After an unexpectedly slow start, the Trump Administration's deregulatory push finally gained momentum in late 2017. In the field of student lending, this slowdown affected the Department of Education (DOE), the Consumer Financial Protection Bureau (CFPB), and the Department of Justice (DOJ)....

When the Supreme Court (“Court”) handed down its opinions in AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011), the majority's holding engendered breathless (at least in legal terms) headlines. Clearly, without a smidgen of doubt on the part of arbitration's opponents and proponents, five...

With debts rising faster than new graduates' starting salaries, a student debt crisis has the potential to haunt the nation much in the way the mortgage crisis did ten years ago. Beginning in 2016, a new mood dampened the federal bureaucracy's regulatory pace. The DOE, led by Secretary Elisabeth...

Since 1978, dismissals of involuntary bankruptcy petitions due to petitioning creditors' bad faith have proliferated. In the process, a textual oddity has not gone unnoticed: even as “bad faith” is denominated as the basis for an award of punitive damages, nowhere in the Bankruptcy Code's...

An exploration of the raison d'être of Islamic Finance and the justification afforded to demonstrate its validity. Additionally the paper delves into the phenomenon that is Sukuk and examines its modus operandi from a Shariah compliance standpoint

Commentators and lawmakers have called attention to the rising frequency of contractual arbitration as a non-negotiable condition of many relationships. Indeed, it is a rare individual who is not subject to at least one pre-dispute, binding arbitration agreement. This Article studies common...

The protection afforded to franchisees differs widely across the world. Nations with economically strong franchise sectors typically regulate the contract’s bargaining phase and post-formation. Responding to the European Parliament’s call for a review of regulations governing Europe’s...

New Zealand lawyers are dealing increasingly with Japan, and with its big corporations. This article discusses points of interest which arise, e.g. Cross-cultural overview, the status of the merchant, the development and use of law, Japanese strength of tradition and how Japan and its business...