Table of Contents

Vindicating Bankruptcy Rights

Kara J. Bruce, University of Toledo - College of Law

The Right to Be Forgotten in the European Union: Enforcement in the Court of Justice and Amendment to the Proposed General Data Protection Regulation

W. Gregory Voss, Toulouse Business School

A Fuller Understanding of Contractual Commitment

Zev J. Eigen, Northwestern University School of Law
David A. Hoffman, Temple University - James E. Beasley School of Law, Cultural Cognition Project at Yale Law School

Chinese Consumer Movement

Ying Yu, University of Oxford - Wolfson College


"Vindicating Bankruptcy Rights" Free Download

KARA J. BRUCE, University of Toledo - College of Law

Thousands of consumer debtors pass through the bankruptcy process each year. Although their cases are legally complex, the bankruptcy system handles them in a routinized manner. Creditor and debtor attorneys rely heavily on forms in place of individualized pleadings, and many aspects of a debtor’s case are designed to function without direct judicial oversight. This system functions well, but it is not without limitation. Certain repeat players — large institutional lenders with hundreds of borrowers in bankruptcy — have exploited the absence of direct oversight to tilt the consumer bankruptcy process in their favor.

This article is the second portion of my project on the use of class litigation to curb systematic creditor overreaching in bankruptcy. It considers the unique set of challenges presented by the class action device: namely, the rigorous requirements for class certification and the force of class action waivers in arbitration agreements. It finds that the prototypical debtor class action remains viable in the modern, anti-class-action framework. First, the force of class arbitration waivers can be muted in bankruptcy, as bankruptcy courts have broad discretion to deny arbitration of a matter when arbitration would “inherent[ly] conflict? with bankruptcy's aims. This article argues that courts should marshal their considerable discretion in applying the “inherent-conflict? analysis to deny arbitration of debtor class action proceedings when a class arbitration waiver is present. Second, debtor class action cases are strong candidates to run the ever-tightening gantlet of class certification.

"The Right to Be Forgotten in the European Union: Enforcement in the Court of Justice and Amendment to the Proposed General Data Protection Regulation" Free Download
Journal of Internet Law (July 2014 -- Vol. 18, No. 1) -- Aspen Publishers Inc. -- Wolters Kluwer Law & Business

W. GREGORY VOSS, Toulouse Business School

This article analyzes the famous Google Spain case (May 13, 2014) of the Court of Justice of the European Union and its recognition of a form of "the right to be forgotten", allowing individuals to request the delisting of their personal data from search engines if certain conditions are met. In doing so, it puts the right to be forgotten into the context of ongoing discussions on reform of the European Union's data protection Framework and amendments in the European Parliament to the Proposed General Data Protection Regulation.

"A Fuller Understanding of Contractual Commitment" Free Download

ZEV J. EIGEN, Northwestern University School of Law
DAVID A. HOFFMAN, Temple University - James E. Beasley School of Law, Cultural Cognition Project at Yale Law School

Contract recitals are ubiquitous. Yet, we have a thin understanding of how individuals behave with respect to these doctrinally important relics. Most jurists follow Lon Fuller in concluding that when read, contract recitals accomplish their purpose: to caution against inconsiderate contractual obligation. Notwithstanding the foundational role that this assumption has played in doctrinal and theoretical debates, it has not been tested. This Article offers what we believe to be the first experimental evidence of the effects of formal recitals of contract obligation — and, importantly too, disclaimers of contractual obligation — on individual behavior. In a series of online experiments, we found that participants were less likely to back out of an agreement, forgoing personal gain, when they were endowed with a small extra sum of money at the time of contracting, and when they acknowledged that they were not forming a contract. They were more likely to back out of their original commitment when their agreeing was accompanied by a recital of consideration, and in a control condition in which the natural consideration of bargained-for exchange prevailed. Younger, male respondents were generally more likely to back out of their agreements across all conditions than were women and older participants. The reported experimental results suggest both the descriptive weakness of theorized accounts of private control over contract enforceability and the general value of experimental work about contracting behavior.

"Chinese Consumer Movement" Free Download

YING YU, University of Oxford - Wolfson College

This paper describes the Consumer Movement landscape in China, especially explains why consumer protection level is not match to the economic development of the country. Most activity on behalf of consumers in China cannot be described as “activism?. Rather, the government dominates consumer affairs and limits it largely to assistance in complaint resolution what suggests the need for citizen pressure for remedial action.


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

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

Associate Dean and Professor of Law, University of Wyoming College of Law

Professor of Law, University of Kent, Canterbury - Kent Law School

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

Associate Dean for Intellectual Life and Professor of Law, Hofstra University School of Law