Situational Duress And The Aberrance Of Electronic Contracts,
2014
Chicago-Kent College of Law
Situational Duress And The Aberrance Of Electronic Contracts, Nancy S. Kim
Chicago-Kent Law Review
This article explains how the aberrant nature of electronic contracts has unique implications, which contract law should recognize. Companies, taking advantage of these unique implications, may use electronic contracts in an unfair and coercive manner, which is why this article proposes expanding the definition of duress to include “situational duress.” Situational duress would not encompass all electronic contracting scenarios, but would be limited to situations where (1) a drafting company uses an electronic contract to block consumer access to a product or service; (2) the consumer has a “vested interest” in that product or service; and (3) the consumer accepts …
Does State National Bank Of Big Spring V. Geithner Stand A Fighting Chance?,
2014
Chicago-Kent College of Law
Does State National Bank Of Big Spring V. Geithner Stand A Fighting Chance?, Devon J. Steinmeyer
Chicago-Kent Law Review
Two years after the start of the 2008 financial crisis and during one of the worst economic recessions since the Great Depression, Congress passed a law designed to insure a financial crisis of the same magnitude would not occur again, and if it did, it would not have the same wide-reaching effects the 2008 crisis had. The Dodd-Frank Wall Street Reform and Consumer Protection Act sought to, among other things, end “too big to fail,” consolidate the consumer protection agencies, and provide for the orderly liquidation of defaulting systematically important companies. State National Bank of Big Spring v. Geithner, a …
"Dodd-Frank 2.0: Creating Interactive Home-Loan Disclosures To Enable Shrewd Consumer Decision-Making",
2014
Prof. of Law, John Marshall Law School
"Dodd-Frank 2.0: Creating Interactive Home-Loan Disclosures To Enable Shrewd Consumer Decision-Making", Debra Pogrund Stark, Jessica M. Choplin, Mark Leboeuf, Andrew Pizor
Loyola Consumer Law Review
No abstract provided.
Junk Justice: A Statistical Analysis Of 4,400 Lawsuits Filed By Debt Buyers,
2014
Dir. & Clinical Instr., University of Maryland Francis King Carey School of Law's Consumer Protection Clinic
Junk Justice: A Statistical Analysis Of 4,400 Lawsuits Filed By Debt Buyers, Peter A. Holland
Loyola Consumer Law Review
No abstract provided.
Pliva, Inc. V. Mensing Aftermath: Informed Consent Lawsuits A Potential Solution For Some Generic Drug Consumers Injuried By Inadequate Warning Labeling,
2014
Loyola University Chicago, School of Law
Pliva, Inc. V. Mensing Aftermath: Informed Consent Lawsuits A Potential Solution For Some Generic Drug Consumers Injuried By Inadequate Warning Labeling, Deena K. Herndon-Remy
Loyola Consumer Law Review
No abstract provided.
Production Liability After Unintended Acceleration: How Automotive Litigation Has Evolved,
2014
KU Leuven Faculty of Law
Production Liability After Unintended Acceleration: How Automotive Litigation Has Evolved, Aaron Ezroj
Loyola Consumer Law Review
No abstract provided.
Office Of Servicemember Affairs Showing Results Early On,
2014
Loyola University Chicago, School of Law
Office Of Servicemember Affairs Showing Results Early On, Joseph Axelrod
Loyola Consumer Law Review
No abstract provided.
The Changing Face Of Health Reimbursement Arrangements: Affordable Care Act Implications For Hras,
2014
Loyola University Chicago, School of Law
The Changing Face Of Health Reimbursement Arrangements: Affordable Care Act Implications For Hras, Richard Ryan Bennett
Loyola Consumer Law Review
No abstract provided.
Consumer Protection Initiatives Across The Globe,
2014
Loyola University Chicago, School of Law
Consumer Protection Initiatives Across The Globe, Shirley Chen
Loyola Consumer Law Review
No abstract provided.
Class Actions A Thing Of The Past … Or Are They? A Look At The Circuit Courts' Application Of Comcast V. Behrend, 48 J. Marshall L. Rev. 335 (2014),
2014
UIC School of Law
Class Actions A Thing Of The Past … Or Are They? A Look At The Circuit Courts' Application Of Comcast V. Behrend, 48 J. Marshall L. Rev. 335 (2014), Christine Frymire
UIC Law Review
This Comment addresses recent developments in the law of class action waivers and certification. Specifically, it looks at three cases—Comcast, Concepcion, and Wal-Mart—in which the Supreme Court limited class action litigation and class arbitration. This Comment also addresses how the circuit courts are hesitant to follow the Supreme Court’s precedent.
Females On The Fringe: Considering Gender In Payday Lending Policy,
2014
Chicago-Kent College of Law
Females On The Fringe: Considering Gender In Payday Lending Policy, Amy J. Schmitz
Chicago-Kent Law Review
Payday lending may provide a much-needed safety net for some consumers in need of quick cash for emergencies. However, data suggest that most payday loan borrowers become repeat users caught in a cycle of high-cost debt. Furthermore, empirical evidence indicates consistent overrepresentation of women, including many single mothers, among payday loan borrowers. This takes a toll not only on these women and their families, but also on society as a whole. Indeed, context matters in payday lending debates. It is thus time to think creatively and consider contextualized programs that aim to increase women’s and all consumers’ safe borrowing options, …
Interest Rate Caps, State Legislation, And Public Opinion: Does The Law Reflect The Public's Desires?,
2014
Chicago-Kent College of Law
Interest Rate Caps, State Legislation, And Public Opinion: Does The Law Reflect The Public's Desires?, Timothy E. Goldsmith, Nathalie Martin
Chicago-Kent Law Review
In scholarly circles, debates about the benefits and burdens of high-costs lending are prevalent, as are debates about whether to cap interest on certain kinds of consumer loan. Despite this scholarly interest, few scholars actually know what the general public thinks or knows about interest rates on common consumer credit products. This article tries to close this gap through an empirical study of consumer attitudes about interest rates in the state of New Mexico, a state in which high-cost loans such as payday loans and title loans are ubiquitous. Our data show that the general public overwhelmingly supports interest rate …
Legal Uncertainty And Aberrant Contracts: The Choice Of Law Clause,
2014
Chicago-Kent College of Law
Legal Uncertainty And Aberrant Contracts: The Choice Of Law Clause, William J. Woodward Jr.
Chicago-Kent Law Review
Legal uncertainty about the applicability of local consumer protection can destroy a consumer’s claim or defense within the consumer arbitration environment. What is worse, because the consumer arbitration system cannot accommodate either legal complexity or legal uncertainty, the tendency will be to resolve cases in the way the consumer’s form contract dictates, that is, in favor of the drafter. To demonstrate this effect and advocate statutory change, this article focuses on fee-shifting statutes in California and several other states. These statutes convert very common one-way fee-shifting terms (consumer pays business’s attorneys fees if business wins but not the other way …
Some Economic Insights Into Application Of Payments Doctrine: Walker-Thomas Revisited,
2014
Chicago-Kent College of Law
Some Economic Insights Into Application Of Payments Doctrine: Walker-Thomas Revisited, James W. Bowers
Chicago-Kent Law Review
Contractual relations frequently involve multiple transactions, which might give rise either to a single aggregate debt, or else to multiple differing obligations. This conflict creates the application of payments problem. Unsurprisingly, the common law developed long-standing rules for the application of partial payments to multiple, but remedially distinguishable debts. The subject is made timely again by the recent enactments of the 1999 revision of Article 9 of the Uniform Commercial Code. Article 9 instructs courts how to solve the application of payments problem when some partial payments might satisfy “purchase money” security interests. The enactments repealed the common law application …
Are You Free To Contract Away Your Right To Bring A Negligence Claim?,
2014
Chicago-Kent College of Law
Are You Free To Contract Away Your Right To Bring A Negligence Claim?, Scott J. Burnham
Chicago-Kent Law Review
This article explores the enforceability of the exculpatory clause—a contract term in which one party agrees to give up the right to bring a negligence claim against the other party. A spectrum of views on whether a contract containing such a clause is aberrant or not is presented and analyzed, followed by the author’s view of the rubric by which the enforceability of the clause should be measured. The article concludes by deconstructing one contract in which the clause was found.
Missouri Oil And Gas Update,
2014
Barry University
Crimes And Medical Care On Board Cruise Ships: Do The Statistics Fit The Crimes?,
2014
Barry University
Crimes And Medical Care On Board Cruise Ships: Do The Statistics Fit The Crimes?, Leticia M. Diaz, Barry H. Dubner, Nicole Mckee
Faculty Scholarship
No abstract provided.
Empowering The Consumer: A Discussion On Minnesota's Dual Agency Statute And A Proposed Solution That Puts The Consumer First,
2014
William Mitchell College of Law
Empowering The Consumer: A Discussion On Minnesota's Dual Agency Statute And A Proposed Solution That Puts The Consumer First, Micheal Fleming
Student Scholarship
Many Americans across this county strive to achieve the dream of home ownership. The obstacles that stand in the way of achieving that dream can be staggering and unique to the persons pursuing home ownership. To a certain extent, it is expected that there be some proverbial hoops of fire to jump through before finally turning that key to a new home. What the consumer does not expect is to find a statutory scheme that creates unnecessary obstacles, such as a broker with a divided loyalty and information barriers, at the expense of the public. This statutory scheme is enshrined …
Third Party Funding Of Personal Injury Tort Claims: Keep The Baby And Change The Bathwater,
2014
Chicago-Kent College of Law
Third Party Funding Of Personal Injury Tort Claims: Keep The Baby And Change The Bathwater, Terrence Cain
Chicago-Kent Law Review
In the early 1990s, a period of high-risk lending at high interest rates, a new entrant emerged in civil litigation: the Litigation Finance Company (“LFC”). LFCs advance money to plaintiffs involved in contingency fee litigation. The money is provided on a non-recourse basis, meaning the plaintiff repays the LFC only if she obtains money from the lawsuit through a settlement, judgment, or verdict. If the plaintiff recovers nothing, she will not owe the LFC anything. When she does repay the LFC, however, she could end up paying as much as 280% of the amount advanced by the LFC. As one …
An Economic Perspective On Subprime Lending,
2014
Chicago-Kent College of Law
An Economic Perspective On Subprime Lending, Michael H. Anderson
Chicago-Kent Law Review
This article aims to provide a concise economic overview of several interesting subprime financing mechanisms, which are becoming increasingly common on the U.S. financial landscape. In particular, rent-to-own, payday lending, pawn broking, and (vehicle) title loans are considered. Generally speaking, a common thread with these loans is their relatively small size and short duration as well as the absence of a credit check or any of the traditional processes for determining credit-worthiness. Due to the ready availability of these loans, they appeal to low-income consumers, including the “working poor,” and to those who have suffered financial setbacks. Because the natural …
