Over-enforcement of consumer protection statutes?

The Boston Globe brings us word of a series of email exchanges in which a Harvard Business School professor (with whom I am acquainted) seems to have gone a bit overboard in invoking the treble-damages provision of the Massachusetts Consumer Protection Act, chapter 93A. UPDATE:  The professor has apologized for "what I said and how […]

Arbitration and Privatizing Law

I have longed argued that the problem with forced arbitration goes beyond whether it is “fair,” whether the consumer understands it, or whether it is cost efficient, here, here, and here. The real problem with forced arbitration is the affect it has on our system of justice. Recently,  Professor Maria Glover of Georgetown University Law […]

Supreme Court denies cert in BP oil spill case

Today the Supreme Court denied BP's petition seeking review of a case interpreting the company's multi-billion dollar settlement over its 2010 oil spill in the Gulf of Mexico. The company claimed (both in court papers and via a public relations campaign) that it is improperly being forced to compensate losses unrelated to the spill. Read […]

Hockett on Using Eminent Domain to Save Underwater Mortgages in NYC

Robert C. Hockett of Cornell has written 'We Don't Follow, We Lead': How New York City Will Save Mortgage Loans by Condemning Them, 124 Yale Law Journal Forum 131 (2014).  Here is the abstract: This brief invited essay lays out in summary form the eminent domain plan for securitized underwater mortgage loans that the author […]

Arbitration now covers claims for assault?

The state of the law on arbitration is undeniably titled against consumers, workers, and really anyone who is wronged by a corporation (including, sometimes, even smaller corporations). We've discussed on this site for years how arbitration undermines disputants' rights and favors the big repeat players. And we've discussed how far arbitration has extended under recent […]

Asset forfeiture reforms in D.C.

As Forbes discusses, the D.C. city council has just passed a law to combat the abuses associated with civil asset forfeiture, the law enforcement practice of taking people's money or property and asking questions (such as whether they had the authority to do it) later. The Washington Post summarizes what asset forfeiture is: Civil forfeiture […]