We are grateful to Professor Kathleen C. Engel of Suffolk University Law School for providing this guest post on the International Association of Consumer Law biannual conference: Every two years, consumer law academics from around the world gather to present their research and discuss their countries’ credit markets and consumer protection laws. This year, the International […]
Category Archives: Consumer Law Scholarship
Daniel J. Solove of George Washington and Woodrow Hartzog of Samford's Cumberland School of Law and Stanford's Center for Internet and Society have written The FTC and the New Common Law of Privacy, forthcoming in the Columbia Law Review. Here's the abstract: One of the great ironies about information privacy law is that the primary regulation […]
M. Ryan Calo of Washington has written Digital Market Manipulation. Here's the abstract: Jon Hanson and Douglas Kysar coined the term “market manipulation” in 1999 to describe how companies exploit the cognitive limitations of consumers. Everything costs $9.99 because consumers see the price as closer to $9 than $10. Although widely cited by academics, the […]
John A. E. Pottow of Michigan, and two recent graduates, Jacob Brege and Tara J Hawley, have written A Presumptively Better Approach to Arbitrability, 53 Canadian Business Law Journal (2013). Here's the abstract: One of the most complex problems in the arbitration field is the question of who decides disputes over the scope of an arbitrator’s […]
Nathan Cortez of SMU has written Do Graphic Tobacco Warnings Violate the First Amendment? 64 Hastings L. J. (2013). Here's the abstract: When Congress passed the nation’s first comprehensive tobacco bill in 2009, it replaced the familiar Surgeon General’s warnings, last updated in 1984, with nine blunter warnings. The law also directed the U.S. Food […]
Elizabeth Renuart of Albany has written Uneasy Intersections: The Right to Foreclose and the UCC, forthcoming in 48 Wake Forest law Review. Here's the abstract: Historically, the practice of real property and foreclosure law was routine and noncontroversial. This legal landscape significantly altered during the spectacular growth of securitization deals involving trillions of dollars of […]
Peter B. Rutledge of Georgia and Christopher R. Drahozal of Kansas have written 'Sticky' Arbitration Clauses?: The Use of Arbitration Clauses after Concepcion and Amex. Here's the abstract: We present the results of the first empirical study of the extent to which businesses have switched to arbitration after AT&T Mobility LLC v. Concepcion. After the […]
David A. Skeel Jr. of NYU, Penn, and the European Corporate Governance Institute has written Behavioralism in Finance and Securities Law. Here is the abstracgt: In this Essay, I take stock (as something of an outsider) of the behavioral economics movement, focusing in particular on its interaction with traditional cost-benefit analysis and its implications for […]
Frederik J. Zuiderveen Borgesius of the Institute for Information Law (University of Amsterdam) has written Consent to Behavioural Targeting in European Law – What are the Policy Implications of Insights from Behavioural Economics? Here is the abstract: Behavioural targeting is the monitoring of people’s online behaviour to target advertisements to specific individuals. European law requires […]
Quinn Curtis of Virginia has written State Foreclosure Laws and Mortgage Origination in the Subprime Market, forthcoming in the Journal of Real Estate Finance and Economics. Here's the abstract: Foreclosure procedures in some states are considerably swifter and less costly for lenders than in others. In light of the foreclosure crisis, an empirical understanding of […]