Vikram Jambulapati of MIT's Sloan School of Management and Joanna Stavins of the Boston Fed have written The Credit CARD Act of 2009: What Did Banks Do? Here's the abstract: The Credit CARD Act of 2009 was intended to prevent practices in the credit card industry that lawmakers viewed as deceptive and abusive. Among other changes, […]
Category Archives: Consumer Law Scholarship
Emily Houh and Kristin Kalsem, both of Cincinnati, have written It's Critical: Legal Participatory Action Research, forthcoming in 18 Michigan Journal of Race & Law. Here's the abstract: The ongoing community-based research project that we describe in this article will contribute, we hope, to an understanding of the fringe economy by offering insights into what […]
Wayne Barnes of Texas A&M has wrtiten Social Media and the Rise in Consumer Bargaining Power,14 U. Pa. J. Bus. L. 661 (2012). Here's the abstract: Consumers are constantly entering into form contracts, both offline and online. They do not read most of the terms, but the duty to read says the contracts are nevertheless […]
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 […]
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 […]