Holder in Due Course in Consumer Transactions: Requiem, Revival, or Reformation?

No area of consumer protection has produced as much near religious ferment in recent years as that collection of rules which insulate third party financers from product-related claims or defenses of consumer purchasers. Courts, legislatures, agencies, commissions, and commentators 6 have assailed the holder in due course idea from all directions, so far as its application in consumer transactions is concerned. The cloud of rhetoric thus raised has tended to obscure the complexity of the subject, state only imperfectly the significant considerations, and oversimplify the appropriate legal responses. Moreover, the focus of much of this recent discussion has been on traditional notions of holder in due course. There are now important new developments in the form of the recommendations of the National Commission on Consumer Finance, a completely redrafted 1974 Uniform Consumer Credit Code, a new Model Consumer Credit Act drafted by the National Consumer Law Center, the possibly imminent promulgation of a holder in due course Trade Regulation Rule by the Federal Trade Commission, and, most recently, the enactment of a federal statute limiting holder in due course application in credit card transactions.This Article takes up the changing shape of the holder in due course controversy and outlines grounds for consensus as to future legislative policy

Jurimetrics, No!

As the twentieth century ends, we hear recounted the story of the law revolution that began in the 1960\u27s and reached its fulfillment with the constitutional amendment that replaced the Supreme Court with nine outstanding JUDIVACs, who formed the High-Voltage Bench. Little-known details of these momentous events are explained

Crucible of Talent: 60 Years of the Catholic University Law Review

An article appearing in the Winter 2011 CUA Lawyer celebrating the achievements of the Catholic University Law Review over the past 60 years

Multiple Sources of Consumer Law and Enforcement (or: \u27Still in Search of a Uniform Policy\u27)

In 1972 the National Commission on Consumer Finance surveyed and made recommendations for improving the legal and marketplace environments for consumer credit. Twenty years later, industry, consumer groups, government agencies, and the national and state legislatures are still groping for a coherent approach to the regulation of consumer credit. It is time for another national commission, or similar group, to make an objective and informed assessment of appropriately uniform policy for consumer financial services, and to craft a blueprint for future developments

In Memoriam: Steven P. Frankino

A dedication to former Dean Steven P. Frankino appearing in 55 Cath. U. L. Rev. 1 (2005)

The 50th Anniversary of the Catholic University Law Review

This is an essay, not a history, on the first fifty years of the Catholic University Law Review. When an enterprise survives that long, it is cause for acknowledgment and celebration. This seems especially appropriate for the Law Review when we consider that it is managed by amateurs, relies on volunteer labor, and changes leadership every year; yet, it has grown and matured into a respectable scholarly journal. There is reason to wonder from where the Law Review has come, what it has accomplished, and how and where it is going. There is reason, too, to reminisce over half a century about the people and events along the way