David Horton of California, Davis has written Forced Remote Arbitration, 108 Cornell Law Review (2022). Here’s the abstract: Courts responded to COVID-19 by going remote. In early 2020, as lockdown orders swept through the country, virtual hearings—which once were rare—became common. This shift generated fierce debate about how video trials differ from in-person proceedings. Now, […]
Category Archives: Consumer Law Scholarship
Junyuan Ke and Weiguang Wang, both of the University of Rochester – Simon Business School and Natasha Zhang Foutz, Associate Professor of Commerce at the University of Virginia, have written Heterogeneous Consumer Response and Mitigation toward Healthcare Data Breach: Insights from Location Big Data. Here is the abstract: Data breaches pose grave dangers to consumers, […]
Mark Huelsman of the Student Borrower Protection Center has written Driving Runaway Debt: How IDR’s Current Design Buries Borrowers Under Billions of Dollars in Unaffordable Interest. Here's the abstract: This report highlights how the design of the main protection meant to deliver affordability to federal student loan borrowers, Income-Driven Repayment (IDR), ignores the widespread effects that […]
Anita L. Allen of Penn has written Dismantling the Black Opticon: Race Equity and Online Privacy and Data Protection Reform, forthcoming in the Yale Law Journal. Here’s the abstract: In the opening decades of the 21st century popular online platforms rapidly transformed the world. These platforms have come with benefits, but a heavy price to […]
Michelle Aronowitz and Vanessa Gail Perry of George Washington have written Homeward Bound: Removing Barriers to Mortgage Credit for Black Homebuyers. Here’s the abstract: We analyze some of the key barriers to Black homeownership and propose several solutions that promise to expand homeownership opportunities, lower the costs of homeownership, and hasten equity accumulation for Black […]
Susan Block-Lieb of Fordham and Edward J. Janger of Brooklyn have written Fit for its Ordinary Purpose: Implied Warranties and Common Law Duties for Consumer Finance Contracts, 59 Houston Law Review 3 (2021). Here’s the abstract: The history of consumer goods and consumer credit markets presents an anomaly: market transactions for consumer goods and credit […]
Michael Blasie of Pennsylvania State University, Dickinson Law has written The Rise of Plain Language Laws, University of Miami Law Review, 2022 Forthcoming. Here is the abstract: When lawmakers enacted 778 plain language laws across the United States, no one noticed. Apart from a handful, these laws went untracked and unstudied. Without study, large questions remain […]
Andrea Chandrasekher of California, Davis has written An Empirical Investigation of Diversity in U.S. Arbitration. Here is the abstract: For decades, the United States system of arbitration has been subject to nearly constant public criticism. Calling arbitration a rigged judicial system, consumer and employee rights groups have voiced opposition to the practice of “forced arbitration” whereby […]
Victoria Barnes of the Max Planck Institute for Legal History and Legal Theory has written Anne Fleming’s History of Law and Consumer Finance, 22 Enterprise & Society 316 (2021). Here's the abstract: This article has teased out Anne Flemings’s interests and the overarching themes in her research. It shows how these themes and interests influenced […]
Daniel Wilf-Townsend of Chicago has written Assembly-Line Plaintiffs, Forthcoming in the Harvard Law Review. Here is the abstract: Around the country, state courts are being flooded with the claims of massive repeat filers. These large corporate plaintiffs leverage economies of scale to bring tremendous quantities of low-value claims against largely unrepresented individual defendants. Using recently developed […]