Category Archives: Consumer Law Scholarship

Solove Paper on Privacy Self-Management vs. Paternalism

Daniel J. Solove of GW has written Privacy Self-Management and the Consent Paradox, 126 Harvard Law Review (2013).  Here's the abstract: The current regulatory approach for protecting privacy involves what I refer to as the “privacy self-management model” – the law provides people with a set of rights to enable them to decide for themselves […]

Alan White on the Mortgage Loan Transfer System

CL&B blogger Alan M. White of CUNY has written Losing the Paper – Mortgage Assignments, Note Transfers and Consumer Protection, 24 Loyola Consumer Law Review 468 (2012). Here's the abstract: In this article, I survey the state of the mortgage loan transfer system, the legal rules that govern it, and the widening gap between those […]

More From Creola Johnson on Payday Lending

Creola Johnson of Ohio State has written Congress Protected the Troops: Can the New CFPB Protect Civilians from Payday Lending? 69 Washington & Lee Law Review 649 (2012). Here's the abstract: In 2007, Congress enacted a law, commonly referred to as the Military Lending Act (MLA), which placed a 36% interest rate cap on several […]

Paper on Defending Foreclosure Actions

Marcia Johnson of Texas Southern and Luckett Anthony Johnson have written Defending Foreclosure Actions, 49 Real Estate Law Journal 516 (2012). Here's the abstract: With the rising incidences of residential foreclosures, many homeowners are overwhelmed by the foreclosure process and anticipated costs and often opt to vacate the premises without offering any defense. The American justice […]

Federal Reserve Paper on Industry Reaction to Data Breaches

Julia S. Cheney, Robert M. Hunt, Katy Jacob, Richard D. Porter and Bruce J. Summers, all of the  Federal Reserve, have written The Efficiency and Integrity of Payment Card Systems: Industry Views on the Risks Posed by Data Breaches.  Here is the abstract: Consumer confidence in payment card systems has been built up over many […]

Study Finds Default Counseling Helpful

J. Michael Collins of the University of Wisconsin – Madison – Center for Financial Security, Maximilian D. Schmeiser of the Federal Reserve Board, and Carly Urban of the University of Wisconsin – Madison – Department of Economics have written Protecting Homeowners: Foreclosure Counseling Policies and Modifications of Mortgage Terms. Here's the abstract: Millions of homeowners […]

Creola Johnson on the CFPB and Payday Lending

Creola Johnson of Ohio State has written America's First Consumer Financial Watchdog Is on a Leash: Can the CFPB Use Its Authority to Declare Payday-Loan Practices Unfair, Abusive, and Deceptive? 61 Catholic University Law Review (2012). Here's the abstract: To stop payday lenders from skirting state laws, this Article asserts that the CFPB should exercise […]

Marotta-Wurgler & Taylor on Changes in Consumer Standard Form Contracts

Florencia Marotta-Wurgler of NYU and Robert Brendan Taylor of Kirkland & Ellis have written Set in Stone? Change and Innovation in Consumer Standard Form Contracts for the Seventh Annual Conference on Empirical Studies.  Here's the abstract: This article studies the rate, direction, and determinants of change in consumer standard form contracting. We examine what changed […]

David Horton Paper on the Federal Arbitration Act Preemption

David Horton of UC Davis has written Federal Arbitration Act Preemption, Purposivism, and State Public Policy, 101 Georgetown law Journal (2013).  Here's the abstract: The relationship between the Federal Arbitration Act (“FAA”) and state public policy has long been unsettled. According to some judges, scholars, and litigants, the FAA precludes courts from invalidating arbitration clauses […]

Papers on Privacy

Ira Rubinstein of NYU's Information Law Institut has written Big Data: The End of Privacy or a New Beginning?  Here's the abstract: “Big data” refers to novel ways in which organizations, including government and businesses, combine diverse digital data sets and then use statistics and other data mining techniques to extract from them both hidden […]