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tutions and services that use arbitration to shield bad practices that individual consumers cannot fight because the arbitration is prohibitively expensive of course arbitration proponents also correctly assert that the free pass provisions keep away spurious class actions where the cfpb ultimately lands on this dicey issue is yet to be seen but expect a big fight on this one with good arguments for and against the free pass l regis jsm posted by unknown at 11 34 am 3 comments tuesday october 6 2015 new student loan servicing guidelines mandated by cfpb as of 2015 one in seven student loan borrowers or about 14 percent defaulted on their student loans within three years of starting the repayment period after college was reported by the chicago tribune as the student loan debt seems to have ballooned out of control from 600 billion in 2006 to 1 2 trillion in 2015 the consumer financial protection bureau cfpb has recently reported widespread servicing failures on both the federal and private student loan borrowers as the cfpb noted loan service providers play a vital role in providing borrowers key information about payments and account information millions of student borrowers reported to the cfpb the illegal servicing practices employed and the failure to provide the most basic level of services necessary to meet borrower s needs much of this comes as no surprise to most so will the cfpb take action if so will it be enough first to make the loan process more simplified the department of education in fall 2016 will open registration three months earlier to allow parents and students to have a true cost of attending college while still in high school in sept 2015 the cfpb released the joint statement of principles on student loan servicing which outlined new guidelines and recommendations that all loan service providers must abide these recommendations were formed to create consistency to hold service providers accountable and to help borrowers be more informed about their debt obligations at the heart if the joint statement is information transparency regarding payment terms that consumers have come to expect under other regulations subject to the consumer credit protection act transparency has come along way in terms of disclosure with credit cards for instance improving disclosure in an understandable and meaningful way is not to be understated it is one vital step by the cfpb in its advocating for student borrowers all of whom can be affected by unfair servicing practice and which will now be curtailed jsm and leighton regis posted by unknown at 9 46 am no comments wednesday april 8 2015 debit card overdraft problems not solved when the 2010 amendments to regulation e to the electronic funds transfer act mandated an opt in regime for bank overdraft programs for debit cards the fix seemed a good solution see jennifer martin how your 4 coffee can cost you 39 or more if you use your debit card federal level consumer protection and modern payments transactions memphis l rev 2009 a july 2014 study of the consumer financial protection bureau suggests that the fix may not have worked the study found that consumers are still incurring overdraft charges in large numbers and on transactions of 24 or less approximately twenty percent 20 of those consumers who do opt in are incurring more than ten annual overdrafts the cfpb is looking at new regulation on debit overdrafts it would seem that at the least revisions to the model form for such services is likely perhaps a cap on fees might also be warranted on debit overdrafts jsm posted by jennifer martin at 8 00 pm 1 comment thursday april 2 2015 sales survey of 2014 cases my annual survey of noteworthy sales cases arising under article 2 during 2014 is now available on ssrn 71 bus law forthcoming aug 2015 there is the usual cadre of good formation cases such as grandoe corp v gander mountain co formation under section 2 204 based on oral agreement where buyer had its terms and conditions posted on its web site and nebraska machinery co v cargotec solutions llc formation under sections 2 206 and 2 207 based upon conduct of delivery payment and use of engines there were also a number of good remedies cases in 2014 in particular the case of peace river seed co operative ltd v proceeds marketing inc took up the difficult issue of a seller which wants to claim a market based remedy under 2 708 after a favorable resale while the code is not clear on these types of resales this case is wrong as it fails to give full effect to the policy of limited compensation under the code and the doctrine of mitigation jsm posted by jennifer martin at 10 29 am 1 comment tuesday january 27 2015 national association of women lawyers 2015 selma moidel smith law student writing competition nawl has just finalized the announcement for the 2015 selma moidel student writing contest i would like to encourage submission of papers by any law students who may be writing on topic papers that discuss issues related to women the announcement the national association of women lawyers nawl is a national voluntary legal professional organization whose mission is the advancement of women in the legal profession and women s rights since 1899 nawl has served as an educational forum and active voice for the concerns of women lawyers in this country and abroad nawl continues to support and advance the interests of women in and under the law and in so doing supports and advances the social political and professional empowerment of women through its programs and networks nawl provides the tools for women in the profession to advance prosper and enrich the profession nawl has established the annual selma moidel smith law student writing competition to encourage and reward original law student writing on issues concerning women and the law the rules for the competition are as follows entrants should submit a paper on an issue concerning women s rights or the status of women in the law the most recent winning paper was the decriminalization of rape on america s college campuses how federal sex discrimination policy has diminished the role of the criminal justice system in combatting sexual violence written by danielle elizabeth debold new york university school of law please view paper at http www nawl org p cm ld fid 83 essays will be accepted from students enrolled at any law school during the 2014 15 school year the essays must be the law student author s own work and must not have been submitted for publication elsewhere papers written by students for coursework or independent study during the summer fall or spring semesters are eligible for submission notwithstanding the foregoing students may incorporate professorial feedback as part of a course requirement or supervised writing project format essays must be double spaced in 12 point times new roman font all margins must be one inch entries must not exceed fifteen 15 pages of text excluding notes with footnotes placed as endnotes citation style should conform to the bluebook a uniform system of citation essays longer than 15 pages of text excluding notes or which are not in the required format may not be read judging nawl women lawyers journal designees will judge the competition essays will be judged based upon content exhaustiveness of research originality writing style and timeliness questions questions regarding this competition should be addressed to the chair of the writing competition professor jennifer martin at jmartin stu edu submission and deadline entries must be received by may 1 2015 entries received after the deadline will be considered only at the discretion of nawl entries must provide a cover letter providing the title of your essay school affiliation email address phone number and mailing address entries must be submitted in the following format email an electronic version in microsoft word to jmartin stu edu award the author of the winning essay will receive a cash prize of 500 nawl will also publish the winning essay in the nawl women lawyers journal posted by jennifer martin at 3 17 pm no comments sunday january 25 2015 10th annual contracts conference soon get your paper proposals in call for participation and proposals 10th international conference on contracts kcon 10 william s boyd school of law unlv las vegas nevada february 27 28 2015 unlv s william s boyd school of law is pleased to again host the international conference on contracts a two day conference designed to afford contracts scholars and teachers at all experience levels including those preparing to enter the academy and those whose primary teaching appointment is not in a law school an opportunity to present demonstrate and discuss formally and informally recently published and accepted but not yet published scholarship works in progress thought experiments as yet fully formed ideas for scholarship and pedagogical innovations and to network with colleagues and potential collaborators or mentors from around the country and other parts of the world invitation we invite paper presentation and panel proposals exploring any aspect of contract law theory and policy writ large including but not limited to bankruptcy insolvency commercial law consumer law dispute resolution regimes employment law family law insurance law legal systems and restitution in addition to more traditional contract topics from a behavioral comparative critical doctrinal economic empirical equitable historical institutional interdisciplinary jurisprudential pedagogical philosophical policy driven or political perspective we also solicit volunteers to serve as moderators or discussants for panels that are not packaged deals the cfps issued earlier this year for the aals section on contracts and section on commercial and related consumer law s january annual meeting programs each yielded more excellent proposals than either section can accommodate in washington there are also issues of weather timing politics and expense that may keep some away from the aals annual meeting we strongly encourage those who submitted papers or proposals to either section successfully or unsuccessfully to submit to us kcon 10 s attendance will almost certainly exceed that of any single session at aals and although there will be some overlap in the audience there will also be plenty of fresh eyes and ears in february in las vegas i intend to organize a panel in memory of our dear friend and colleague jean braucher and another to discuss omri ben shahar carl schneider s recent book more than you wanted to know the failure of mandated disclosure a couple of other panel ideas are already brewing those efforts even if all bear fruit still leave room for many more presenters moderators and discussants we will try to accommodate as many presenters moderators and discussants as possible we particularly encourage junior scholars and those who work in non u s legal systems to propose papers or panels and to volunteer to serve as a discussant or moderator we also welcome anyone who wishes to attend the conference without presenting or serving as a discussant or moderator the educational and networking benefits alone are worth the price of admission publication there is no publication requirement for conference participants although experience suggests that individual papers and panels often find good homes the nevada law journal encourages participants to submit individual and panel papers and hopes to publish several works from the conference in upcoming issues submitting a proposal if you would like to propose a presentation or panel please e mail a title brief description and any supporting materials by january 23 2015 to keith rowley unlv edu or snail mail it to me at the address below if you would like to discuss or moderate please let me know your interests and availability by january 23 we will evaluate proposals as they come in and will consider on a space available basis any we receive after january 23 preliminary schedule the conference program will begin both friday and saturday morning no later than 9 00 a m grazing and conversational opportunities will start earlier and will run until 5 00 or 5 30 p m each day accommodations bluegreen club 36 near campus 372 e tropicana avenue las vegas nv 89169 is holding a block of rooms for thursday 2 26 through saturday 2 28 nights at a rate of 92 00 per night plus tax for a deluxe suite or 82 00 per night plus tax for a standard suite to book a conference rate suite at bluegreen club 36 please call 800 456 0009 and tell the reservations agent that you are with the unlv law school contracts conference the deadline for hotel registration at the conference rate is february 4 2015 however i encourage you to book sooner as we blocked a limited number of rooms and will be better able to get the hotel to make the conference rate available to additional attendees if early registration is robust for those who prefer to stay on the las vegas strip we have also secured a smaller block of rooms at the luxor 3900 las vegas boulevard south las vegas nv 89119 for thursday 2 26 through saturday 2 28 nights for tower deluxe rooms one king bed or two queen beds at a rate of 40 00 per night plus tax 18 night resort fee for thursday 2 26 89 00 per night plus tax 18 night resort fee for friday 2 27 and 99 00 per night plus tax 18 night resort fee for friday 2 27 the luxor is considerably farther from campus than bluegreen club 36 and traffic on and around the las vegas strip can be heavy at times however this is an excellent rate that appears to be available for earlier check in for attendees looking to spend an extra night or two in las vegas to book a conference rate room at the luxor go to https aws passkey com event 13031521 owner 4939 home the deadline for the conference rate at the luxor is january 29 2015 again i encourage you to book sooner as we blocked a smaller number of rooms there and will be better able to get the luxor to make the conference rate available to additional attendees if the block fills up quickly transportation we ll provide transportation between bluegreen club 36 and the law school as well as friday s dinner venue if it is off campus if enough attendees book rooms at the luxor we will arrange shuttle service to and from there as well attendees who prefer to stay elsewhere are responsible for their own transportation sustenance your registration fee will cover the costs of lunches both days and a reception and dinner friday evening as well as coffee fruit and baked goods each morning and cold beverage service and morsels each afternoon registration we re still finalizing the conference registration fee and process the registration fee will be no more than 250 which will include friday evening s conference dinner at which we will recognize this year s career achievement award recipient additional tickets to friday s dinner will be available for guests who are not registered for the c...