David Adam Friedman of Willamette has written Micropaternalism, forthcoming in the Tulane Law Review. Here is the abstract: In this Article, I have created a theory of “micropaternalism” to capture the essence of a unique regulatory dynamic. As I define it, micropaternalism describes when policymakers paternalistically regulate a narrow area, thereby provoking public debate […]
Category Archives: Consumer Law Scholarship
Joel Langdon of Emory has writen The Importance of a Promise: Underwater Mortgages and a Municipal Rescue Attempt Through Eminent Domain, forthcoming in 45 Urb. L. (Summer 2013). Here's the abstract: Millions of Americans purchased real estate during the housing bubble of the mid 2000s, when prices reflected a constant upward trend, and real estate […]
M. Todd Henderson of Chicago has written Self-Regulation for the Mortgage Industry. Here's the abstract: This Article proposes an alternative to direct government regulation of mortgage brokers: self-regulation of the mortgage industry that mimics the arguably successful self-regulation of the securities industry that has occurred over the past two centuries. Although not without its problems, […]
Dustin A. Zacks of King, Nieves & Zacks PLLC has written Robo-Litigation, 60 Cleveland State Law Review 867 (2013). Here's the abstract: The recent housing crisis increased demand for attorneys to process foreclosures through state courts. This increase in demand was coupled with a desire for the fastest and cheapest legal services available. As a […]
by Jeff Sovern Yesterday, I was on a panel at the Annual Meeting of the American Council on Consumer Interests, along with Dr. Yilan Xu, a professor at the University of Illinois in agricultural and consumer economics. Dr. Xu's talk concerned a natural experiment in Cleveland, Ohio. Cleveland had enacted an anti-predatory lending ordinance which was […]
The prolific Chris Jay Hoofnagle of Berkeley and Jan Whittington of the Department of Urban Design and Planning, University of Washington have written The Price of 'Free': Accounting for the Cost of the Internet's Most Popular Price, forthcoming in 61 UCLA Law Review (2014). Here's the abstract: Offers of “free” services abound on the internet. […]
Richard A. Bales and Mark B. Gerano, both of Northern Kentucky have written Oddball Arbitration, 30 Hofstra Labor & Employment Law Journal (2013). Here's the abstract: Congress passed the FAA in 1925 to resolve commercial disputes involving merchants. Since then, the Supreme Court has dramatically expanded the scope of the FAA and applied it in […]
Dustin A. Zacks of King, Nieves & Zacks PLLC has written Revenge of the Clerks: MERS Confronts County Clerk and Qui Tam Lawsuits, 32 Banking & Financial Services Policy Report No. 1 (2013). Here's the abstract: Mortgage Electronic Registration Systems, Inc. (MERS) has faced unceasing controversy from litigators and scholars for its role in foreclosures, […]
Marc Lane Roark of Missouri has written Payment Systems, Consumer Tragedy, and Ineffective Remedies, forthcoming in 86 St. John's Law Review (2013). Here's the abstract: Payment methods like the Starbucks Rewards Card, while imitating liquidity, are challenged by confidence-detracting barriers of too little consumer knowledge and a lack of appropriate remedies. Starbucks operates as a […]
Arpan Sura and Robert A. DeRise, both of Arnold & Porter, have written Conceptualizing Concepcion: The Continuing Viability of Arbitration Regulations. Here's the abstract: Section 2 of the Federal Arbitration Act (“FAA”) provides that arbitration agreements “shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the […]