Wealth inequality and the tax system

Law professor Edward McCaffery has written Taxing Wealth Seriously, which argues that U.S. wealth inequality can be and should be reduced via tax policy. Here's the abstract: The social and political problems of wealth inequality in America are severe and getting worse. A surprise is that the U.S. tax system, as is, is a significant cause […]

American Banker: Lenders Still Struggling with TRID, Survey Finds

Here (behind paywall). Excerpt: Bankers are still grappling with vendor software problems, longer processing times and delays in mortgage closings as a result of new disclosures that went into effect four months ago, according to a new survey by the American Bankers Association. The survey, which was released Tuesday, found that banks are delaying closings […]

Teen girls see big drop in chemical exposure with switch in cosmetics

A new study led by researchers at UC Berkeley and Clinica de Salud del Valle de Salinas demonstrates how even a short break from certain kinds of makeup, shampoos and lotions can lead to a significant drop in levels of hormone-disrupting chemicals in the body. Analysis of urine samples before and after a three-day trial in […]

Former student’s consumer deception suit against her law school about to start

The downturn in the legal market brought a raft of suits against law schools by former students asserting that the schools took the students' money (or caused the the students to run up educational debts) while exaggerating their graduates' job prospects. Most of these suits were thrown out on pre-trial motions. But one trial — […]

Wilkinson-Ryan Paper: Contracts Without Terms

Tess Wilkinson‐Ryan of Penn has written Contracts Without Terms.  Here is the abstract: In consumer contracting, the ritual of documentation and provision of terms is essentially vestigial, at least as a form of deal-making communication between the parties. This paper starts with a thought experiment: what would it look like to have contracts but no […]

The New Yorker on the Impact of Scalia’s Death on Class Actions and Arbitration

Here. Excerpt: [M]any of the Roberts Court’s most important business cases were decided by a 5–4 margin, with the five conservative Justices voting as a bloc. And, as [Vanderbilt law professor Brian] Fitzpatrick points out, “Scalia has done more than any other justice in making it difficult for consumers and employees to bring class-action suits. […]

Federal magistrate rules for Apple in run-up to showdown over San Bernardino iPhone

Earlier this week, in a decision that is likely to be influential to the federal court in California now considering whether Apple can be compelled to help the FBI break into the San Bernardino shooter's iPhone, U.S. Magistrate Judge James Orenstein rejected the government's request for a similar order in an unrelated New York case. […]

USA Today warns about “like-farming” on Facebook

USA Today reports: Facebook has changed the way people do a lot of things online. For example, you probably notice yourself reflexively clicking 'like' on anything your friends post on Facebook, even if it's just to acknowledge you saw it. Scammers are taking advantage of that reflex for a dangerous scam called "like-farming." What is […]

CFPB acts against payment processor for misrepresenting data-security practices

The Consumer Financial Protection Bureau took action this week against online payment platform Dwolla for deceiving consumers about its data security practices and the safety of its online payment system. The CFPB ordered Dwolla to pay a $100,000 penalty and fix its security practices. Details are in the CFPB's press release.

What should the Supreme Court do when there’s a tie vote?

Justice Scalia's death has made it likely that some cases accepted for review by the Supreme Court will result in a tie vote. For instance, some observers think that Spokeo Inc. v. Robins, an important consumer-protection case currently before the Court, might split 4 to 4. So, you may be interested in a new article by law prof Justin […]