Category Archives: Uncategorized

NAACP Amicus Opposition to NYC Soft Drink Rules — Bought and Paid-for?

by Paul Alan Levy The Times reports that the NAACP filed an amicus brief supporting the soft-drink industry in its opposition to the New York City rules barring super-sized sugary drinks.  It is surely not a coincidence that the NAACP gets donations from Coke, as does its New York State Conference, which filed the brief).  […]

Differential Employer-Sponsored Health Insurance Costs Based on “Health Management”

That's the topic of this Market Watch article by Jan Wieczner. Here's an excerpt: Car insurance companies reward good behavior: Drivers with records free of 15-car pileups and tickets for doing 90 in a 55 pay cheaper premiums. Health insurers, on the other hand, offer people little incentive to stay out of harm’s (and doctor’s) […]

The in-and-outs of the CFPB

Georgetown law professor Adam Levitin has just written this 34-page article on the history, structure, powers, and politics of the Consumer Financial Protection Bureau. Here is Levitin's introduction: In the wake of the financial crisis of 2008, Congress undertook a major overhaul of financial regulation, culminating in the Dodd-Frank Wall Street Reform and Consumer Protection […]

“Arbitrating in the Ether of Intent”

That's the name of this new article on the Federal Arbitration Act by Jarrod Wong of the McGeorge School of Law. Here's the abstract: The U.S. Supreme Court’s jurisprudence interpreting the Federal Arbitration Act (FAA) is incoherent insofar as it relies on the concept of the parties’ “intent.” on the matter. To illustrate this distorting […]

Another Way to Close the Deficit While Providing Programs Desired by Taxpayers: Raising Federal Income Taxes on Nearly Everyone

That's the view of N.Y. Times columnist Eduardo Porter. Porter would raise them progressively, with smaller percentage increases on the working and middle classes. In this regard, remember that, despite contrary political rhetoric, income taxes are not high. They are at historical lows.

What Debt Collectors Are Not Allowed to Do

The Fair Debt Collection Practices Act prohibits debt collectors from attempting to collect debts — valid or not — in various unfair, deceptive, and ornery ways. The FTC's website explains in detail here. And Chris Morran, over at The Consumerist helpfully has boiled it down to the "23 things debt collectors are not allowed to […]

“Law School Marketing and Legal Ethics”

That's the name of this article by Ben Trachtenberg of the University of Missouri Law School. Here is the abstract: Law schools have misled prospective students for years about the value of legal education. In some cases, law school officials have engaged in outright deceit, knowingly spreading false information about their schools. More commonly, they […]

A victory for consumer privacy — and our “junk” — at the airport

Most airline passengers today are likely to encounter one of two screening machines at the security checkpoints of major U.S. airports — the kind that shows a revealing image of the passenger's full body (the so-called "naked" scanners) or the kind that shows only a generic body outline or simply a box that says "OK." […]

New FTC report on reverse-payment agreements between brand-name and generic drug companies

   For several years, the Federal Trade Commission has challenged under the antitrust laws so-called  “reverse-payment” or “pay-to-delay” settlements. In such a settlement, a brand-name drug company pays a generic-drug company not to sell a generic equivalent of a drug, thus allowing the brand-name to maintain an exclusive market at a high price for years […]

“The Irony of Privacy Class Action Litigation”

That's the title of a piece by Eric Goldman of Santa Clara Law School. Here's the abstract: In the past few years, publicized privacy violations have regularly spawned class action lawsuits in the United States, even when the company made a good faith mistake and no victim suffered any quantifiable harm. Privacy advocates often cheer […]