship

Nathalie Martin Article Calls for Federal Usury Cap

Nathalie Martin of New Mexico has written Public Opinion and the Limits of State Law: The Case for a Federal Usury Cap, 34 North Illinois University Law Review (2014). Here's the abstract: This Article calls on Congress to set a federal interest rate cap of 36%, applicable to all loans. Part II of this Article briefly describes […]

Wilson on Prepaid Cards

Catherine Lee Wilson of Nebraska has written Making Prepaid Safe for Consumers:  A Framework for Providing Deposit Insurance and Regulation E Protections, Forthcoming in the University of Pennsylvania Journal of Business Law.  Here's the abstract: General purpose reloadable prepaid cards are part of a larger trend toward a cashless society.  This market offers significant benefits […]

Zywicki & Durkin: Why Everything Elizabeth Warren Told You About Consumer Credit Is Wrong

by Jeff Sovern The op-ed is here, at Forbes.com.  Except that if you want to find out why everything Warren said is wrong, maybe the op-ed wouldn't be the place to look.  Here's the lead: Why do people borrow? To hear law professor turned Senator Elizabeth Warren, it is because they are seduced by rapacious […]

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 […]