Should President Obama Take Executive Action to Adopt National Policies He Cannot Get Through Congress?

A couple weeks ago, the editors of The Nation published this essay urging President Obama to use his executive authority to "push a progressive agenda." The essay discussed 20 policies on the environment, the economy, civil rights, workers' rights, and other topics both domestic and international that the authors believe that the President can, and […]

View 60 Minutes Report on the FTC’s Study of the Error-Prone Credit Reporting Industry

We have reported many times on the error-prone credit reporting industry and the industry's violations of the Fair Credit Reporting Act. Go, for example, here, here, and here. Today, the Federal Trade Commission issues a eight-year study of the industry showing that up to 40 million Americans have a mistake on their credit report. Twenty […]

Derek Bambauer Paper on Privacy vs. Security

Derek E. Bambauer of Arizona has written Privacy Versus Security, forthcoming in the Journal of Criminal Law and Criminology.  Here is the abstract: Legal scholarship tends to conflate privacy and security. However, security and privacy can, and should, be treated as distinct concerns. Privacy discourse involves difficult normative decisions about competing claims to legitimate access […]

American Banker Article Surveys Studies of Credit CARD Act

Here, but behind a paywall, unfortunately.  Everyone agrees that the Credit CARD Act reduced some fees, but there is disagreement about whether it has increased the cost of and restricted access to credit.  As you might expect, the industry still says yes and the consumer advocates still say no. The Consumer Financial Protection Bureau is doing […]

Mark Totten Paper on Credit Reform and State Attorneys General

Mark Totten of Michigan State has written Credit Reform and the States: The Vital Role of Attorneys General after Dodd-Frank. Here's the abstract: Congress employed multiple strategies in the wake of the Great Recession to provide greater protections for consumers in the financial marketplace. One strategy aimed at agency design and resulted in creation of […]

Does Senate “Advice and Consent” Always Require an Affirmative Vote?

For those of you following the controversy over President Obama's recess appointments to the NLRB and the CFPB, Matthew Stephenson has an interesting essay in the current issue of the Yale Law Journal. Here's the abstract: It is generally assumed that the Constitution requires the Senate to vote to confirm the President’s nominees to principal […]

Consumer Groups Urge Second-Term Consumer-Protection Agenda On President Obama and Congress

In letters to President Obama and the congressional leadership, a coalition of consumer advocacy groups — such as the Consumer Federation of America, the National Consumer Law Center, Consumers Union, Public Citizen, and U.S. PIRG — have called for the implementation of a consumer-protection agenda during the President's second term. The agenda is quite detailed and […]

Study Finds Racial Discrimination in Google Searches

Latanya Sweeney, Professor of Government and Technology in Residence at Harvard University, has written Discrimination in Online Ad Delivery. Here's the abstract: A Google search for a person's name, such as “Trevon Jones”, may yield a personalized ad for public records about Trevon that may be neutral, such as “Looking for Trevon Jones? …”, or […]