That's the name of this article by Joseph Seiner. Seiner sets out what he says are the best ways for discrimination victims to vindicate their rights in the wake of the Supreme Court's class-action decision in Wal-Mart v. Dukes. (The problems for plaintiffs created by Wal-Mart arguably have been exacerbated by the Supreme Court's decision […]
That's the title of this article by Ronald Mann. Here's the abstract: This essay compares the results from a survey administered to payday loan borrowers at the time of their loans to subsequent borrowing and repayment behavior. It thus presents the first direct evidence of the accuracy of payday loan borrowers’ understanding of how the […]
by Brian Wolfman Last September, the Whirlpool Corporation filed a cert petition in Whirlpool Corp. v. Glazer. The case has been on hold pending the Supreme Court's decision in Comcast Corp. v. Behrend, which was issued this past Wednesday. (Go here and here for our posts on the Comcast ruling.) Now that Comcast has come down, […]
The prolific Chris Jay Hoofnagle of Berkeley and Jan Whittington of the Department of Urban Design and Planning, University of Washington have written The Price of 'Free': Accounting for the Cost of the Internet's Most Popular Price, forthcoming in 61 UCLA Law Review (2014). Here's the abstract: Offers of “free” services abound on the internet. […]
Richard A. Bales and Mark B. Gerano, both of Northern Kentucky have written Oddball Arbitration, 30 Hofstra Labor & Employment Law Journal (2013). Here's the abstract: Congress passed the FAA in 1925 to resolve commercial disputes involving merchants. Since then, the Supreme Court has dramatically expanded the scope of the FAA and applied it in […]
by Jeff Sovern Earlier this week, I commented on car dealer opposition to the CFPB's auto financing rules. Chris Willis replied on Ballard Spahr's informative CFPB Monitor Blog. I want to respond to two of Chris's points: first, that compliance, policing, and later enforcement steps will increase the cost of credit; and second, that dealers […]
From a CFPB press release this morning: Today the Consumer Financial Protection Bureau (CFPB) goes live with the nation’s largest public database of federal consumer financial complaints, opening up to consumers across the country information on more than 90,000 individual complaints on financial products and services. . . . Today’s launch expands the Consumer Complaint […]
By Stephen Gardner I echo what Alan White said, but have thoughts of my own. The first of which is: Oh lordy. This case may be the high-(low-?)water mark for Justice Scalia's willingness to manipulate reality and the Court's jurisdiction to get the result he wants. As the dissent (quoted in part below) sets out […]
Today the Supreme Court ruled in Comcast Corp. v. Behrens that an antitrust class action was improperly certified because Justice Scalia and four other Justices found the plaintiffs' damage theory inadequately supported by expert testimony. Others will no doubt have more to say on this, but I found the majority opinion transparently result-oriented, and disturbing […]
This analysis by Jia Yang explains that large U.S. companies with operations abroad pay far less in U.S. corporate income taxes than they used to. For instance, Yang writes, in 1969, corporate giant Procter and Gamble (based in Cincinnati) paid 40% of its total profits in U.S. corporate income taxes, while today it pays about […]