ContractsProf Blog

Editor: Myanna Dellinger
University of South Dakota School of Law

Monday, September 22, 2014

More Than You Needed to Know Symposium: The Next Five

This week we will continue our virtual symposium on the new book by Omri Ben-Shahar and Carl E. SchneiderMore Than You Wanted to Know: The Failure of Mandated Disclosure.  

Last week we had six contributions:

Aditi Bagchi, Curiosity Makes the Cat

Steven Burton, Skepticism about Nondisclosure

Ryan Calo, Disclosure Is Dead, Long Live Disclosure!

Robert Hillman

Ethan Leib, Is Omri Ben-Shahar a Duncan Kennedy in Disguise?

Lauren Willis, More than You Wanted to Know: The Good, The Bad, and The Ugly 

This week, the symposium will include contributions by the contracts law scholars introduced below:

Nancy_kimNancy Kim is the ProFlowers Distinguished Professor of Internet Studies and Professor of Law at the California Western School of Law and also a Visiting Professor at the Rady School of Management at the University of California, San Diego.  Prior to joining the faculty at California Western in 2004, Professor Kim was Vice President of Business and Legal Affairs of a multinational software and services company. She has worked in business and legal capacities for several Bay Area technology companies and was an associate in the corporate law departments at Heller, Ehrman, White & McAuliffe in San Francisco and Gunderson, Dettmer in Menlo Park.

Professor Kim currently serves as Chair of the section on Contracts and as a member of the executive committee of the section on Commercial and Related Consumer Law of the American Association of Law Schools. She is a contributing editor to the ContractsProf Blog, the official blog for the AALS Section on Contracts. Her scholarly interests focus on culture and the law, contracts, women and the law, and technology. She is the author of WRAP CONTRACTS: FOUNDATIONS AND RAMIFICATIONS (Oxford University Press, 2013) which examines how contracts control consumer behavior, especially online, and what this means for society. Professor Kim is an elected member of the American Law Institute.

Some of her scholarly papers can be found on SSRN here.

Marotta-WurglerFlorencia Marotta-Wurgler is a professor of law at New York University School of Law. Her teaching and research interests are contracts, consumer privacy, electronic commerce, and law and economics. Her published research has addressed various problems associated with standard form contract online, such as the effectiveness of disclosure regimes, delayed presentation of terms, and whether people read the fine print. Her current projects focus on empirical analyses on consumer privacy policies online. Professor Marotta-Wurgler has testified before the U.S. Senate Committee on Commerce, Science, and Transportation and is an associate reporter of the American Law Institute's Third Restatement of the Law of Consumer Contracts.

Some of her scholarly papers can be found here.

Schwarcz.DanielDaniel Schwarcz is an Associate Professor of Law and the Solly Robins Distinguished Research Fellow at the University of Minnesota Law School.  Professor Schwarcz's research primarily focuses on consumer protection and regulation in property/casualty and health insurance markets. His articles have been published, or accepted for publication, in the University of Chicago Law ReviewVirginia Law ReviewMinnesota Law ReviewNorth Carolina Law ReviewWilliam and Mary Law Review, and Tulane Law Review. Additionally, he is the editor of a book entitled, The Law and Economics of Insurance and recently joined the casebook, Abraham's Insurance Law and Regulation, which has been used as the principal text in courses on insurance law in more than 100 American law schools. In 2011, his article, "Reevaluating Standardized Insurance Policies," received the Liberty Mutual Prize for an exceptional article on insurance law and regulation.

Professor Schwarcz teaches insurance law, health care regulation and finance, contract law, and commercial law. He was named the Stanley V. Kinyon Overall Teacher of the Year for 2011-2012 and the Stanley V. Kinyon Tenure-Track Teacher of the Year for 2007-2008. Additionally, he serves as a Funded Consumer Representative to the National Association of Insurance Commissioners and has served as an expert witness in multiple insurance-related disputes.

Links to Professor Schwarcz's academic papers can be found on SSRN here.

SovernJeff Sovern is a Professor of Law at St. John’s University in New York City where he teaches Consumer Protection, among other subjects.  The New York Times has called him "an expert in consumer law," a statement echoed by the Chicago Tribune, and Mother Jones.  He is a co-coordinator of the Consumer Law and Policy Blog, and the co-editor of the Consumer Law Abstracts Journal for the Social Science Research Network. He co-authored a casebook titled Consumer Law: Cases and Materials (4d ed. 2013 West) with Professors John A. Spanogle, Ralph J. Rohner, Dee Pridgen, and Christopher Peterson, with whom he also co-edited Selected Consumer Statutes(2007, 2009, 2011, and 2013 editions).  He has published numerous op-eds, including in The New York Times (here and here). He has authored many law review articles on consumer law issues, one of which was listed in Martha Minow’s Archetypal Legal Scholarship: A Field Guide, 63 J. Legal Education 65 (2013) as an example of archetypal policy analysis. The American Council on Consumer Interests awarded Professor Sovern the Russell A. Dixon Prize in 2002 and the 2010 Applied Consumer Economics Award. Sovern has also spoken at many conferences. His full bio can be found here. 

Vladeck-david_1David C. Vladeck is a Professor of Law at Georgetown University Law Center, where he teaches federal courts, civil procedure, administrative law, and a seminar on First Amendment litigation. Professor Vladeck recently returned to the law school after serving for nearly four years as the Director of the Federal Trade Commission’s Bureau of Consumer Protection. At the FTC, he supervised the Bureau’s more than 430 lawyers, investigators, paralegals and support staff in carrying out the Bureau’s work to protect consumers from unfair, deceptive or fraudulent practices. Before joining the law school faculty full-time in 2002, Professor Vladeck spent over 25 years with Public Citizen Litigation Group, a nationally-prominent public interest law firm, handling and supervising a complex litigation. He has briefed and argued a number of cases before the U.S. Supreme Court and more than sixty cases before federal courts of appeal and state courts of last resort. He is a Senior Fellow of the Administrative Conference of the United States, and an elected member of the American Law Institute. He also serves on the boards of the Natural Resources Defense Council and the National Consumers Law Center. Professor Vladeck frequently testifies before Congress and writes on administrative law, preemption, First Amendment, and access to justice issues.

A list of Professor Vladeck's publications can be found here.

At the end of the week, our authors will return to respond to their critics, and there may be some surprise appearances by others as well, so stay tuned!

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