Category Archives: Consumer Law Scholarship

David Reiss on Eminent Domain and Underwater Loans

David J. Reiss of Brooklyn has written Comment on the Use of Eminent Domain to Restructure Performing Loans.  Here is the abstract: There has been a lot of fear-mongering by financial industry trade groups over the widespread use of eminent domain to restructure residential mortgages. While there may be legitimate business reasons to oppose its […]

Martin & Longa Study of Whether Payday and Title Loans Serve the Middle Class

Nathalie Martin and Ernesto A. Longa, both of New Mexico have written High-Interest Loans and Class: Do Payday and Title Loans Really Serve the Middle Class?, 24 Loyola Consumer Law Reporter 524 (2012). Here's the abstract: This symposium article addresses the question of whether payday and title lenders serve primarily the working poor, as some critics […]

Paper on Behavioral Advertising

Chris Jay Hoofnagle of Berkeley, Ashkan Soltani of Berkeley's School of Information, Nathan Good of Good Research, Dietrich James Wambach, a student at Wyoming, and Mika Ayenson of the Worcester Polytechnic Institute have written Behavioral Advertising: The Offer You Cannot Refuse, 6 Harvard Law & Policy Review 273 (2012).  Here's the abstract: At UC Berkeley, […]

Lauren Willis Paper: When Nudges Fail

Lauren E. Willis  of Loyola Los Angeles, always a thoughtful writer, has authored When Nudges Fail: Slippery Defaults.  Here's the abstract: Inspired by the success of “automatic enrollment” in increasing participation in defined contribution retirement savings plans, policymakers have put similar policy defaults in place in a variety of other contexts, from checking account overdraft […]

Second Liens and Mortgage Modifications

Vicki Been of NYU, Howell E. Jackson of Harvard, and Mark A. Willis of NYU have written Essay: Sticky Seconds – The Problems Second Liens Pose to the Resolution of Distressed Mortgages.  Here's the abstract:  Almost five years into the foreclosure crisis, policymakers, the mortgage industry, consumers and taxpayers all express disappointment over the slow […]

Myriam Gilles on Arbitration Clauses After Concepcion

Myriam E. Gilles of Cardozo has written Killing Them with Kindness: ‘Consumer-Friendly’ Arbitration Clauses after AT&T Mobility v. Concepcion, forthcoming in Notre Dame Law Review.  Herer’s the abstract: In AT&T v. Concepcion, the Supreme Court struck California’s so-called “Discover Bank rule” – a judge-made rule providing that arbitration agreements attended by class action waivers are […]

Daniel Schwarcz on the Lack of Transparency in Insurance Consumer Protection

Daniel Schwarcz of Minnesota has written Transparently Opaque: Understanding the Lack of Transparency in Insurance Consumer Protection.  Here's the abstract: Consumer protection in most domains of financial regulation centers on transparency. Broadly construed, transparency involves making relevant information available to consumers as well as others who might act on their behalf, such as academics, journalists, […]