Topic
Consumer Protection
Posts
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ArticleVol. 91 · Iss. 3
The Arbitration Clause as Super Contract
It is widely acknowledged that the purpose of the Federal Arbitration Act (FAA) was to place arbitration clauses on equal footing with other contracts.…
Richard Frankel -
ArticleVol. 97 · Iss. 3
Regulation of Book Markets
Over the years, many European countries have regulated their national book markets. Chief among the regulatory schemes is the resale price maintenance (“RPM”) regime,…
Miriam Marcowitz-Bitton & Jacob Nussim -
ArticleVol. 97 · Iss. 3
Privacy Law’s False Promise
Privacy laws have never seemed stronger. New international, national, state, and local laws have been passed with the promise of greater protection for consumers.…
Ari Ezra Waldman -
CommentaryVol. 97 · Iss. 2
Exploiting Pre-Existing Beliefs
Advertisements and product labels for a wide range of consumer and investment products have highlighted product characteristics that some people erroneously believe make them…
Ahmed E. Taha -
NoteVol. 98 · Iss. 4
Getting Into Court When Data Has Gotten Out: A Two-Part Framework
Part I of this Note will examine the history of the FCRA, the basics of Article III standing, and its applications to intangible harms and…
Alyssa Aubuchon -
ArticleVol. 98 · Iss. 3
Economic Regulation and Rural America
Rural America today is at a crossroads. Widespread socioeconomic decline outside cities has fueled the idea that rural communities have been “left behind.” The…
Ann M. Eisenberg -
ArticleVol. 98 · Iss. 2
Banking on Democracy
The financial system is unequal and exclusionary even as it is supported, funded, and subsidized by public institutions. This is not just a flaw…
Mehrsa Baradaran -
ArticleVol. 90 · Iss. 3
Assembling Class Actions
Five times in the past few years, the Supreme Court has engaged the propriety of class actions. Taken together, these cases revisit certain core…
Samuel Issacharoff -
ArticleVol. 90 · Iss. 3
The History of the Modern Class Action, Part I: Sturm Und Drang, 1953–1980
This Article proceeds as follows. Part I describes the regulatory and adjectival conceptions and the dilemma of class action governance, some necessary table-setting before…
David Marcus -
ArticleVol. 98 · Iss. 1
Payday
Legislation lags behind technology all too often. While trillions of dollars are exchanged in online transactions—safely, cheaply, and instantaneously—workers still must wait two weeks…
Yonathan A. Arbel -
ArticleVol. 90 · Iss. 1
License to Deal: Mandatory Approval of Complex Financial Products
“There is definitely going to be another financial crisis around the corner because we haven’t solved any of the things that caused the previous…
Saule T. Omarova -
ArticleVol. 89 · Iss. 2
Market Makers and Vampire Squid: Regulating Securities Markets After the Financial Meltdown
The meltdown of America’s investment banking industry in 2008 (disappearing into commercial banks via government-induced mergers or morphing into bank holding companies with access…
Robert B. Thompson