That's the title of this article by Mike Konzcal. Then, read this article in The Hill explaining that "[t]he battle pits moderate Democrats up for reelection this year in states such as Missouri, West Virginia, North Dakota and Montana against Sen. Elizabeth Warren (D-Mass.) and other progressives, and comes as the party braces for primary fights between the left and […]
The ACLU recently released a report on the criminalization of private debt: An estimated 77 million Americans—one in three adults—have a debt that has been turned over to a private collection agency. Thousands of these debtors are arrested and jailed each year because they owe money. Millions more are threatened with jail. The debts owed […]
by Stephen Gardner On February 27, the Northern District of California issued an opinion on a motion to dismiss in Becerra v. The Coca-Cola Company. The court got the law right, but then ruled based on incorrect conclusions on disputed facts. There are two parts to the opinion. First, the court analyzed Coke’s various attempts to avoid […]
National banks have long argued for broad preemption of state laws that would otherwise apply to their activities, and their federal regulator, the Office of the Comptroller of the Currency (OCC) has often gone along. In an important decision issued Friday, the U.S. Court of Appeals ruled that preemption is more limited than the banks […]
"Teaching Consumer Law–Where We've Been–Where We're Going" will be held in Santa Fe, New Mexico, May 18-19th. The Conference is designed for those teaching consumer law, those interested in teaching consumer law full-time or as an adjunct, and anyone interested in discussing the consumer law issues law professors are thinking about. The registration fee is […]
David Horton of California, Davis has written Clause Construction: A Glimpse into Judicial and Arbitral Decision-Making, Duke Law Journal, Vol. 68, Forthcoming. Here is the abstract: For decades, the U.S. Supreme Court has insisted that forcing a plaintiff to arbitrate — rather than allowing her to litigate — does not affect the outcome of a dispute. […]
by Jeff Sovern The CFPB protects consumers in a number of ways. Perhaps the three most important things it does are enforce the law, supervise some financial institutions, and create rules. A less important mechanism, but still important, is maintaining its complaint database. All of these seem to be coming under attack under Interim director […]
David A. Hyman of Georgetown and William E. Kovacic of GW and , King's College London – The Dickson Poon School of Law have written Implementing Privacy Policy: Who Should Do What?. Here's the abstract: Academic scholarship on privacy has focused on the substantive rules and policies governing the protection of personal data. An extensive literature […]
The Federal Trade Commission reports that the number of consumer complaints about fraud dropped in 2017, but consumers reported losing more money than they did in 2016. The data book includes national statistics, as well as a state-by-state listing of top report categories in each state, and a listing of metropolitan areas that generated the […]
Belinda Reeveand Roger Magnusson, both of The University of Sydney Law School have written Regulation of Food Advertising to Children in Six Jurisdictions: A Framework for Analyzing and Improving the Performance of Regulatory Instruments, 35 Arizona Journal of International and Comparative Law (2018). Here is the abstract: Childhood obesity is a public health crisis, and globally, […]