Here, with links to purchase the articles. The issue includes remarks from a program at the 2013 AALS Annual Meeting jointly sponsored by The Sections on Poverty Law and Clinical Legal Education, entitled The Debt Crisis and the National Response: Big Changes or Tinkering at the Edges? The list includes. The articles include: "Owner Finance! No Banks Needed!" […]
Category Archives: Consumer Law Scholarship
Sarah Rudolph Cole of Ohio State haas written The Federalization of Consumer Arbitration: Possible Solutions. Here is the abstract: Over the past fifteen to twenty years, businesses dramatically increased the use of arbitration clauses in contracts with consumers. Although commentators criticize the use of arbitration to resolve consumer disputes because arbitration lacks the due process […]
Neil L. Sobol of Texas A&M has written Protecting Consumers from Zombie-Debt Collectors, forthcoming in the New Mexico Law Review. Here is the abstract: The debt-collection business is booming, led by a dramatic increase in the sale and collection of defaulted debts. Currently, debt buyers annually purchase more than $100 billion in the face value […]
On the Contracts Prof Blog, as part of a symposium on Nancy Kim's Wrap Contracts: Foundations and Ramifications (Oxford UP 2013). An excerpt: Like asbestos in its heyday, manufacturers and service providers use “wrap contracts” everywhere. They have properties that facilitate commerce but that does not mean that they are not toxic and dangerous for those exposed to […]
James C. Cooper of George Mason has written The Perils of Excessive Discretion: The Elusive Meaning of Unfairness in Section 5 of the FTC Act. Here's the abstract: Section 5 of the Federal Trade Commission (FTC) Act gives the FTC an undefined mandate to prosecute "unfair methods of competition." For nearly 100 years, the Commission […]
Charles L. Knapp of Hastings has written Unconscionability in American Contract Law: A Twenty-First Century Survey. Here's the abstract: The notion that a court tasked with enforcing a private agreement should be allowed – or even, in some cases, required – to withhold enforcement because of the unfairness of the agreement is not a new […]
by Deepak Gupta If you'll be in New Orleans tomorrow (Friday, Nov. 15), I hope you'll drop by the Hyatt French Quarter for the Louisiana Bar's consumer law seminar. Among other things, Professor Dalie Jimenez of the University of Connecticut (a former CFPB colleague) will discuss her research on debt buyers. At 4pm, you can watch […]
Scott Savage and Donald M. Waldman , both of the University of Colorado at Boulder – Department of Economics, have written The Value of Online Privacy. Here is the abstract: We estimate the value of online privacy with a differentiated products model of the demand for Smartphone apps. We study the apps market because it […]
We've been asked to post the following RFP: Suffolk Law School and the National Consumer Law Center are convening a Research Symposium on Student Loans in Boston on April 10th and 11th. The goal of the Symposium, which is invitation-only, is to bring together the nation’s top experts, including academics, attorneys, industry representatives, consumer advocates, […]
Shauhin A. Talesh of Irvin has written How the 'Haves' Come Out Ahead in the Twenty-First Century, 62 De Paul Law Review .519 (2013). Here is the abstract: This paper attempts to bridge and link the “speculations” in Marc Galanter’s seminal article in 1974 regarding how repeat players influence public legal institutions by playing for […]