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Conceptions Of Borrowers And Lenders In The Canadian Payday Loan Regulatory Process: The Evidence From Manitoba And Nova Scotia, Freya Kodar Oct 2011

Conceptions Of Borrowers And Lenders In The Canadian Payday Loan Regulatory Process: The Evidence From Manitoba And Nova Scotia, Freya Kodar

Dalhousie Law Journal

Commentators characterize thinking aboutpaydayloans as falling into two general perspectives. In one theory payday loans respond to market demand and are a sensible choice for a consumer with limited assets, credit, or other support when an unexpected financial need arises. The opposing theory holds that the loans are usurious and exploit vulnerable low-income borrowers. In 2007, amendments were passed exempting payday loans from the application of the criminal interest rate provisions of the Criminal Code if they were made by companies licensed by a province with a regulatory scheme. The author examines how federal and provincial lawmakers and administrative decision-makers …


Toward Legitimacy Through Collaborative Governance: An Analysis Of The Effect Of South Carolina's Office Of Regulatory Staff On Public Utility Regulation, William H. Ellerbe Jan 2011

Toward Legitimacy Through Collaborative Governance: An Analysis Of The Effect Of South Carolina's Office Of Regulatory Staff On Public Utility Regulation, William H. Ellerbe

Michigan Telecommunications & Technology Law Review

In 2004 the South Carolina General Assembly instituted a major reform to its system of public utility regulation. Previously, the Public Service Commission, the administrative agency in charge of regulating public utilities, both adjudicated utility proceedings and, through its staff,a advocated for the public interest. A scandal concerning revelations of extensive ex parte communications between regulated utilities and members of the Public Service Commission led to the 2004 reform, which created the Office of Regulatory Staff (ORS) as a separate agency to perform the Commission's advocative functions. In my research, I use data on fuel factor proceedings before and after …


Ability To Pay, John A. E. Pottow Jan 2011

Ability To Pay, John A. E. Pottow

Articles

The landmark Dodd-Frank Act of 2010 ("Dodd-Frank") transforms the regulation of consumer credit in the United States. Many of its changes have been high-profile, attracting considerable media and scholarly attention, most notably the establishment of the Consumer Financial Protection Bureau ("CFPB"). Even specific consumer reforms, such as a so-called "plain vanilla" proposal, drew hot debate and lobbying firepower. But when the dust settled, one profoundly transformative innovation that did not garner the same outrage as plain vanilla or the CFPB did get into the law: imposing upon lenders a duty to assure a borrower's ability to repay. Ensuring a borrower's …