Academic & Scholarly News

ALI Consumer Contracts Restatement-What's at Stake

05/16/19

The American Law Institute's membership will vote next Tuesday (the 21st) on whether to approve the ALI's Consumer Contracts Restatement project.  Let me recap why you should care about this project:  it opens the door for businesses to use contract to abuse consumers in basically any way they want.

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Podcast on ALI Consumer Contracts Restatement

05/16/19

I did a podcast for the Consumer Finance Monitor Podcast about the American Law Institute's Consumer Contracts Restatement project.  It's not often that you will see me on the same side of an issue as the podcast's host, Alan Kaplinsky, an attorney at Ballard Spahr who represents financial services firms.

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ALI Consumer Contracts Restatement--More Problems with the Legal Research

05/16/19

More problems are emerging with the legal research underlying the American Law Institute's Consumer Contracts Restatement project.  The Consumer Contracts Restatement has been the subject of scholarly criticism for a while because of its novel quantitative empirical approach (case counting).  The Restatement stands on six empirical studies of consumer contracts.

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ALI Engages in Cheap Intimidation Tactics in Its Attempt to Ram Through the Consumer Contracts Restatement

05/16/19

As Credit Slips readers know, I've been fighting the American Law Institute's Consumer Contracts Restatement project for several years.  I think it started with good intentions, but it's unfortunately turned into a remarkably anti-consumer project.

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The Second Circuit Got It Right in Madden v. Midland Funding

04/18/19

Professor Peter Conti-Brown of the Wharton School has written a short article for Brookings decrying the Second Circuit’s 2015 Madden v. Midland Funding decision. Professor Conti-Brown doesn’t like the Madden decision for two reasons. First, he thinks its wrong on the law.

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International & Comparative Insolvency Law Symposium CFP

12/28/18

If you're wondering what to do with your New Year's downtime, you might consider submitting a paper proposal for an International & Comparative Insolvency Law Symposium, this year to be held at the beautiful University of Miami (in Coral Gables) on November 14-15, 2019.

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Procedural Justice and Corporate Reorganization

12/11/18

I just posted to the Social Science Research Network my response -- Jevic's Promise: Procedural Justice in Chapter 11 -- to Jonathan Lipson's recent article about Czyzewski v. Jevic Holding Corp. and structured dismissals.

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Boulder Summer Conference on Consumer Financial Decision Making

11/21/18

One of my favorite conferences is the Conference on Consumer Financial Decision Making held every summer in Boulder, Colorado, and I am not the only one who feels that way. Next year's conference will occur from May 19-21, 2019.

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Update on Catholic Dioceses's Chapter 11 Filings, Fall 2018 Edition

11/17/18

A few weeks ago, Marie Reilly (Penn State Law, University Park) posted to SSRN a new paper, Catholic Dioceses in Bankruptcy, which details the outcomes of the eighteen chapter 11 cases filed by Catholic dioceses and religious institutes since 2004.

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