Kenneth K. Ching of Regent has written What We Consent to When We Consent to Form Contracts: Market Price. Here is the abstract: Contracts require consent, yet no one reads form contracts. So what do we consent to when we consent to form contracts? Scholarly answers to this question range from “we consent to everything […]
Category Archives: Consumer Law Scholarship
Anne Fleming of Georgetown has written The Rise and Fall of Unconscionability as the 'Law of the Poor,' 102 Georgetown Law Journal No. 5 (2014). Here's the abstract: What happened to unconscionability? Here’s one version of the story: The doctrine of unconscionability experienced a brief resurgence in the mid-1960s at the hands of naive, left-liberal, […]
The "INTERNATIONAL JOURNAL ON CONSUMER LAW AND PRACTICE, published by the National Law School of India University (NLSIU), Bangalore, has issued a call for papers. The deadline is September 1. More information below the fold.
Nancy S. Kim of California Western has written Exploitation by Wrap Contracts — Click 'Agree', 39 California Bar IP Journal, no. 2, pp. 10-17 (2014). Here is the abstract: A spate of news articles involving online agreements has made headlines recently. They provide cautionary tales of the brave new world of wrap contracts where unwitting users […]
Woodrow Hartzog of Samford's Cumberland School of Law and Stanford's Center for Internet and Society and Daniel J. Solove of George Washington have written The Scope and Potential of FTC Data Protection, 83 George Washington Law Review (2015, Forthcoming). Here is the abstract: For more than fifteen years, the Federal Trade Commission (FTC) has regulated privacy […]
On Monday, Brian posted a link to Linda Mullenix's article, Ending Class Actions as We Know Them. But Professor Mullenix has more thoughts on aggregate litigation, appearing in Reflections of a Recovering Aggregationist, 15 U. Nev. L. Rev., (2014 Forthcoming). Here's the abstract: The past fifty years have experienced a radical reformation of civil litigation in […]
Debra Pogrund Stark of John Marshall, Jessica M. Choplin a DePaul psychologist, Joseph A. Mikels, also a DePaul psychologist, and Amber Schonbrun McDonnell have written Complex Decision-Making and Cognitive Aging Call for Enhanced Protection of Seniors Contemplating Reverse Mortgages, 46 Arizona State Law Journal (2014). Here is the abstract: This article explains what reverse mortgages […]
Elizabeth De Armond of Chicago-Kent has written Preventing Preemption: Finding Space for States to Regulate Consumers’ Credit Reports. Here is the abstract: The Great Recession awoke state legislators to the power of individuals’ credit reports to hinder economic opportunities. Many legislators would like to assuage the effects of bad historical events on the futures of […]
Michelle Boardman of George Mason has written Consent and Sensibility: A Review of Margaret Jane Radin's Book, 'Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law,' 127 Harvard Law Review 1967 (2014). Here is the abstract: In this book, Professor Margaret Radin offers a fresh look at the fit between boilerplate contracts and […]
Christopher R. Drahozal of Kansas has written AAA Consumer Arbitration, forthcoming in Beyond Elite Law: Access to Civil Justice for Americans of Average Means (Samuel Estreicher & Joy Radice eds. Cambridge University Press). Here's the abstract: This chapter has provided an overview of consumer arbitrations administered by the American Arbitration Association, the largest administrator of […]