Consumer Law In The News,
2015
Loyola University Chicago, School of Law
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.
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 …
Regulating Farming: Balancing Food Safety And Environmental Protection In A Cooperative Governance Regime,
2015
Elisabeth Haub School of Law at Pace University
Regulating Farming: Balancing Food Safety And Environmental Protection In A Cooperative Governance Regime, Margot J. Pollans
Elisabeth Haub School of Law Faculty Publications
After providing a brief overview of regulation in each area, Part I of this Article identifies three types of discordance between produce safety and environmental protection on farms. First, because of limited resources, farmers will have to choose between implementing food safety practices and implementing environmental practices. Second, indirect trade-offs between the two regulatory goals result in damaging collateral consequences for the environment. Food safety regulation may exacerbate a range of existing environmental harms. Third, there is at least one direct clash that may make compliance with food safety law incompatible with participation in certain environmental programs. Part I also …
Environmental Privacy,
2015
Elisabeth Haub School of Law at Pace University
Environmental Privacy, Katrina Fischer Kuh
Elisabeth Haub School of Law Faculty Publications
This Article looks to nuisance doctrine, surveillance under environmental statutes, and Fourth Amendment cases arising in implementation of fish and game laws (the hunter enforcement cases) to better understand our experience, to date, balancing the need for environmental information with privacy. Section A analyzes common law nuisance and its relationship to individual privacy concerns and concludes that the law affords little *7 value to or protection of privacy in the context of at least one type of environmental externality -- conduct that gives rise to a common law nuisance. Recognizing that most environmentally significant individual behaviors do not constitute a …
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 …
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.
Putting Disclosure To The Test: Toward Better Evidence-Based Policy,
2015
Columbia Law School
Putting Disclosure To The Test: Toward Better Evidence-Based Policy, Talia B. Gillis
Faculty Scholarship
Financial disclosures no longer enjoy the immunity from criticism they once had. While disclosures remain the hallmark of numerous areas of regulation, there is increasing skepticism as to whether disclosures are understood by consumers and do in fact improve consumer welfare. Debates on the virtues of disclosures overlook the process by which regulators continue to mandate disclosures. This article fills this gap by analyzing the testing of proposed disclosures, which is an increasingly popular way for regulators to establish the benefits of disclosure. If the testing methodology is misguided then the premise on which disclosures are adopted is flawed, leaving …
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.
Heuristics, Biases, And Consumer Litigation Funding At The Bargaining Table,
2015
Vanderbilt University Law School
Heuristics, Biases, And Consumer Litigation Funding At The Bargaining Table, Jean Xiao
Vanderbilt Law Review
Imagine three plaintiffs. The first incurred serious back injuries as a passenger in an automobile collision.' The second suffered permanent head injuries as a day laborer in a construction accident. The third experienced a debilitating asthma attack, caused by exposure to floor-cleaning chemicals at her workplace. You now have the chance to advance money to the plaintiff that you believe has the lawsuit with the highest expected value. If the selected plaintiff settles or wins at trial, then you receive the money you gave the plaintiff plus interest that approaches 200% a year. Here is the catch: if the plaintiff …
The Bomb Keeps The Lights On: The Use Of Final-Offer Arbitration In Failed Retransmission Consent Negotiations,
2015
Benjamin N. Cardozo School of Law
The Bomb Keeps The Lights On: The Use Of Final-Offer Arbitration In Failed Retransmission Consent Negotiations, Daniel J. Weiss
Cardozo Journal of Conflict Resolution
This Note will consider the imposition of binding arbitration in instances of failed retransmission consent negotiations between broadcasters and cable companies. It will first consider the FCC's authority to do so under the Communication Act of 1934 and the ADRA. Central to this discussion will be the debate and legislative history surrounding the 1992 Act and the way that mandatory binding arbitration has been used other contexts by the Commission. Further, this Note will explore the specific type of arbitration to be employed by the FCC in event the Commission finds they have the authority to mandate such a procedure. …
"Pay-For-Delay" Settlements Post-Actavis: Why Mediation Can Tackle The "Unreasonable" Antitrust Settlements,
2015
Benjamin N. Cardozo School of Law
"Pay-For-Delay" Settlements Post-Actavis: Why Mediation Can Tackle The "Unreasonable" Antitrust Settlements, Sheena Ching
Cardozo Journal of Conflict Resolution
This Note discusses the benefits that mediation can have on the reverse payment settlement and antitrust debate, and how it can satisfy the "rule of reason" requirement post-Actavis. Accordingly, Section II discusses the legislative history and policy of the Hatch-Waxman Act. It elaborates on the pioneer drug development process and how the combination of legislation and the inherent nature of drug development resulted in "pay-for-delay" settlements. Section III discusses majority and dissenting opinions in the landmark Supreme Court case FTC v. Actavis as well as the circuit split decisions that led up to the Court's ultimate ruling and …
Information Privacy Law Scholars' Brief In Spokeo, Inc. V. Robins,
2015
Washington University in St. Louis School of Law
Information Privacy Law Scholars' Brief In Spokeo, Inc. V. Robins, Neil M. Richards, Julie E. Cohen, Chris Jay Hoofnagle, William Mcgeveran, Paul Ohm, Joel R. Reidenberg, David Thaw, Lauren E. Willis
Scholarship@WashULaw
This brief, submitted to the Supreme Court of the United States by 15 information privacy law scholars in the case of Spokeo, Inc. v. Robins (No 13-1339), argues that in enacting the Fair Credit Reporting Act (FCRA), Congress crafted a bargain between aggressive, secretive data-aggregating businesses and the public: if those businesses limited disclosures and made reasonable efforts to adhere to practices ensuring “maximum possible accuracy,” they would enjoy a safe harbor from litigation under many other state and federal theories. The FCRA’s consumer transparency requirements and remedial provisions were designed to encourage steady improvement in consumer reporting practices and …
Internet Protocol Television And The Challenge Of "Mission Critical" Bits,
2015
Penn State University
Internet Protocol Television And The Challenge Of "Mission Critical" Bits, Rob Frieden
Cardozo Arts & Entertainment Law Journal
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 …
Introduction: Data Breaches: Moving Forward, Practically,
2015
Benjamin N. Cardozo School of Law
Introduction: Data Breaches: Moving Forward, Practically, Cindy E. Zuniga
Cardozo Law Review de•novo
Cardozo Law Review de•novo’s online symposium: Data Breaches: Moving Forward, Practically focuses on proactive steps that policymakers, regulators, the judiciary, and businesses can take to address the array of issues arising from data breaches. The online symposium features articles from Lauren Henry, Adam Lamparello, Peter Yu, and David Thaw.
