K-Cup Crusade For Consumers,
2015
Loyola University Chicago, School of Law
K-Cup Crusade For Consumers, Shirley Chen
Loyola Consumer Law Review
No abstract provided.
Democratizing Higher Education: Defending & Extending Income Based Repayment Programs,
2015
University of Maryland Francis King Carey School of Law
Democratizing Higher Education: Defending & Extending Income Based Repayment Programs, Frank Pasquale
Loyola Consumer Law Review
No abstract provided.
Putting Disclosure To The Test: Toward Better Evidence-Based Policy,
2015
Harvard University
Putting Disclosure To The Test: Toward Better Evidence-Based Policy, Talia B. Gillis
Loyola Consumer Law Review
No abstract provided.
International Trade's Zero-Sum Game: How Zeroing In Accordance With The Tariff Act Of 1930 Harms The American Economy And Why It Must Go,
2015
Loyola University Chicago, School of Law
International Trade's Zero-Sum Game: How Zeroing In Accordance With The Tariff Act Of 1930 Harms The American Economy And Why It Must Go, Courtney Cox
Loyola Consumer Law Review
No abstract provided.
The Predatory Nature Of State Lotteries,
2015
Loyola University Chicago, School of Law
The Predatory Nature Of State Lotteries, Andrew Clott
Loyola Consumer Law Review
No abstract provided.
Consumer Law In The News,
2015
Loyola University Chicago, School of Law
"Whimsy Little Contracts" With Unexpected Consequences: An Empirical Analysis Of Consumer Understanding Of Arbitration Agreements,
2015
Alexander Blewett III School of Law at the University of Montana
"Whimsy Little Contracts" With Unexpected Consequences: An Empirical Analysis Of Consumer Understanding Of Arbitration Agreements, Paul F. Kirgis, Jeff Sovern, Elayne E. Greenberg, Yuxaing Liu
Faculty Law Review Articles
Arbitration clauses have become ubiquitous in consumer contracts. These arbitration clauses require consumers to waive the constitutional right to a civil jury, access to court, and, increasingly, the procedural remedy of class representation. Because those rights cannot be divested without consent, the validity of arbitration agreements rests on the premise of consent. Consumers who do not want to arbitrate or waive their class rights can simply decline to purchase the products or services covered by an arbitration agreement. But the premise of consent is undermined if consumers do not understand the effect on their procedural rights of clicking a box …
Undercover Investigations And Government Lawyers,
2015
University of Arkansas Little Rock
Undercover Investigations And Government Lawyers, Eric B. Estes
University of Arkansas at Little Rock Law Review
No abstract provided.
Regulating For The First Time The Decision To Grant Consumer Credit: A Look At The First Steps Taken By The United States And Australia,
2015
University of Florida Levin College of Law
Regulating For The First Time The Decision To Grant Consumer Credit: A Look At The First Steps Taken By The United States And Australia, Jeffrey Davis
UF Law Faculty Publications
In this Article, I discuss the changes in three consumer-credit realms. First, I compare the Australian regime applicable to all forms of consumer credit granting, including mortgage lending, to the American regulation of the consumer mortgage-granting decision. Second, I compare the Australian and American approaches to the decision to authorize use of, or increase the credit limit on, individual credit cards. Third, I compare the two approaches to regulating small short-term loans, usually called payday loans. Finally, I compare the enforcement regimes of both countries — perhaps the key to it all.
Reforming The Regulation Of Community,
2015
Wake Forest University
Reforming The Regulation Of Community, Tanya D. Marsh
Indiana Law Journal
The regulatory framework for financial institutions in the United States imposes significant costs on community banks without providing benefits to consumers or the economy that justify those costs. The Dodd-Frank Wall Street Reform and Consumer Protection Act builds on decades of “one-size-fits-all” regulation of financial institutions, an ill-conceived regulatory strategy that puts community banks at a competitive disadvantage as compared with their larger, more complex competitors. The imposition of regulatory burdens on community banks without attendant benefits ultimately harms both consumers and the economy by (1) forcing community banks to consolidate or go out of business, furthering the concentration of …
Patient Recourse In International Healthcare: Arbitration And Insurance For Self-Referred Patients,
2015
Loyola University Chicago, School of Law
Patient Recourse In International Healthcare: Arbitration And Insurance For Self-Referred Patients, Thomas S. Terranova
Loyola Consumer Law Review
No abstract provided.
Lift Not The Painted Veil! To Whom Are Directors’ Duties Really Owed?,
2015
Fordham University School of Law
Lift Not The Painted Veil! To Whom Are Directors’ Duties Really Owed?, Martin Gelter, Geneviève Helleringer
Faculty Scholarship
In this article, we identify a fundamental contradiction in the law of fiduciary duty of corporate directors across jurisdictions, namely the tension between the uniformity of directors’ duties and the heterogeneity of directors themselves. American scholars tend to think of the board as a group of individuals elected by shareholders, even though it is widely acknowledged (and criticized) that the board is often a largely self-perpetuating body whose inside members dominate the selection of their future colleagues and eventual successors. However, this characterization is far from universally true internationally, and it tends to be increasingly less true even in the …
It's Time To Remove The 'Mossified' Procedures For Ftc Rulemaking,
2015
American University Washington College of Law
It's Time To Remove The 'Mossified' Procedures For Ftc Rulemaking, Jeffrey Lubbers
Scholarly Articles in Law Reviews & Journals
This article, prepared for The George Washington Law Review’s Symposium “The FTC at 100,” addresses the FTC’s rulemaking process — specifically the quasi-adjudicative process mandated by the Magnuson-Moss Warranty — Federal Trade Commission Improvement Act of 1975 and the additional procedures added by the Federal Trade Commission Improvements Act of 1980 (collectively called the “Magnuson-Moss Procedures”). The article compares how long it took the FTC to complete or terminate the rulemakings it undertook under the Magnuson-Moss Procedures (including amendments to previously issued rules) with the amount of time it took the FTC to issue rules under the “regular” Administrative Procedure …
Fixing Failure To Warn,
2015
Brooklyn Law School
Fixing Failure To Warn, Aaron D. Twerski, James A. Henderson Jr.
Cornell Law Faculty Publications
Design-defect and failure-to-warn cases share the same structural elements. Just as the defendant cannot defend a case premised on defective design without knowing the specifics of how the plaintiff would redesign the product to make it safer, so with regard to defective warnings the plaintiff cannot challenge the reasonableness of the defendant's marketing or whether better warnings would have saved the plaintiff from injury without knowing the specifics of the proposed warnings. No court would accept as adequate a statement by the plaintiff that she has a general idea for a reasonable alternative design (RAD), and no court should accept …
Contra Proferentem And The Role Of The Jury In Contract Interpretation,
2015
Fordham University School of Law
Contra Proferentem And The Role Of The Jury In Contract Interpretation, Ethan J. Leib, Steve Thel
Faculty Scholarship
Revisiting Bill Whitford’s work on the role of the jury in contract interpretation and his work on consumer form contracting inspired us to take a careful look at a doctrine of contract interpretation that is usually thought to help consumers in interpretive battles with those who draft their contracts unilaterally. But we found that contra proferentem -- the canon that requires construing or interpreting a contract against the drafter when ambiguities arise -- is more confusing than we expected. What we have done here is lay out some of the complexities of the doctrine, focusing on its broader application outside …
Consumer Cloud Robotics And The Fair Information Practice Principles: Recognizing The Challenges And Opportunities Ahead,
2015
University of Nevada, Las Vegas -- William S. Boyd School of Law
Consumer Cloud Robotics And The Fair Information Practice Principles: Recognizing The Challenges And Opportunities Ahead, Andrew Proia, Drew Simshaw, Kris Hauser
Scholarly Works
Rapid technological innovation has made commercially accessible consumer robotics a reality. At the same time, individuals and organizations are turning to "the cloud" for more convenient and cost-effective data storage and management. It seemed only inevitable that these two technologies would merge to create cloud robotics, "a new approach to robotics that takes advantage of the Internet as a resource for massively parallel computation and sharing of vast data resources." By making robots lighter, cheaper, and more efficient, cloud robotics could be the catalyst for a mainstream consumer robotics marketplace. However, this new industry would join a host of modern …
Hooks V. Forman, Holt, Eliades & Ravin, Llc,
2015
New York Law School, 2015
Hooks V. Forman, Holt, Eliades & Ravin, Llc, Jennifer A. Gong
NYLS Law Review
No abstract provided.
Minding The Gap: A Call For Standardizing Pre-Dispute Arbitration Clauses In Otc Derivative Transactions,
2015
New York Law School, 2014
Minding The Gap: A Call For Standardizing Pre-Dispute Arbitration Clauses In Otc Derivative Transactions, Zachary E. Davison
NYLS Law Review
No abstract provided.
"Whimsy Little Contracts" With Unexpected Consequences: An Empirical Analysis Of Consumer Understanding Of Arbitration Agreements,
2015
St. John's University School of Law
"Whimsy Little Contracts" With Unexpected Consequences: An Empirical Analysis Of Consumer Understanding Of Arbitration Agreements, Jeff Sovern, Elayne E. Greenberg, Paul F. Kirgis, Yuxiang Liu
Faculty Publications
Arbitration clauses have become ubiquitous in consumer contracts. These arbitration clauses require consumers to waive the constitutional right to a civil jury, access to court, and, increasingly, the procedural remedy of class representation. Because those rights cannot be divested without consent, the validity of arbitration agreements rests on the premise of consent. Consumers who do not want to arbitrate or waive their class rights can simply decline to purchase the products or services covered by an arbitration agreement. But the premise of consent is undermined if consumers do not understand the effect on their procedural rights of clicking a box …
Saving Charitable Settlements,
2015
University at Buffalo School of Law
Saving Charitable Settlements, Christine P. Bartholomew
Journal Articles
This Article defies the conventional wisdom that all charitable distributions from a class action settlement fund are types of cy pres. Instead, it proposes a radical delineation between “cy pres remainders” (meaning settlement funds left over after individual monetary distributions) and “charitable settlements” (meaning money initially distributed to charities as part of class action settlements). While both have cy pres roots, these two settlement structures have been conflated, jeopardizing the potential utility of charitable settlements. After articulating more precise nomenclature for these distinct distribution methods, this Article justifies why we must preserve charitable settlements. This defense is particularly timely, as …
