Response Regarding Bureau Rulemaking Processes (Docket No. Cfpb-2018-0009),
2018
Boston College Law School
Response Regarding Bureau Rulemaking Processes (Docket No. Cfpb-2018-0009), Patricia A. Mccoy, Financial Regulation And Consumer Protection Scholars And Former Regulators
CFPB Comments by Scholars & Regulators
Response discussing whether the Consumer Federal Protection Bureau should alter its procedures for adopting new rules to protect consumers.
Response Regarding Bureau Public Reporting Practices Of Consumer Complaint Information (Docket No. Cfpb-2018-0006),
2018
Indiana University Maurer School of Law
Response Regarding Bureau Public Reporting Practices Of Consumer Complaint Information (Docket No. Cfpb-2018-0006), Pamela Foohey, Angela K. Littwin, Amy J. Schmitz, Financial Regulation And Consumer Protection Scholars And Former Regulators
CFPB Comments by Scholars & Regulators
Response discussing whether the Consumer Federal Protection Bureau should take down its consumer complaint database.
The Race Is On! Regulating Self-Driving Vehicles Before They Hit The Streets,
2018
Brooklyn Law School
The Race Is On! Regulating Self-Driving Vehicles Before They Hit The Streets, Jack Liechtung
Brooklyn Journal of Corporate, Financial & Commercial Law
As the world braces itself for the unveiling of autonomous vehicles, the idea of regulation and oversight has gone largely undetected. Though some states have already begun enacting legislation ahead of the technology’s wide release, the regulatory landscape across the country is in disarray. It is imperative that both manufacturers and consumers be given some sort of uniform understanding as to how the automation is overseen throughout the manufacturing process and how liability will be levied in the case of inevitable mistakes on our nation’s roadways. This Note proposes that the National Highway Traffic Safety Administration be responsible ...
When Good Policies Go Bad: Controlling Risks Posed By Flawed Incentive-Based Compensation,
2018
Cleveland-Marshall College of Law
When Good Policies Go Bad: Controlling Risks Posed By Flawed Incentive-Based Compensation, Nicole Vincent
Cleveland State Law Review
The recent Wells Fargo scandal revealed the harm that can result from flawed incentive-based compensation arrangements. Large financial institutions have both a legal and an ethical obligation to ensure that any incentive-based compensation arrangements that are in place will not encourage risky or fraudulent employee behavior. The continued existence of inappropriate and poorly structured arrangements demonstrates that existing regulations are inadequate to ensure compliance and protect consumers. Regulations should include increased penalties and should more evenly distribute the burden of oversight and compliance between the public and private sectors. In addition to regulatory reform, the government should prosecute culpable high-level ...
Response Regarding Bureau External Engagements (Docket No. Cfpb-2018-0005),
2018
Drake University Law School
Response Regarding Bureau External Engagements (Docket No. Cfpb-2018-0005), Cathy Lesser Mansfield, Financial Regulation And Consumer Protection Scholars And Former Regulators
CFPB Comments by Scholars & Regulators
Response discussing whether the Consumer Federal Protection Bureau should change the way it reaches out to public and the financial industry.
No Harm, No Foul: The Fourth Circuit Struggles With The "Injury-In-Fact" Requirement To Article Iii Standing In Data Breach Class Actions,
2018
Boston College Law School
No Harm, No Foul: The Fourth Circuit Struggles With The "Injury-In-Fact" Requirement To Article Iii Standing In Data Breach Class Actions, Brandon Ferrick
Boston College Law Review
On February 6, 2017, in Beck v. McDonald, the United States Court of Appeals for the Fourth Circuit held that the increased risk of future identity theft created by two data breaches was too speculative to constitute an injury-in-fact for the purposes of Article III standing. The court surveyed the split between its sister circuits and determined that, without allegations that a thief deliberately targeted information, misused, or attempted to misuse that personal information, the risk of identity theft was not sufficiently high so as to meet the injury-in-fact requirement of Article III standing. This Comment examines the Fourth Circuit ...
Cancelled Credit Cards: Substantial Risk Of Future Injury As A Basis For Standing In Data Breach Cases,
2018
Southern Methodist University
Cancelled Credit Cards: Substantial Risk Of Future Injury As A Basis For Standing In Data Breach Cases, Jennifer Wilt
SMU Law Review
No abstract provided.
Uncharted Waters? Legal Ethics And The Benefit Corporation,
2018
Georgetown University Law Center
Uncharted Waters? Legal Ethics And The Benefit Corporation, Joseph Pileri
St. Mary's Journal on Legal Malpractice & Ethics
Corporate law norms are reflected in lawyers’ ethical duties. The enactment of benefit corporation legislation across the country signals a legislative acknowledgment that corporate law can serve as a public, rather than a merely private, ordering mechanism. Benefit corporations expressly adopt a public benefit as a legal purpose of the enterprise. While many have written about this important development with respect to corporate fiduciary law, this essay is the first to explore the professional and ethical responsibility of lawyers representing benefit corporations. In the last century, as scholars and courts drove an understanding of corporate law that elevated the interests ...
Equitable Sharing Aids Circumventing State Civil Asset Forfeiture,
2018
La Salle University
Equitable Sharing Aids Circumventing State Civil Asset Forfeiture, Ella Fisher
Economic Crime Forensics Capstones
Civil Asset Forfeiture (CIVIL ASSET FORFEITURE) is a disputable law enforcement asset utilized to combat the war on drugs and criticized as an abusive practice. Are law enforcement agencies really combatting the war on drugs using civil asset forfeiture law or just using the law for their own self interests? Civil Asset Forfeiture abuse relates to perverse incentives which are further aided by the federal equitable sharing program (ESP). Civil asset forfeiture law allows owners’ assets to be seized and forfeited, by law enforcement agencies without a warrant and/or a criminal conviction. When federal agencies adopt and prosecute, state ...
Protecting San Francisco Residents From The Wolves Of Wall Street: A Case Study,
2018
The University of San Francisco
Protecting San Francisco Residents From The Wolves Of Wall Street: A Case Study, Jessica Lindquist
Master's Projects and Capstones
This research conducts the first deep data analysis of the public complaints filed to the Consumer Financial Protection Bureau's Consumer Complaint database by San Francisco residents. The case study highlights how consumer financial harms are a citywide problem: San Franciscans living at every income level and in every part of the city are struggling to resolve their financial issues with the wolves of Wall Street, the financial services industry. The recommendations center on what the city, particularly the San Francisco Office of Financial Empowerment, can do at a local level now that the Trump administration is focused on deregulating ...
The Cfpb’S Endaround,
2018
The Catholic University of America, Columbus School of Law
The Cfpb’S Endaround, Chris O'Brien
Catholic University Law Review
The financial crisis of 2008 led Congress to enact the Dodd-Frank Wall Street Reform and Consumer Protection Act and establish the Consumer Financial Protection Bureau (CFPB) to better protect consumers. Although Dodd-Frank and the CFPB introduced sweeping changes to many areas of financial lending, automobile dealers and financers were expressly excluded from oversight by the CFPB. Despite this express limitation on the CFPB’s authority, the Bureau nonetheless expanded its definition of “larger participants” to encompass automobile dealers and financiers. This action has resulted in duplicative regulatory oversight and increased costs to consumers, which in turn, imposes additional burdens on ...
Response Regarding Bureau Enforcement Processes (Docket No. Cfpb-2018-0003),
2018
University of Utah, S.J. Quinney College of Law
Response Regarding Bureau Enforcement Processes (Docket No. Cfpb-2018-0003), Christopher L. Peterson, Financial Regulation And Consumer Protection Scholars And Former Regulators
CFPB Comments by Scholars & Regulators
Response discussing whether the Consumer Federal Protection Bureau should stop taking enforcement actions against companies and people who violate the consumer financial protection laws.
Diamonds Aren't Always A Consumer's Best Friend: Considering The Need For Regulation In The Diamond Grading Industry,
2018
University of Georgia School of Law
Diamonds Aren't Always A Consumer's Best Friend: Considering The Need For Regulation In The Diamond Grading Industry, Hannah Ponders Feist
Georgia Journal of International & Comparative Law
No abstract provided.
Response Regarding Bureau Rules Of Practice For Adjudication Proceedings (Docket No. Cfpb–2018–0002),
2018
The Wharton School, University of Pennsylvania
Response Regarding Bureau Rules Of Practice For Adjudication Proceedings (Docket No. Cfpb–2018–0002), David Zaring, Jayme Wiebold, Financial Regulation And Consumer Protection Scholars And Former Regulators
CFPB Comments by Scholars & Regulators
Response discussing whether the Consumer Federal Protection Bureau should use administrative law judges to decide its enforcement cases.
Crashed Software: Assessing Product Liability For Software Defects In Automated Vehicles,
2018
Duke Law
Crashed Software: Assessing Product Liability For Software Defects In Automated Vehicles, Sunghyo Kim
Duke Law & Technology Review
Automated vehicles will not only redefine the role of drivers, but also present new challenges in assessing product liability. In light of the increased risks of software defects in automated vehicles, this Note will review the current legal and regulatory framework related to product liability and assess the challenges in addressing on-board software defects and cybersecurity breaches from both the consumer and manufacturer perspective. While manufacturers are expected to assume more responsibility for accidents as vehicles become fully automated, it can be difficult to determine the scope of liability regarding unexpected software defects. On the other hand, consumers face new ...
Aggregation On Defendants' Terms: Bristol-Myers Squibb And The Federalization Of Mass-Tort Litigation,
2018
University of California, Berkeley School of Law
Aggregation On Defendants' Terms: Bristol-Myers Squibb And The Federalization Of Mass-Tort Litigation, Andrew D. Bradt, D. Theodore Rave
Andrew D. Bradt
Although it is destined for the personal jurisdiction canon, the Supreme Court’s eight-to-one decision in Bristol-Myers Squibb Co. v. Superior Court does little to clarify that notoriously hazy doctrine. It does, however, significantly alter the balance of power in complex litigation. Bristol-Myers is a landmark case because it makes both mass-tort class actions and mass joinders impracticable in almost any state court outside of the defendant’s home states. With federal courts already hostile to class actions, plaintiffs who want to aggregate their claims will have to do so on the defendant’s terms: either on the defendant’s ...
Take This Job And Shove It: The Pragmatic Philosophy Of Johnny Paycheck And A Prayer For Strict Liability In Appalachia,
2018
St. Mary's University School of Law
Take This Job And Shove It: The Pragmatic Philosophy Of Johnny Paycheck And A Prayer For Strict Liability In Appalachia, Eugene "Trey" Moore Iii
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming
Behavioral Finance Symposium Summary Paper,
2018
University of Michigan Law School and Gerald R. Ford School of Public Policy
Behavioral Finance Symposium Summary Paper, Michael S. Barr, Annabel Jouard, Andrew Norwich, Josh Wright, Katy Davis
Other Publications
On September 14-15, 2017, the University of Michigan’s Center on Finance, Law, and Policy and behavioral science research and design lab ideas42 brought together influential leaders from academia, government, nonprofits and the financial sector for a two-day symposium on behavioral finance. Behavioral finance is the study of how behavioral biases and tendencies affect financial decisions, and in turn how those impact financial markets.
Whose Sperm Is It Anyways In The Wild, Wild West Of The Fertility Industry?,
2018
Georgia State University College of Law
Whose Sperm Is It Anyways In The Wild, Wild West Of The Fertility Industry?, Tatiana E. Posada
Georgia State University Law Review
Imagine a couple that is unable to conceive a child naturally. Luckily, they had the money and resources available to them to conceive a child through assisted reproductive technology (ART), so they decided to start their family through the use of intrauterine insemination. They selected a sperm bank and began the arduous process of selecting a sperm donor who fit the desired traits and characteristics for their child. The sperm bank matched them with an anonymous donor, Donor 9623, and assured the couple that the donor was “a healthy male with an IQ of 160, a bachelor’s of science ...
Insurer Prejudice Analysis Of An Expanding Doctrine In Insurance Coverage Law,
2018
University of Maine School of Law
Insurer Prejudice Analysis Of An Expanding Doctrine In Insurance Coverage Law, Richard L. Suter
Maine Law Review
All contracts of insurance place certain requirements on the insured both before and after a covered loss has occurred. For example, all insurance policies require that an insured notify the insurer of a covered loss and cooperate with the insurer in the investigation of the loss and in the pursuit or defense of any claims arising out of the loss. Traditionally, if an insured failed to comply with such notification or cooperation requirements, the insurer could flatly deny coverage of the claim. Recently, however, an increasing number of courts are requiring that the insurer show that it has been prejudiced ...
