Table of Contents

In and Out -- Contract Doctrines in Action

Danielle Kie Hart, Southwestern Law School

Collective Enforcement of Consumer Rights in the United Kingdom

Rebecca Money-Kyrle, Centre for Socio Legal Studies, University of Oxford

Self-Publishing an Electronic Casebook Benefited Our Readers -- And Us

Eric Goldman, Santa Clara University - School of Law
Rebecca Tushnet, Georgetown University Law Center

Consumer Generation

Sharon Jacobs, University of Colorado Law School

Spokeo v. Robins -- Brief of Public Law Professors as Amici Curiae in Support of Respondent

F. Andrew Hessick, University of Utah - S.J. Quinney College of Law

Target, Negligence, Chips, and Chickens

Jesse D Gossett, University of San Francisco - School of Law


"In and Out -- Contract Doctrines in Action" Free Download
Hastings Law Journal, Vol. 66, No. 1661, 2015

DANIELLE KIE HART, Southwestern Law School

This Article was written to test a hypothesis, namely, that it is easy to get into a contract but very difficult to get out of one. After reviewing case law from the Seventh and Ninth Circuits, contract law in action suggests that reality may be slightly different from theory. That is, the data from the cases show that it may not be so easy to get into a contract in practice, but it is extremely difficult to get out of one. Pacta sunt servanda seems to be alive and well in twenty-first century contract law. Perhaps the more significant finding from the cases, however, is that the party with more bargaining power tends to get the outcome that it wants in a given case, regardless of its preferred outcome. The implications of this finding are unsettling to say the least, in large part because it is so difficult to get out of a contract once it is formed. More specifically, misuse of unequal bargaining power by the stronger party during formation of the contract will likely go unchecked, the weaker party will be locked into whatever bargain is made, and the stronger party will get to keep even “ill-gotten gains,� so to speak, because the contract and all of its terms (both reasonable and unreasonable) will be binding. Any solution to the problems confronting contract law, therefore, will have to address bargaining power directly and effectively, which is by no means an easy task as the Home Affordable Mortgage Program (HAMP) reveals. Nevertheless, this task is one worth undertaking given that any discussion of contract law is, at least in part, also a discussion of contract law’s place within the American legal system and that system’s role in helping us to live up to our individual and collective aspirations.

"Collective Enforcement of Consumer Rights in the United Kingdom" Free Download
Money-Kyrle R 'Collective Enforcement of Consumer Rights in the United Kingdom' in 'Im Namen des Verbrauchers? Kollective Rechtsdurchsetzung in Europa/In the Name of Consumers? Collective Rights Enforcement in Europe', Schmidt-Kessel M, StrĂĽnck C and Kramme M (eds), JVW Publishing, 2015.

REBECCA MONEY-KYRLE, Centre for Socio Legal Studies, University of Oxford

This chapter arose out of a conference convened at Bayreuth University in 2014, to consider collective and public interest enforcement of consumer rights in Europe. This chapter evaluates procedural mechanisms for collective enforcement of consumer rights in the United Kingdom, including scrutiny of generic public and private law mechanisms, and regulatory redress schemes. Vertical comparisons are made with the European Union Recommendation on Collective Redress, and in context of the wider objectives of the publication to draw horizontal comparisons with other European jurisdictions.

"Self-Publishing an Electronic Casebook Benefited Our Readers -- And Us" Free Download
Washington Journal of Law, Technology & Arts, Vol. 11, No. 49, 2015

ERIC GOLDMAN, Santa Clara University - School of Law
REBECCA TUSHNET, Georgetown University Law Center

Self-publishing our electronic casebook, Advertising and Marketing Law: Cases & Materials, wasn’t some grand ambition to disrupt legal publishing. Our goal was more modest: we wanted to make available materials for a course we strongly believe should be widely taught in law school. Electronic self-publishing advanced that goal in two key ways. First, it allowed us to keep the price of the materials low. Second, we bypassed gatekeepers who may have degraded the casebook’s content and slowed the growth of an advertising law professors’ community.

"Consumer Generation" Free Download
Ecology Law Quarterly, Forthcoming

SHARON JACOBS, University of Colorado Law School

Decentralization is becoming a dominant trend in many industries, and the electricity industry is no exception. Increasing numbers of energy consumers generate their own electricity and/or provide essential grid services such as storage, efficiency and demand response. This article offers a positive account of the emergence of these new energy actors, which it calls “prosumers.� It then frames several doctrinal and procedural puzzles that prosumers create, including jurisdictional puzzles, distributional concerns, and democratic challenges. Ultimately, it concludes, prosumers can be a positive disruptive force in the electricity industry if courts and regulators can manage these challenges effectively. The article suggests that increased prosumption not only helps further traditional energy law goals but is consistent with a modernized canon of energy law norms including environmental protection and market competition. The article concludes by outlining regulatory pathways to a prosumer future, emphasizing the policy experimentation currently taking place and suggesting conditions for and core elements of a more centralized, synoptic regulatory strategy.

"Spokeo v. Robins -- Brief of Public Law Professors as Amici Curiae in Support of Respondent" Free Download

F. ANDREW HESSICK, University of Utah - S.J. Quinney College of Law

Spokeo v. Robins --- Brief of Public Law Professors as Amici Curiae in Support of Respondent.

"Target, Negligence, Chips, and Chickens" Free Download
University of San Francisco Law Review Forum, p. 479, 2014

JESSE D GOSSETT, University of San Francisco - School of Law

Point-of-sale credit card fraud is rising at an alarming rate in the United States but has been declining in Europe for more than a decade. The reason is quite simple, technology has been deployed in Europe that all but eliminates the ability of criminals to skim credit card information. However, the technology is expensive and U.S. banks and credit card issuers have no incentive to make the investment. This online Article looks at various legal theories that could be used as the proper incentives.


About this eJournal

This eJournal distributes working and accepted paper abstracts of articles, recently published articles, books, legislative reports, conferences, and other publications that address issues of interest to consumer law scholars and practitioners. Coverage includes legal issues pertaining to advertising, consumer reporting (including credit repair organizations), discrimination (including redlining), consumer disclosure (such as the Truth in Lending Act, the Real Estate Settlement Procedures Act, and consumer leasing), consumer fraud (including issues arising under the Federal Trade Commission Act, state UDAP statutes, odometer laws, referral sales, and bait and switch statutes), unconscionability, standard form contracts, consumer privacy (including telemarketing, spam, spyware, phishing, direct mail, financial privacy, common law privacy torts in consumer transactions, and online privacy), identity theft, data protection, cooling off rules (including door to door sales regulation), payment systems (such as credit and debit cards, internet payment issues, stored value cards (including gift cards and phone cards), and electronic transfers), warranties (including UCC warranties, lemon laws, and the Magnuson-Moss Warranty Act), consumer product safety, commercial speech doctrine, debt collection, repossession, predatory lending (including asset-based lending, equity stripping, flipping, balloon payments, negative amortization, loan packing, rate-risk disparities and yield-spread premiums), payday lending, usury, credit insurance, electronic shopping (including electronic signatures and records, formation of contracts, and payments), the holder in due course regulation, mortgages, student loans, repossession, foreclosure, regulation that pertains to consumer markets and enforcement of consumer laws (including class actions, preemption, arbitration, administrative enforcement, small claims courts and attorney's fees). The eJournal does not cover landlord-tenant issues or criminal law. The eJournal welcomes a broad range of methodological approaches, including conventional doctrinal analyses, law and economics approaches, historical discussions, socio-legal analyses, law and society approaches, discussions of consumer psychology that bear on legal issues, international law analyses and comparative law approaches.

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Advisory Board

Consumer Law eJournal

Associate Dean, Director - Consumer Law Center, Dwight Olds Chair in Law, University of Houston Law Center

Roger Henderson Professor of Law, University of Arizona - James E. Rogers College of Law (deceased)

Professor of Law, Georgia State University College of Law

George Alexander Madill Professor of Contracts and Commercial Law, Washington University in Saint Louis - School of Law

Professor of Law, Oklahoma City University - School of Law

Professor of Law, Ohio State University - Michael E. Moritz College of Law

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Professor of Law, Catholic University of America - Columbus School of Law

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