Consumer Financial Protection Bureau kicks off its next cycle of “honors” lawyer hiring

The CFPB has started hiring for its next class of Louis D. Brandeis Honors lawyers, who will begin work in fall 2015. Here's how the agency describes the positions: The Louis D. Brandeis program is a two-year fellowship designed to provide exceptional law students and recent graduates with early, substantive opportunities to use and develop their […]

EPIC complains to FTC about Facebook’s “emotional contagion” study

The June 17 edition of the journal Proceedings of the National Academy of Sciences (PNAS) included an article on an “emotional contagion” study conducted for Facebook. For the study, researchers randomly chose more than 680,000 Facebook users and altered their news feeds so that some saw fewer positive posts and others saw fewer negative posts. […]

Michelle Boardman Reviews Margaret Radin’s Boilerplate

Michelle Boardman of George Mason has written Consent and Sensibility: A Review of Margaret Jane Radin's Book, 'Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law,' 127 Harvard Law Review  1967 (2014).  Here is the abstract: In this book, Professor Margaret Radin offers a fresh look at the fit between boilerplate contracts and […]

A Comment on Comments on the CFPB Arbitration Study

by Jeff Sovern The CFPB Monitor blog has a post titled Industry trade groups urge OMB not to approve CFPB arbitration telephone survey about a filing by the American Bankers Association, the Consumer Bankers Association and the Financial Services Roundtable. They "strongly recommend that OMB not approve the proposal because it will not produce information of practical utility […]

Drahozal Chapter on AAA Consumer Arbitration

Christopher R. Drahozal of Kansas has written AAA Consumer Arbitration, forthcoming in Beyond Elite Law: Access to Civil Justice for Americans of Average Means (Samuel Estreicher & Joy Radice eds. Cambridge University Press).  Here's the abstract: This chapter has provided an overview of consumer arbitrations administered by the American Arbitration Association, the largest administrator of […]

In New York, a big victory for local anti-fracking ordinances

This week, New York's highest court has confirmed the right of towns to ban fracking. Though legally a case about the power of localities versus the preemptive effect of state law, the result is that opponents of fracking have a powerful tool — local ordinances — to prevent fracking in their communities. (Fracking is a […]

Another helpful narrow reading of Comcast on “commonality of damages”

This week, the Seventh Circuit reversed the denial of class certification in Zanetti v. IKO Mfg., a case about roof tiles marketed with the allegedly false claim that they met a certain industry standard. The district court denied class certification — in the words of the Seventh Circuit — "under a mistaken belief that 'commonality […]