Robert C. Hockett of Cornell and John Vlahoplus of Mortgage Resolution Partners have written A Federalist Blessing in Disguise: From National Inaction to Local Action on Underwater Mortgages, 7 Harvard Law & Policy Review (2013). Here is the abstract: While it is widely recognized that the mortgage debt overhang left by the housing price bubble […]
Category Archives: Consumer Law Scholarship
Charles L. Knapp of Hastings has written Is There a 'Duty to Read'? in Revisiting the Contracts Scholarship of Stewart Macaulay: On the Empirical and the Lyrical 315 (Jean Braucher, John Kidwell, & William C. Whitford eds. 2013). Here's the abstract: The notion that there is in general contract law a “duty to read” persists in […]
Daniel B. Heidtke, Jessica Stewart and Spencer Weber Waller, all of Loyola of Chicago's School of Law and its Institute for Consumer Antitrust Studies have written The Telephone Consumer Protection Act of 1991: Adapting Consumer Protection to Changing Technology. Here is the abstract: In the late 1980’s, spurred on by advances in technology, the telemarketing industry […]
Neil M. Richards of Wash U. has written Why Data Privacy Law Is (Mostly) Constitutional, forthcoming in his book, Intellectual Privacy, Oxford University Press (2014). Here's the abstract: This essay argues that privacy critics arguing that most privacy rules create constitutional problems overstate their case. Since the New Deal, American law has rested on the […]
Joshua Fairfield of Washington and Lee University has written Do-Not-Track as Default, 11 Northwestern Journal of Technology and intellectual Property (2013). Here's the abstract: Do-Not-Track is a developing online legal and technological standard that permits consumers to express their desire not to be tracked by online advertisers. Do-Not-Track has the ability to change the relationship between […]
Jeffrey Bils, a UCLA law student, has published Fighting Unfair Credit Reports: A Proposal to Give Consumers More Power to Enforce the Fair Credit Reporting Act, in the latest UCLA Law Review Discourse. Here's a summary: Credit reports play a central role in some of our most important transactions, such as buying a house or car, or […]
Linda Mullenix of Texas has written The Court's 2012 Class Act: A Little Bit of This, a Little Bit of That, 40 Preview of U. S. Supreme Court Cases 328 (2013). Here's the abstract: Building on the Court’s heightened interest in class action litigation, the Court during the 2012-13 term issued an unprecedented six decisions […]
Catherine M. Sharkey of NYU has written The Future of Classwide Punitive Damages, 46 University of Michigan Journal of Law Reform (2013). Here is the abstract: Conventional wisdom holds that the punitive damages class action is susceptible not only to doctrinal restraints imposed on class actions but also to constitutional due process limitations placed […]
Sumit Agarwal of the National University of Singapore, Souphala Chomsisengphet of the Office of the Comptroller of the Currency, Neale Mahoney of Chicago's Booth School of Business and the National Bureau of Economic Research and Johannes Stroebel, an NYU finance professor have written Regulating Consumer Financial Products: Evidence from Credit Cards. Here is the abstract: […]
Jennifer S. Martin of St. Thomas has written The Repo Man Did What? A Secured Creditor's Article 9 Right to Repossess Collateral and When Lenders Have Liability for Repossessions Gone Awry, 28-5 Commercial Damages Reporter 1 (2013). Here's the abstract: This Article observes that there is not a clear consensus among courts in how […]