Category Archives: Uncategorized

“Private Student Loans and BAPCPA: Did Four-Year Undergraduates Benefit from the Increased Collectability of Student Loans?”

That's the name of this article by Xiaoling Ang of the Consumer Financial Protection Bureau and law professor Dalie Jimenez. For many years, federally guaranteed student loans have been non-dischargeable in bankruptcy, unless the debtor can show "undue hardship" (which the courts have interpreted very narrowly). Congress later extended that non-dischargeability policy even to entirely […]

Google to follow in Facebook’s footsteps on “Sponsored Stories”

Although Facebook has been sued for the practice (the case is now headed to the Ninth Circuit on our appeal from settlement approval), Google announced late last week that it would soon begin using user images in advertisements. One silver lining: Google, unlike Facebook, will exempt users under 18, the New York Times reports. Facebook's […]

Do lawyers like the Consumer Financial Protection Bureau?

by Brian Wolfman Well at least the debt-collection lawyers don't, as explained in this article by Jenna Greene. According to the incoming head of the debt-collection lawyers' trade group, the CFPB is "the bane of our existence." Here is an except from Greene's article: When scores of debt-collection lawyers descend on Washington this week for […]

Should parents be held liable for the consequences of failing to have their kids vaccinated?

Vaccinations generally benefit society. If kids are not vaccinated because their parents won't allow it, the kids may become ill as a result (of course), and the kids may also infect other people. Should parents be held liable for injuries to others caused by exposure to their unvaccinated kids? Liability would not only compensate the […]

Margaret Kwoka’s new article on the Freedom of Information Act

Former Freedom of Information Act litigator and now law prof Margaret Kwoka has been writing articles on the Act. Read Margaret's most recent: Unconstrained Deference, Chenery, and FOIA. Here's the abstract: Litigation fails adequately to check agency secrecy decisions under the Freedom of Information Act (FOIA). To vindicate the public’s right to know what its […]

9th circuit follows Justice Kagan’s dissent in Genesis HealthCare

by Brian Wolfman Last April, the Supreme Court decided Genesis HealthCare v. Symczyk, which held that an opt-in collective action brought under the Fair Labor Standard Act was moot on the assumption that an unaccepted offer from the defendant to the lead plaintiff of "complete relief" mooted the lead plaintiff's individual claim. (The Court made […]

Texting and driving as a safety problem with a social underpinning

Check out this thought-provoking article from the Boston Globe about why texting and driving remains such a persistent problem. We all know that texting and driving can be dangerous (and by "all,"the article cites an amazing 94% figure from a federal survey about the number of people who know this is a risky practice). Yet […]