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 […]
Category Archives: Consumer Law Scholarship
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 […]
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 […]
Last year, we posted a link to Omri Ben-Shahar's review of Margaret Jane Radin's Boilerplate. Now she returns the favor by comenting on More Than You Wanted to Know: The Failure of Mandated Disclosure, the book he co-authored with Carl Schneider in her essay, Dismissing Disclosure? Here is the abstract: This essay responds to a […]
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 […]
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 […]