Course Catalog

Advanced Consumer Protection Course / Seminar (2 / 3)

ADVANCED CONSUMER PROTECTION COURSE/SEMINAR, SPRING, 2015

Students can take this as a course (2 credits) or seminar (3 credits).

This course examines the relationship between Rule 23 class actions, the Federal Arbitration Act, and the heightened focus in recent years by the Supreme Court and Congress on limiting the class action mechanism. The course will also examine the related phenomenon of federal preemption in the context of state consumer protection law.

Increasingly, employment, consumer, and even medical services contracts contain forced arbitration clauses which are invoked by defendants when they are sued in courts for breach of contract, negligence, fraud or violations of consumer protection statutes. Similarly, federal preemption is often invoked to avoid liability for violation of state consumer protection laws. The effect of forced arbitration clauses and federal preemption is to discourage litigation, and to prevent cases from getting to trial. Given that preemption and forced arbitration are ever present threats to the enforcement of legislatively enacted consumer protection measures, the subject matter of this course is important to anyone who may practice in the area.

Students signed up for the spring semester, 2015 General Practice Clinic: Consumer Protection are required to take this course unless they took the Consumer Protection Law Course/Seminar, in Fall 2014 or unless excused by Professor Millemann.

Note: The name of this course will soon be changed to Advanced Topics in Consumer Law: Class Actions, Arbitration and Preemption.

Current & Previous Instructors:
Peter Holland;

318 (CRN: )       Credits: 3 cr sem
    Holland.
    Spring, 2015 (Day).
    Wed: 9:50-11:50  
    Room 307.
    
318 (CRN: )       Credits: 2 cr crse
    Holland.
    Spring, 2015 (Day).
    Wed: 9:50-11:50  
    Room 307.
    


Key to Codes in Course Descriptions
P: Prerequisite
C: Prerequisite or Concurrent Requirement
R: Recommended Prior or Concurrent Course

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500 W. Baltimore Street, Baltimore, MD 21201-1786 PHONE: (410) 706-7214 FAX: (410) 706-4045 / TDD: (410) 706-7714

Copyright © 2014, University of Maryland Francis King Carey School of Law. All Rights Reserved