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, […]
Category Archives: Consumer Law Scholarship
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 […]
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 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 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, […]