In recent years, some Canadian politicians and powerful interest groups have issued increasingly vocal calls for dramatic regulatory interventions into the country's payment cards system. In particular, they have called for a "hard cap" price-controls on interchange fees, a ban on contractual...

This article is the edited transcript of remarks provided in November 2013 on the occasion of the 40th Anniversary of the George Mason Law and Economics Center and the 10th Anniversary of the founding of the George Mason Journal of Law, Economics & Policy. The title of the conference was “The...

Behavioral Law & Economics (BLE) has loudly proclaimed its victory over traditional law & economics methodologies. Nowhere has this proclamation been so loud or self-certain as with respect to claims about consumer financial decision-making. Drawing on a set of casual observations styled as...

The Consumer Financial Protection Bureau (CFPB) is considering new regulation of payday lending and bank overdraft protection. The Dodd-Frank Act, which established the CFPB, recognizes that consumers benefit from competition among providers of consumer credit products. That law requires the...

Over the past 20 years the consumer payments system has been transformed as electronic payments such as debit and credit cards have rapidly displaced legacy payment systems, especially checks. At the same time, this growth in the use of electronic payments has triggered increasing government...

This essay reviews the origins and development of the debate over the “efficiency of the common law hypothesis.” The essay begins with the earliest explanation for the observed tendency of the common law as proffered by Richard Posner. It then examines the Rubin-Priest and contemporary...