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2012

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Washington and Lee University School of Law

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Articles 31 - 60 of 85

Full-Text Articles in Law

The Card Act On Campus, Jim Hawkins Jun 2012

The Card Act On Campus, Jim Hawkins

Washington and Lee Law Review

In February 2010, the Credit Card Accountability, Responsibility, and Disclosure (CARD) Act intervened in student credit card markets in a dramatic way, attempting to prevent student over-indebtedness, to end aggressive marketing to college students, and to reveal and change avaricious agreements between credit card issuers and colleges. Yet, two years after it became effective, we still have little measurement of whether the Act has accomplished these goals. This Article offers the first empirical assessment of the rationales for the CARD Act and the Act’s effects. Over the two years since the CARD Act went into effect, I conducted surveys of …


“Waiving” Goodbye To Arbitration: A Contractual Approach, Paul Bennett Iv Jun 2012

“Waiving” Goodbye To Arbitration: A Contractual Approach, Paul Bennett Iv

Washington and Lee Law Review

No abstract provided.


Fatca: Toward A Multilateral Automatic Information Reporting Regime, Joanna Heiberg Jun 2012

Fatca: Toward A Multilateral Automatic Information Reporting Regime, Joanna Heiberg

Washington and Lee Law Review

No abstract provided.


The Virtual Water Cooler And The Nlrb: Concerted Activity In The Age Of Facebook, Lauren K. Neal Jun 2012

The Virtual Water Cooler And The Nlrb: Concerted Activity In The Age Of Facebook, Lauren K. Neal

Washington and Lee Law Review

No abstract provided.


Credit On Wheels: The Law And Business Of Auto-Title Lending, Jim Hawkins Mar 2012

Credit On Wheels: The Law And Business Of Auto-Title Lending, Jim Hawkins

Washington and Lee Law Review

Despite the fact that they are used by millions of Americans, auto-title loans have received little attention in the legal literature about consumer credit. Friends and foes of title lending make confident statements about their net welfare effects, but we still lack empirical data on many of the central policy questions that title lending raises. This Article offers new evidence about the title lending transaction, paying special attention to the risks borrowers face when they use their vehicles as collateral for the loan. I gathered this evidence by obtaining new reports from state regulators about the title lending industry, examining …


Same-Sex Marriage: Strengthening The Legal Shield Or Sharpening The Sword? The Impact Of Legalizing Marriage On Child Custody/Visitation And Child Support For Same-Sex Couples, Jason C. Beekman Mar 2012

Same-Sex Marriage: Strengthening The Legal Shield Or Sharpening The Sword? The Impact Of Legalizing Marriage On Child Custody/Visitation And Child Support For Same-Sex Couples, Jason C. Beekman

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Credit And Human Welfare: Lessons From Microcredit In Developing Nations, Alan M. White Mar 2012

Credit And Human Welfare: Lessons From Microcredit In Developing Nations, Alan M. White

Washington and Lee Law Review

Deregulation of usury laws, in the United States and in developing nations, has permitted various forms of small loans to be made to the poor and the working class, sometimes at very high prices. In the case of credit, more is not always better. A human development approach to evaluating the welfare impacts of credit products for the poor asks these questions: does a credit product or program increase income or consumption, achieve savings through investment in capital goods, or smooth consumption and avert crises, all at a reasonable cost? Or does the credit on balance redistribute income away from …


Masthead Mar 2012

Masthead

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Copyright Mar 2012

Copyright

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Table Of Contents Mar 2012

Table Of Contents

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Editor's Note Mar 2012

Editor's Note

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Charter Schools, Students Of Color And The State Action Doctrine: Are The Rights Of Students Of Color Sufficiently Protected?, Preston C. Green Iii, Erica Frankenberg, Steven L. Nelson, Julie Rowland Mar 2012

Charter Schools, Students Of Color And The State Action Doctrine: Are The Rights Of Students Of Color Sufficiently Protected?, Preston C. Green Iii, Erica Frankenberg, Steven L. Nelson, Julie Rowland

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Role Of Women In Mediation And Conflict Resolution: Lessons For Un Security Council Resolution 1325, Roohia S. Klein Mar 2012

The Role Of Women In Mediation And Conflict Resolution: Lessons For Un Security Council Resolution 1325, Roohia S. Klein

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Can Social Science Defeat A Legal Fiction? Challenging Unlawful Stops Under The Fourth Amendment, Josephine Ross Mar 2012

Can Social Science Defeat A Legal Fiction? Challenging Unlawful Stops Under The Fourth Amendment, Josephine Ross

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Need For Change: Evaluating The Medical Necessity Of Gender Reassignment Through International Standards, Chad Ayers Mar 2012

The Need For Change: Evaluating The Medical Necessity Of Gender Reassignment Through International Standards, Chad Ayers

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Native American Health Care: Is The Indian Health Care Reauthorization And Improvement Act Of 2009 Enough To Address Persistent Health Problems Within The Native American Community?, Koral E. Fusselman Mar 2012

Native American Health Care: Is The Indian Health Care Reauthorization And Improvement Act Of 2009 Enough To Address Persistent Health Problems Within The Native American Community?, Koral E. Fusselman

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Guatemala Std Inoculation Study As The Incentive To Change Modern Informed Consent Standards, Marie Constance Scheperle Mar 2012

The Guatemala Std Inoculation Study As The Incentive To Change Modern Informed Consent Standards, Marie Constance Scheperle

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Regulating Online Peer-To-Peer Lending In The Aftermath Of Dodd–Frank: In Search Of An Evolving Regulatory Regime For An Evolving Industry, Eric C. Chaffee, Geoffrey C. Rapp Mar 2012

Regulating Online Peer-To-Peer Lending In The Aftermath Of Dodd–Frank: In Search Of An Evolving Regulatory Regime For An Evolving Industry, Eric C. Chaffee, Geoffrey C. Rapp

Washington and Lee Law Review

The 2010 Dodd–Frank Wall Street Reform and Consumer Protection Act called for a government study of the regulatory options for on-line Peer-to-Peer lending. On-line P2P sites, most notably for-profit sites Prosper.com and LendingClub.com, offer individual “investors” the chance to lend funds to individual “borrowers.” The sites promise lower interest rates for borrowers and high rates of return for investors. In addition to the media attention such sites have generated, they also raise significant regulatory concerns on both the state and federal level. The Government Accountability Office report produced in response to the Dodd–Frank Act failed to make a strong recommendation …


The Damage Of Debt, Katherine Porter Mar 2012

The Damage Of Debt, Katherine Porter

Washington and Lee Law Review

No abstract provided.


After The Great Recession: Regulating Financial Services For Low- And Middle-Income Communities, Ronald J. Mann Mar 2012

After The Great Recession: Regulating Financial Services For Low- And Middle-Income Communities, Ronald J. Mann

Washington and Lee Law Review

No abstract provided.


“Warning: Predatory Lender”—A Proposal For Candid Predatory Small Loan Ordinances, Christopher L. Peterson Mar 2012

“Warning: Predatory Lender”—A Proposal For Candid Predatory Small Loan Ordinances, Christopher L. Peterson

Washington and Lee Law Review

Over a hundred different local governments around the country have adopted ordinances restricting small, high-cost loans. This trend reflects the solid majority of the American public that opposes the legality of triple-digit interest rate loans and the long historical tradition of treating payday and car-title lending as a serious civil offense or even a crime. Nevertheless, perhaps owing to limits on municipal power, local payday lending law has generated relatively little scholarship or commentary. This paper describes the existing local law governing small, high-cost consumer loans and proposes a more emphatic ordinance that better reflects the policy judgment of many …


Foreword For Regulation In The Fringe Economy Symposium, John P. Caskey Mar 2012

Foreword For Regulation In The Fringe Economy Symposium, John P. Caskey

Washington and Lee Law Review

No abstract provided.


Mortgaging Human Capital: Federally Funded Subprime Higher Education, Jean Braucher Mar 2012

Mortgaging Human Capital: Federally Funded Subprime Higher Education, Jean Braucher

Washington and Lee Law Review

The for-profit higher education sector, primarily funded by federal student aid dollars, produces both the highest debts and defaults and lowest completion rates for its students. In response, the U.S. Department of Education (DOE) has promulgated the Gainful Employment Rule to require for-profit colleges and universities to meet either repayment or debt-to-income benchmarks to remain eligible to receive federal Higher Education Act funding. This Article describes the business model of the career colleges and their rapid growth over the last decade, the history of proprietary school regulation, the limited remedies for overindebtedness of former students, and the tests imposed by …


Payday Lending, Bankruptcy, And Insolvency, Richard Hynes Mar 2012

Payday Lending, Bankruptcy, And Insolvency, Richard Hynes

Washington and Lee Law Review

Economic theory suggests that payday lending can either increase or decrease consumer welfare. Consumers can use payday loans to cushion the effects of financial shocks, but payday loans may also increase the chance that consumers will succumb to temptation or cognitive errors and seek instant gratification. Both supporters and critics of payday lending have alleged that the welfare effects of the industry can be substantial and that the legalization of payday lending can even have measurable effects on proxies for financial distress, such as bankruptcy, foreclosure, and property crime. Critics further allege that payday lenders target minority and military communities, …


Congress Protected The Troops: Can The New Cfpb Protect Civilians From Payday Lending?, Creola Johnson Mar 2012

Congress Protected The Troops: Can The New Cfpb Protect Civilians From Payday Lending?, Creola Johnson

Washington and Lee Law Review

In 2007, Congress enacted a law, commonly referred to as the Military Lending Act (MLA), which placed a 36% interest rate cap on several consumer loans, including payday loans, and prohibits lenders from engaging in several practices considered predatory. However, the MLA grants these protections only to active-duty military members and their dependent family members. In the wake of the mortgage foreclosure crisis, Congress passed and President Obama signed into law the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd–Frank Act), which creates a new federal agency, the Bureau of Consumer Financial Protection (CFPB), to focus on …


The Alliance Between Payday Lenders And Tribes: Are Both Tribal Sovereignty And Consumer Protection At Risk?, Nathalie Martin, Joshua Schwartz Mar 2012

The Alliance Between Payday Lenders And Tribes: Are Both Tribal Sovereignty And Consumer Protection At Risk?, Nathalie Martin, Joshua Schwartz

Washington and Lee Law Review

No abstract provided.


Loan Sharks, Interest-Rate Caps, And Deregulation, Robert Mayer Mar 2012

Loan Sharks, Interest-Rate Caps, And Deregulation, Robert Mayer

Washington and Lee Law Review

The specter of the loan shark is often conjured by advocates of price deregulation in the market for payday loans. If binding price caps are imposed, the argument goes, loan sharks will be spawned. This is the loan-shark thesis. This Article tests that thesis against the historical record of payday lending in the United States since the origins of the quick-cash business around the Civil War. Two different types of creditors have been derided as “loan sharks” since the epithet was first coined. One used threats of violence to collect its debts but the other did not. The former has …


Drug Markets, Fringe Markets, And The Lessons Of Hamsterdam, Lance Mcmillian Mar 2012

Drug Markets, Fringe Markets, And The Lessons Of Hamsterdam, Lance Mcmillian

Washington and Lee Law Review

The Wire is the greatest television series of all-time. Not only that, it is the most important. One of the most memorable story arcs from The Wire’s five seasons is the rise and fall of Hamsterdam—a quasi-legalized drug zone in West Baltimore. Stories are powerful teaching tools because they marry information and context. By seeing how the application of law affects characters we know and care about, we become more attune to the potential effects of legal decisions in the real world. The story of Hamsterdam—which is essentially an attempt to transform a black market into a fringe market—presents just …


Regulation Of Payday Loans: Misguided?, Paige Marta Skiba Mar 2012

Regulation Of Payday Loans: Misguided?, Paige Marta Skiba

Washington and Lee Law Review

Since payday lenders came on the scene in 1990s, regulation of their “predatory” practices has been swift and often severe. Fourteen states now ban payday loans outright. From an economist’s perspective, high-interest, short-term, small loans need not be a bad thing. Payday credit can help borrowers “smooth” consumption, unequivocally improving welfare as consumers borrow from future good times to help cover current shortfalls. These benefits of credit can accrue even at typical payday loan interest rates of 300%–600% APR. The question of whether payday credit actually assists borrowers in this way is an empirical one. In this Article, I review …


Payday Loan Prohibitions: Protecting Financially Challenged Consumers Or Pushing Them Over The Edge?, William M. Webster, Iv Mar 2012

Payday Loan Prohibitions: Protecting Financially Challenged Consumers Or Pushing Them Over The Edge?, William M. Webster, Iv

Washington and Lee Law Review

As recovery from the economic downturn continues, American consumers face an unabated need for short-term, small-dollar credit. To cope with this need, millions choose to take out payday loans. Often the subject of controversy and criticism, these loans have become a mainstream credit option, considered by consumers alongside so-called “traditional” credit products offered by banks and credit unions. This article examines the issues surrounding payday loans, including consumer credit needs, critical options for fulfilling those needs and consumer rationale, from the perspective of Advance America, Cash Advance Centers, Inc., the country’s largest non-bank provider of cash advance services. When faced …