Senate Banking Committee to Vote on Cordray Nomination Tuesday

So says The Hill.  Of course, that doesn't mean the Republicans will allow the full Senate to vote on the nomination. As for the merits of his nomination (not that that matters to the Republicans), The Hill states: There really haven't been any questions about Cordray's ability to do the job. In fact, he's gotten […]

Report on County Clerks and Qui Tam Suits Against MERS

Dustin A. Zacks of King, Nieves & Zacks PLLC has written Revenge of the Clerks: MERS Confronts County Clerk and Qui Tam Lawsuits, 32 Banking & Financial Services Policy Report No. 1 (2013).  Here's the abstract: Mortgage Electronic Registration Systems, Inc. (MERS) has faced unceasing controversy from litigators and scholars for its role in foreclosures, […]

Antitrust enforcement through regulatory pressure rather than through litigation

Douglas Ginsburg and Joshua Wright have just written this article on the topic. Here's the abstract: The beginning of a shift toward a more regulatory and less litigation-oriented regime of antitrust enforcement was observable by the mid-1990s, if not earlier. The transition toward this more bureaucratic approach by antitrust enforcement agencies is the subject of […]

Marc Roark Paper on Payment Systems

Marc Lane Roark of Missouri has written Payment Systems, Consumer Tragedy, and Ineffective Remedies, forthcoming in 86 St. John's Law Review (2013).  Here's the abstract: Payment methods like the Starbucks Rewards Card, while imitating liquidity, are challenged by confidence-detracting barriers of too little consumer knowledge and a lack of appropriate remedies. Starbucks operates as a […]

Interesting Column by The Nation’s Rick Perlstein on Fine Print Contracts

Here.  And here's the beginning: Imagine you’ve clicked on your computer screen to accept a contract to purchase a good or service—a contract, you only realize later, that’s straight out of Kafka. The widget you’ve bought turns out to be a nightmare. You take to Yelp.com to complain about your experience—but lo, according to the […]

Judge Agrees to Vacate Prior Restraint Against Critic of McDonald’s Settlement – For Now

by Paul Alan Levy At Monday's hearing on the our motion to vacate the preliminary injunction against Majed Moughni to shut down his criticism of the proposed settlement of a lawsuit over McDonald’s sale of haram meat that had been advertised as halal, Judge Kathleen Macdonald agreed to both prongs of the relief we had […]