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Articles 121 - 140 of 140
Full-Text Articles in Consumer Protection Law
The Cfpb Anti-Arbitration Proposal: Let's Just Give Arbitration A Chance., Ramona L. Lampley
The Cfpb Anti-Arbitration Proposal: Let's Just Give Arbitration A Chance., Ramona L. Lampley
St. Mary's Law Journal
Abstract forthcoming.
Collection Texas-Style: An Analysis Of Consumer Collection Practices In And Out Of The Courts, Mary B. Spector, Ann Badour
Collection Texas-Style: An Analysis Of Consumer Collection Practices In And Out Of The Courts, Mary B. Spector, Ann Badour
Faculty Journal Articles and Book Chapters
As many as forty-four percent of Texans with credit files have non-mortgage debt in collection; this is more than ten percent above the national average. The Authors provide a snapshot of collection practices employed in Texas over a two-year period following the enactment of new court rules governing the litigation of most collection cases. Using a combination of quantitative and qualitative methods, they consider data in three general categories:
(1) consumer complaints to the state and federal agencies;
(2) court outcomes over a two-year period along with related demographic data; and
(3) court observations conducted in five counties with a …
Hurrah For The Consumer Financial Protection Bureau: Consumer Arbitration As A Poster Child For Regulation, Jean R. Sternlight
Hurrah For The Consumer Financial Protection Bureau: Consumer Arbitration As A Poster Child For Regulation, Jean R. Sternlight
St. Mary's Law Journal
Abstract forthcoming.
The Neo-Liberal Turn In Environmental Regulation, Jason J. Czarnezki
The Neo-Liberal Turn In Environmental Regulation, Jason J. Czarnezki
Elisabeth Haub School of Law Faculty Publications
Regulation has taken a neoliberal turn, using market-based mechanisms to achieve social benefits, especially in the context of environmental protection, and promoting information dissemination, labeling, and advertising to influence consumer preferences. Although this turn to neoliberal environmental regulation is well under way, there have been few attempts to manage this new reality. Instead, most commentators simply applaud or criticize the turn. If relying on neoliberal environmental reform (i.e., facing this reality regardless of one’s view of this turn), regulation and checks on these reforms are required. This Article argues that in light of the shift from traditional to neoliberal “substantive” …
Hurrah For The Consumer Financial Protection Bureau: Consumer Arbitration As A Poster Child For Regulation, Jean R. Sternlight
Hurrah For The Consumer Financial Protection Bureau: Consumer Arbitration As A Poster Child For Regulation, Jean R. Sternlight
Scholarly Works
Drawing on economic, psychological and philosophical considerations, this Essay considers whether consumers should be "free" to "agree" to contractually trade their opportunity to litigate in a class action for the opportunity to bring an arbitration claim against a company. The Essay suggests that by looking at the CFPB's regulation through these three lenses, one sees that the regulation is desirable—even a poster child—for the potential value of regulation when market forces are not sufficient to protect individual or public interests.
Off-Label Drug Marketing, The First Amendment, And Federalism, David Orentlicher
Off-Label Drug Marketing, The First Amendment, And Federalism, David Orentlicher
Scholarly Works
In this article, Professor Orentlicher explores free speech and federalism issues arising from FDA regulation of off-label uses and off-label marketing of drugs. In light of the FDA's desire to respect state government authority, together with other considerations discussed in this article, he argues for the rejection of the analysis of the Caronia court and to give the FDA significant leeway in its regulation of off-label marketing.
Capitalism And Risk: Concepts, Consequences, And Ideologies, Edward A. Purcell
Capitalism And Risk: Concepts, Consequences, And Ideologies, Edward A. Purcell
Articles & Chapters
Politically charged claims about both "capitalism" and "risk" became increasingly insistent in the late twentieth century. The end of the post-World War II boom in the 1970s and the subsequent breakup of the Soviet Union inspired fervent new commitments to capitalist ideas and institutions. At the same time structural changes in the American economy and expanded industrial development across the globe generated sharpening anxieties about the risks that those changes entailed. One result was an outpouring of roseate claims about capitalism and its ability to control those risks, including the use of new techniques of "risk management" to tame financial …
Debunking Humphrey's Executor, Daniel A. Crane
Debunking Humphrey's Executor, Daniel A. Crane
Articles
The Supreme Court’s 1935 Humphrey’s Executor decision paved the way for the modern administrative state by holding that Congress could constitutionally limit the President’s powers to remove heads of regulatory agencies. The Court articulated a quartet of features of the Federal Trade Commission’s (“FTC”) statutory design that ostensibly justified the Commission’s constitutional independence. It was to be nonpartisan and apolitical, uniquely expert, and performing quasi-legislative and quasi-judicial, rather than executive, functions. In recent years, the staying power of Humphrey’s Executor has been called into question as a matter of constitutional design. This Essay reconsiders Humphrey’s Executor from a different angle. …
Disclosure 2.0: Can Technology Solve Overload, Complexity, And Other Information Failures?, Erik F. Gerding
Disclosure 2.0: Can Technology Solve Overload, Complexity, And Other Information Failures?, Erik F. Gerding
Publications
In recent years, securities law scholars have either renewed an old attack on mandatory issuer disclosure or questioned the effectiveness of securities disclosure in the context of modern financial instruments. Some scholars argue that mandatory disclosure rules prove ineffective because investors suffer from “information overload.” Others claim that securities disclosure cannot describe adequately the complexity of modern firms and finance. These academic criticisms of mandatory securities disclosure provide some of the intellectual underpinnings for recent efforts to roll back some mandatory securities disclosure rules, such as the SEC’s Disclosure Effectiveness initiative.
This Article questions these critiques of securities disclosure, including …
When The Default Is No Penalty: Negotiating Privacy At The Ntia, Margot E. Kaminski
When The Default Is No Penalty: Negotiating Privacy At The Ntia, Margot E. Kaminski
Publications
Consumer privacy protection is largely within the purview of the Federal Trade Commission. In recent years, however, the National Telecommunications and Information Administration (NTIA) at the Department of Commerce has hosted multistakeholder negotiations on consumer privacy issues. The NTIA process has addressed mobile apps, facial recognition, and most recently, drones. It is meant to serve as a venue for industry self-regulation. Drawing on the literature on co-regulation and on penalty defaults, I suggest that the NTIA process struggles to successfully extract industry expertise and participation against a dearth of federal data privacy law and enforcement. This problem is most exacerbated …
Tort Reform: Blocking The Courthouse Door And Denying Access To Justice, Joanne Doroshow
Tort Reform: Blocking The Courthouse Door And Denying Access To Justice, Joanne Doroshow
Articles & Chapters
No abstract provided.
Energy Derivatives: Which Country (U.S. Or U.K.) Provides The Best Customer Asset Protections To An Energy Trading Firm If Its Brokerage Firm/Counterparty Files For Bankruptcy, Ronald H. Filler
Articles & Chapters
No abstract provided.
All Your Data Are Belong To Us: Consumer Data Breach Rights And Remedies In An Electronic Exchange Economy, Michael D. Simpson
All Your Data Are Belong To Us: Consumer Data Breach Rights And Remedies In An Electronic Exchange Economy, Michael D. Simpson
University of Colorado Law Review
Consumers navigating the United States' modern electronic exchange economy are uniquely vulnerable to injury from data breaches. Hackers run data breach operations on an industrial scale, with a worldwide underground economy supporting the processing and exploitation of stolen information. Economic damages from data breaches exceed millions of dollars annually in direct and indirect costs for consumers and businesses alike. While existing common law, statutory law, and regulatory law offer consumers affected by a data breach some degree of protection, that protection is largely inadequate in the face of the threat posed by consumer data breaches. This Comment argues that consumers …
The User Principle: Rashomon Effect Or Much Ado About Nothing?, Kelvin F. K. Low
The User Principle: Rashomon Effect Or Much Ado About Nothing?, Kelvin F. K. Low
Research Collection Yong Pung How School Of Law
No abstract provided.
The Hidden Scam: Why Consumers Should No Longer Be Forced To Shoulder The Burden Of Liability For Mobile Cramming, Caroline E. Sweet
The Hidden Scam: Why Consumers Should No Longer Be Forced To Shoulder The Burden Of Liability For Mobile Cramming, Caroline E. Sweet
Journal of Business & Technology Law
No abstract provided.
The Funny Thing About Forced Arbitration And The Cfpb, Joanne Doroshow
The Funny Thing About Forced Arbitration And The Cfpb, Joanne Doroshow
Other Publications
No abstract provided.
Innovations In Mobile Broadband Pricing, Daniel Lyons
Innovations In Mobile Broadband Pricing, Daniel Lyons
Daniel Lyons
Preventing Preemption: Finding Freedom For States To Protect Their Citizens’ Personal History Information, Elizabeth De Armond
Preventing Preemption: Finding Freedom For States To Protect Their Citizens’ Personal History Information, Elizabeth De Armond
Elizabeth De Armond
Geographical Indications, Food Safety, And Sustainability Challenges And Opportunities, David A. Wirth
Geographical Indications, Food Safety, And Sustainability Challenges And Opportunities, David A. Wirth
David A. Wirth
Insuring Landslides: America’S Uninsured Natural Catastrophes, Christopher French