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 ...
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 ...
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.
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 ...
Solving Sewer Service: Fighting Fraud With Technology,
2018
University of the District of Columbia
Solving Sewer Service: Fighting Fraud With Technology, Adrian Gottshall
Arkansas Law Review
Fraudulently obtained default judgments ruin lives. Many defendants are ignorant of their cases and therefore do not ap-pear for court. Defendants suffer dire consequences as victims of falsified service of process. They learn of their lawsuits after their wages are garnished, assets seized, or when their poor credit precludes them from obtaining housing or a new job. For decades, fraudulent service of process has been wide-spread in high volume court dockets, such as landlord and ten-ant, debt collection, and small claims matters. Judgments granted to the debt collector plaintiff disproportionately affect low-income communities of color. Some plaintiffs obtained such judgments ...
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
Boston College Law Review
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 ...
Response Regarding Bureau Civil Investigative Demands And Associated Processes (Docket No. Cfpb-2018-0001),
2018
University of Minnesota Law School
Response Regarding Bureau Civil Investigative Demands And Associated Processes (Docket No. Cfpb-2018-0001), Prentiss Cox, Christopher L. Peterson, Financial Regulation And Consumer Protection Scholars And Former Regulators
CFPB Comments by Scholars & Regulators
Response discussing whether it should be harder for the Consumer Federal Protection Bureau to collect evidence in enforcement cases.
Killer Cell Phones And Complacent Companies: How Apple Fails To Cure Distracted Driving Fatalities,
2018
University of Miami Law School
Killer Cell Phones And Complacent Companies: How Apple Fails To Cure Distracted Driving Fatalities, Summer Galitz
University of Miami Law Review
With an astounding 1.6 million car crashes occurring each year due to cell phone use while driving, it is clear that the United States is suffering from a serious epidemic of pervasive cell phone use while driving. Although a majority of Americans clearly understand the hazards and dangers involved in texting while driving, cell phone addiction continues to keep drivers glued to their phones. Apple has a tool at its disposal to ensure that drivers no longer use their cell phones while they are driving, yet it has failed to implement its technology. Apple's Driver Handheld Computing Device ...
Consumer Arbitrations In The European Union,
2018
Pepperdine University
Consumer Arbitrations In The European Union, Andreas Von Goldbeck
Pepperdine Dispute Resolution Law Journal
The main argument of this paper is that the law should generally enforce pre-dispute consumer arbitration clauses. If the consumer is given a choice between litigation and arbitration at the time of contracting and she chooses arbitration, that choice should generally be enforceable, provided appropriate safeguards are in place guaranteeing access to justice. Consumer protection comes at a cost, which the consumer ultimately pays in the price of the product or service purchased: assuming arbitration is the more cost-efficient dispute-resolution mechanism, consumers choosing arbitration would, in theory, pay a lower price than those choosing litigation. The blanket hostility towards pre-dispute ...
Reputational Economies Of Scale,
2018
USC Law School
Reputational Economies Of Scale, Daniel M. Klerman
University of Southern California Legal Studies Working Paper Series
For many years, most scholars have assumed that the strength of reputational incentives is positively correlated with the frequency of repeat play. Firms that sell more products or services were thought more likely to be trustworthy than those that sell less because they have more to lose if consumers decide they have behaved badly. That assumption has been called into question by recent work that shows that, under the standard infinitely repeated game model of reputation, reputational economies of scale will occur only under special conditions, such as monopoly, because larger firms not only have more to lose from behaving ...
Misbehavioral Law And Economics,
2018
Rutgers Law School
Misbehavioral Law And Economics, Jacob Hale Russell
University of Michigan Journal of Law Reform
Many legal rules—ranging from common-law contract doctrines to modern consumer protection regulations—are designed to protect individuals from their own mistakes. But scholars have neglected a core difficulty facing such policies: we humans are a motley bunch, and we are defined in part by our idiosyncrasies. As a result, one person’s mistake is another’s ideal choice. Making matters worse, it is hard to observe when a policy response misfires. If cognitive errors and psychological biases are as prevalent as current research suggests, then we have no reliable way of knowing consumers’ true preferences. So are we always ...
Consumers, Seller-Advisors, And The Psychology Of Trust,
2018
Florida State University College of Law
Consumers, Seller-Advisors, And The Psychology Of Trust, Justin Sevier, Kelli Alces Williams
Boston College Law Review
Every day, consumers ask sellers for advice. Because they do not or cannot know better, consumers rely on that advice in making financial decisions of varying significance. Sellers, motivated by strong and often conflicting self-interests, are well-positioned to lead consumers to make decisions that are profitable for sellers and may be harmful to the consumers themselves. Short of imposing fraud liability in extreme situations, the law neither protects the trust consumers place in “seller-advisors,” nor alerts them to the incentives motivating the advice that sellers give. This Article makes several contributions to the literature. First, it identifies and defines the ...
The Growing Consumer Exposure To Nanotechnology In Everyday Products: Regulating Innovative Technologies In Light Of Lessons From The Past,
2018
Concordia University School of Law, Boise
The Growing Consumer Exposure To Nanotechnology In Everyday Products: Regulating Innovative Technologies In Light Of Lessons From The Past, Katharine Van Tassel
Katharine Van Tassel
This Article discusses the public health, regulatory, legal, and ethical issues raised by the developing appreciation of the negative physical effects and potential health risks associated with nanotech products, and is arranged as follows. After this Introduction, this Article describes the present scientific understanding of the health risks associated with the consumption of nanoparticles. Next, a summary of the existing FDA regulatory structure that governs food, dietary supplements, cosmetics, and sunscreens is provided along with an explanation of why these regulations fail to protect public health when applied to regulate the nanotech versions of these products. The Article goes on ...
Genetically Modified Plants Used For Food, Risk Assessment And Uncertainty Principles: Does The Transition From Ignorance To Indeterminacy Trigger The Need For Post-Market Surveillance?,
2018
Concordia University School of Law, Boise
Genetically Modified Plants Used For Food, Risk Assessment And Uncertainty Principles: Does The Transition From Ignorance To Indeterminacy Trigger The Need For Post-Market Surveillance?, Katharine Van Tassel
Katharine Van Tassel
In the context of GM foods, a genetic modification changes the biochemical cross-talk between genes, creating genetic material that has never existed before in nature. This novel genetic material can create unintended health risks, as seen with the case of the GM peas that contained a novel and unexpected allergenic protein and primed test mice to react to other allergens.6 The bottom line is that the scientific acceptance of the existence of the networked gene establishes that the FDA’s presumption that GM plant food is bioequivalent to traditional plant food is no longer scientifically supportable and that a ...
