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Brian Wolfman
Recent Activity
In a case in federal district court in North Dakota, the Consumer Financial Protection Bureau has filed this brief about the D.C. Circuit's decision in PHH Corporation v. CFPB and said this: In considering a separation-of-powers challenge to the Bureau’s... Continue reading
Posted 4 days ago at CL&P Blog
On Tuesday, we posted here and here about the D.C. Circuit's decision in PHH Corporation v. CFPB, which held that the CFPB's governing structure is unconstitutional because its director is too independent of the President -- the CFPB is an... Continue reading
Posted Oct 13, 2016 at CL&P Blog
Read the court's very long opinion. The basic problem identified by the D.C. Circuit is that the CFPB is an independent agency run not by a multi-member commission (the members of which serve as checks on one another), but by... Continue reading
Posted Oct 11, 2016 at CL&P Blog
That's the topic of this article by Jeff Lingwall. Here is the abstract: This Article examines the emerging use of “food forensics” to discover injury in class action litigation. Based on increased public interest in what goes inside food, plaintiffs... Continue reading
Posted Oct 4, 2016 at CL&P Blog
We posted recently about Uber's plans to put driverless cars on the road in Pittsburgh very soon. Auto safety advocates say it's too soon and the public's safety is at risk. Today's Washington Post has this article on the topic... Continue reading
Posted Sep 12, 2016 at CL&P Blog
Interesting article from Brad Plumer here. Continue reading
Posted Sep 9, 2016 at CL&P Blog
That's the topic of Taxing Sugar Sweetened Beverages to Lower Childhood Obesity by Sarah Wetter and James Hodge. Here is the abstract: Consumption of sugar-sweetened beverages (SSBs) contributes to multiple health problems including obesity, diabetes, and tooth decay, especially among... Continue reading
Posted Sep 9, 2016 at CL&P Blog
As the unemployment rate has dropped considerably to below 5% from double that during the Great Recession, another, seemingly paradoxical, trend has continued: a drop in adult male workforce participation, which was nearly 100% in the 1960s and is below... Continue reading
Posted Sep 9, 2016 at CL&P Blog
The fairness and effectiveness of class litigation has been questioned by courts in recent years. In Inside the Agency Class Action law profs Michael Sant'Ambrogio and Adam Zimmerman argue that aggregation techniques criticized by courts have been used fairly and... Continue reading
Posted Sep 8, 2016 at CL&P Blog
Law profs Craig Konnoth and Seth Kreimer have written Spelling Out Spokeo. Here is the abstract: For almost five decades, the injury-in-fact requirement has been a mainstay of Article III standing doctrine. Critics have attacked the requirement as incoherent and... Continue reading
Posted Sep 6, 2016 at CL&P Blog
Writing in today's New York Times, Erik Eckholm explains in Court Costs Entrap Nonwhite, Poor Juvenile Offenders that Fines, fees and restitution mandates are levied on juvenile offenders to varying degrees in every state, a new national survey of these... Continue reading
Posted Sep 1, 2016 at CL&P Blog
Is it a good idea to label genetically modified foods to indicate that they include ingredients that have been genetically modified? And, more generally, when should the government require precautionary labeling? Those are the topics of On Mandatory Labeling, With... Continue reading
Posted Aug 31, 2016 at CL&P Blog
That's pretty much the topic of The Limits of Comprehensive Peace: The Example of the FLSA by Lonnie Hoffman and Christian Ward. Here is the abstract: Normally, cases can be settled on broad terms that release all related claims. Although... Continue reading
Posted Aug 19, 2016 at CL&P Blog
Read this article by Russ Mitchell and Tracey Lien. Here's an excerpt: The robot cars aren’t coming. The robot cars are here. A fleet of Fords and Volvos, capable of driving themselves, is fully equipped and ready to hit the... Continue reading
Posted Aug 18, 2016 at CL&P Blog
The Supreme Court's decisions in Bell Atlantic v. Twombly, 550 U.S. 544 (2007), and Ashcroft v. Iqbal, 556 U.S. 662 (2009), heightened the standard for fact pleading in federal court. These cases were generally understood to mean that plaintiffs would... Continue reading
Posted Aug 17, 2016 at CL&P Blog
Mitch Zeller, the head of the Food and Drug Administration's Center for Tobacco Products, has posted Protecting the Public and Especially Kids from the Dangers of Tobacco Products, Including E-Cigarettes, Cigars and Hookah Tobacco. Here's an excerpt: This month, for... Continue reading
Posted Aug 9, 2016 at CL&P Blog
The Federal Trade Commission has created this webpage with a bunch of information about how consumers can recover under its settlement with Volkswagen. (As you will recall, Volkswagen told its customers that many of its cars emitted low levels of... Continue reading
Posted Aug 5, 2016 at CL&P Blog
As explained in this article by Stacy Cowley, Massachusetts has become the first state to bar employers from asking job applicants about what they earned at their prior jobs. This excerpt explains why: By barring companies from asking prospective employees... Continue reading
Posted Aug 3, 2016 at CL&P Blog
In Meyer v. Kalanick and Uber, the named plaintiff, Spencer Meyer, alleges that Travis Kalanick orchestrated an antitrust conspiracy arising from the algorithm that co-defendant Uber uses to set Uber ride prices. The plaintiffs sued in federal court in New... Continue reading
Posted Aug 2, 2016 at CL&P Blog
This webpage explains what the Consumer Financial Protection Bureau believes it has accomplished over its first five years. Go here or click below for a CFPB video describing the purposes and (brief) history of the agency. (The video features Elizabeth... Continue reading
Posted Aug 2, 2016 at CL&P Blog
Michele Singletary, the Washington Post's consumer reporter, is doing a series of articles assessing the first five years of Consumer Financial Protection Bureau. The first in the series is an interview with the agency's director Richard Cordray. Continue reading
Posted Jul 31, 2016 at CL&P Blog
The Fourth Circuit has struck down the N. Carolina voter I.D. law, finding that that it was conceived with discriminatory intent. The opinion is here. The court said this: In response to claims that intentional racial discrimination animated [the N.C.... Continue reading
Posted Jul 29, 2016 at CL&P Blog
Law prof John Brooks has written Student Loans As Taxes. Here is the abstract: The growth of college tuition and the corresponding rise in student loan debt have become major issues of public importance. Total outstanding student debt is at... Continue reading
Posted Jul 29, 2016 at CL&P Blog
Law prof Margot Pollans has written Drinking Water Protection and Agricultural Exceptionalism, which you may want to read in light of the water crisis in Flint. Here's the abstract: Providing safe drinking water is a basic responsibility of government. The... Continue reading
Posted Jul 28, 2016 at CL&P Blog
The Consumer Financial Protection Bureau (CFPB) today proposed new debt-collection regulations described by the agency here. The agency's press release summarizes the proposal's key provisions this way: Collect the correct debt: Collectors would have to scrub their files and substantiate... Continue reading
Posted Jul 28, 2016 at CL&P Blog