Volume 58, Issue 1
Jean Braucher Symposium
Jean Braucher’s Contracts World View
The goal of this paper is to describe Jean Braucher’s (hereinafter Jean’s) views about contract law and the behavior to which it purports to apply, as revealed by her published…
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Examination as a Method of Consumer Protection
Lack of compliance with consumer protection law has been a crucial problem in the field for as long as such law has existed. The Consumer Financial Protection Bureau (“CFPB”) has…
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Survival in the Face of Scarcity: The Undocumented Immigrant Experience
In this Article, I attempt to build an empathy bridge between readers and a group of undocumented immigrants living in the American southwest, applying original qualitative research to scarcity theory.…
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Financial Scarcity and Financial Decision-Making
People who are financially strapped make astonishingly bad financial decisions. Politicians and mainstream economic theorists assume that most people, including bankruptcy debtors, use a rational financial decision-making process that includes…
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Braucher’s Business: Foreseeing Relational Contract Bankruptcy
Jean Braucher was a leading scholar of contract and consumer bankruptcy law. Although she did not devote substantial energy to corporate bankruptcy, an important but comparatively under-cited 1994 paper, Bankruptcy…
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The Secession of the Successful: The Rise of Amazon as Private Global Consumer Protection Regulator
In 2005, the Americans for Fair Electronic Commerce Transactions (“AFFECT”) coalition issued a list of 12 principles it hoped would contribute to a new consensus about what constitutes fairness in…
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Remedy Realities in Business-to-Consumer Contracting
Professor Jean Braucher greatly contributed to the exploration of consumer and contract law by questioning how the law operates in the real world and highlighting the importance of “law in…
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