Directories

High-res image

James P. Nehf Associate Dean for Graduate Studies Professor of Law Cleon H. Foust Fellow John S. Grimes Fellow Indiana University Robert H. McKinney School of Law Lawrence W. Inlow Hall, Room 341 530 W. New York Street Indianapolis, IN 46202-3225 Phone: (317) 274-8077 Fax: (317) 278-3326 E-Mail: jnehf@iupui.edu SSRN

Education

B.A., 1979, Knox College
J.D., 1983, University of North Carolina

Courses

Contracts; consumer law, European community law, commercial law

Bio

James P. Nehf has been teaching contracts, consumer law, and commercial law subjects for more than twenty years. He is an internationally recognized expert in consumer privacy and financial services law and serves as an executive board member of the International Consumer Law Association, a global society of consumer law scholars. He has won numerous teaching awards and has been a frequent speaker at law conferences, CLE seminars, and law-related lecture series. Professor Nehf was the inaugural director of the law school's European Law Program and has held several university administrative positions, including a term as interim director of the Indiana University Center on Southeast Asia. He currently serves as Associate Dean for Graduate Studies, which oversees the law school’s LL.M. and S.J.D. degrees.

Professor Nehf’s publications include several chapters in a leading commercial law treatise, Secured Transactions Under the Uniform Commercial Code, an updated and revised edition of Corbin on Contracts, a forthcoming book on privacy law, Open Book: The Failed Promise of Information Privacy in America, and numerous other book chapters and articles on commercial law, consumer finance, privacy law, low-income consumer transactions, and international/comparative law subjects. He currently serves as co-chair of the consumer law working group in the Cyberspace Committee of the American Bar Association (Business Law Section) and on the editorial board for the Markets and Law Series at Ashgate Publishing.

Professor Nehf graduated first in his law school class, served as editor-in-chief of the North Carolina Law Review, and was elected to Order of the Coif. After law school, he served as a law clerk for the Honorable Phyllis A. Kravitch of the United States Court of Appeals for the Eleventh Circuit and entered private practice with O'Melveny & Myers in Washington, D.C. Before joining the faculty in 1989, he was a partner in the Washington firm of Choate, Filler, & Nehf, specializing in commercial and consumer litigation. In recent years, Professor Nehf has taught as a visiting professor at Wake Forest University, Mercer University, and the University of Georgia.

Publications

(SSRN: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=55981)
 

Books and Chapters

Authored books:

SECURED TRANSACTIONS UNDER THE UNIFORM COMMERCIAL CODE (Author and Editor-in-Chief, Lexis-Nexis/Matthew Bender, 2012--present)

OPEN BOOK--THE FAILED PROMISE OF INFORMATION PRIVACY IN AMERICA (2012)

CORBIN ON CONTRACTS--IMPOSSIBILITY, vol. 14 (rev. 2001, Joseph Perillo, ed.)

Edited books:

THE FUTURE OF CONSUMER CREDIT REGULATION: CREATIVE APPROACHES TO EMERGING PROBLEMS (M. Kelly-Louw, J. Nehf, P. Rott, eds., 2008)

Book chapters:

Preventing Another Financial Crisis: The Critical Role of Consumer Protection Laws, in THE GLOBAL FINANCIAL CRISIS AND THE NEED FOR CONSUMER CREDIT REGULATION (C. Lima Marques, et al., eds., 2012)

Statutory Lien Priorities, in SECURED TRANSACTIONS UNDER THE UNIFORM COMMERCIAL CODE, ch. 7FF (James Nehf, Ed., 2012)

Guaranties in Secured Transactions, in SECURED TRANSACTIONS UNDER THE UNIFORM COMMERCIAL CODE, ch. 8A (J. McDonnell, ed., 2011)

Informal Dispute Settlement Procedures and Administrative Remedies in Consumer Cases, in COMMERCIAL AND CONSUMER WARRANTIES: DRAFTING, PERFORMING, AND LITIGATING, ch. 18 (J. McDonnell, ed., 2010)(co-author)

Regulation of Security Interests in Consumer Assets, in SECURED TRANSACTIONS UNDER THE UNIFORM COMMERCIAL CODE, ch. 20 (J. McDonnell, ed., 2010) (co-author)

Security Interests in Manufactured Homes, in SECURED TRANSACTIONS UNDER THE UNIFORM COMMERCIAL CODE, ch. 18A (J. B. McDonnell, ed., 2009)

*Credit Alternatives and Micro-Lending in American Immigrant Communities, in THE FUTURE OF CONSUMER CREDIT REGULATION: CREATIVE APPROACHES TO EMERGING PROBLEMS, ch. 7 (M. Kelly-Louw, J. Nehf, P. Rott, eds., 2008)

Principles of Consumer Protection in the North American Free Trade Agreement, in REGIONAL ECONOMIC INTEGRATION AND CONSUMER PROTECTION (T. Bourgoignie, ed., 2008), reprinted in CONSUMER PROTECTION: DIVERGING PERSPECTIVES, ch. 5 (G. Radhika, ed. 2008)

Misleading and Unfair Advertising, in HANDBOOK OF RESEARCH ON INTERNATIONAL CONSUMER LAW, ch. 5 (G. Howells, et al., eds., 2008)

Second Lien Financing, in SECURED TRANSACTIONS UNDER THE UNIFORM COMMERCIAL CODE, ch. 35 (J. B. McDonnell, ed., 2008)

*The Limits of Cost-Benefit Analysis in the Development of Database Privacy Legislation, in RISK AND CHOICE IN CONSUMER SOCIETY 143 (I. Ramsay, et al., eds. 2007); reprinted in DATA PROTECTION AND LAW (N. Sudarshan, ed., 2008)(in press)

Marshaling Assets, in SECURED TRANSACTIONS UNDER THE UNIFORM COMMERCIAL CODE, ch. 7H (J.B. McDonnell, ed. 2007)

Consumer Credit and the Fringe Banking Industry, in SECURED TRANSACTIONS UNDER THE UNIFORM COMMERCIAL CODE, ch. 20A (J.B. McDonnell, ed. 2005)

Bad Faith Breach of Contract in Consumer Transactions, in GOOD FAITH IN CONTRACT: CONCEPT AND CONTEXT, ch.6 (R. Brownsword, et al., eds. 1999).

Enforcement of Consumer Rights in the U.S. and Canada, in CONSUMER PROTECTION IN THE WTO ERA 85 (S. Rachagan, ed., 1999).


Law Review and Journal Articles

The FTC’s Proposed Framework for Privacy Protection Online: A Move Toward Substantive Controls or More Notice and Choice, 37 WM. MITCHELL L. REV. 1727 (2011)

*Shopping for Privacy on the Internet, 41 J. CONS. AFFAIRS 351-65 (2007)

*Shopping for Privacy Online: Consumer Decision Making Strategies and the Emerging Market for Information Privacy, 2005 U. Ill. J. L. TECH. & POL’Y 1-54

Incomparability and the Passive Virtues of Ad-Hoc Privacy Policy, 76 U. COLO. L. REV. 1-56 (2005)

Recognizing the Societal Value in Information Privacy, 78 WASH. L. REV. 1-92 (2003).

*Limiting Identity Theft in an E-Commerce World: Electronic Signature Legislation and the Cyber-Fraud Industry, 8 N.Z. BUS. L. Q. 377-94 (2002).

Consumer Transactions - Movement Toward a More Progressive Approach, 34 IND. L. REV. 599-614 (2001).

Contract Damages As a Substitute for Performance, 32 IND. L. REV. 765-88 (1999).

Writing Contracts in the Client’s Interest, 51 S.C.L. REV. 153-182 (1999).

*Reconsidering the Advertising and Marketing Aspects of the Tobacco Settlement, 7 CONS. L. J. 281-310 (1999).

*Consumer Policy in Latvia, 18 J. CONS. POL'Y 317-50 (1995).

Textualism in the Lower Courts: Lessons from Judges Interpreting Consumer Legislation, 26 RUTGERS L. J. 1-101 (1994).

Concept Paper: Consumer Protection Laws in Bulgaria, 5 PACE INT'L L. REV. 25-55 (1993) (co-author)

Empowering the Russian Consumer in a Market Economy, 14 MICH. J. INT'L L. 739-827 (1993).

A Legislative Framework for Reducing Fraud in the Credit Repair Industry, 70 N.C.L. REV. 781-821 (1992).

Effective Regulation of Rent-to-Own Contracts, 52 OHIO ST. L. J. 751-845 (1991).

Survey of Developments in North Carolina Law--Criminal Procedure, 60 N.C. L. Rev. 1302 (1982) (co-author).

Adverse Marital Testimony in North Carolina Criminal Actions--Can Spousal Testimony Be Compelled?, N.C. L. Rev. 874 (1982).


Essays and Reports

Consumer Credit Regulation and International Financial Markets: Lessons from the Mortgage Meltdown, in Centro de Estudios de Estado y Sociedad (2011)

EU Consumer Rights Directive: Getting It Right, vol. II: Evidence 182 (House of Lords, European Union Committee 2009)

Direct Marketing, Mobile Phones and Consumer Privacy, 60 Fed. Comm. L. J.F. 53 (2008)

Protecting the Privacy of Consumer Telephone Records, in THE YEARBOOK OF CONSUMER LAW 2008 397 (C. Twigg-Flesner, et al., eds. 2007)

Fair Credit Reporting Act, in ENCYCLOPEDIA OF PRIVACY 211 (William C. Staples, ed. 2007).

Banking and Financial Records, in ENCYCLOPEDIA OF PRIVACY 38 (William C. Staples, ed. 2007).

Credit Rating, in ENCYCLOPEDIA OF PRIVACY 138 (William C. Staples, ed. 2007).

Privacy of Medical Information: Federal Court Quashes Justice Department Subpoena for Hospital Abortion Records, International Association of Consumer Law/Association Internationale de Droit de la Consommation, Newsletter (New Series) 1:2 March 2004

Tail Wagging the Dog: State Privacy Initiatives Push Washington on FCRA Reforms, International Association of Consumer Law/Association Internationale de Droit de la Consommation, Newsletter (New Series) 1:1 October 2003

Who’s the Next Victim? Legislating Privacy in the "Public Interest", 8 CONS. & PERSONAL RIGHTS LITIG. 11 (Summer 2002).

National Bank Reform and Consumer Privacy, 7 CONS. L. J. 551 (2000).

FTC Steps Up Efforts to Combat Identity Theft, 8 CONS. L. J. 211 (2000).

FTC Addresses Telemarketing and Financial Privacy Issues, 8 CONS. L. J. 84 (2000).

Electronic Notices, Records and Signatures, 7 CONS. L. J. 548 (2000)

States Move to Criminalize "Identity Theft", 7 CONS. L. J. 363 (1999).

RICO Enhances Consumer Remedies for Insurance Fraud, 7 CONS. L.J. 256 (1999).

Federal and State Scrutiny of Credit Repair Identity Scams, 7 CONS. L.J. 138 (1999).

Payday Lenders Under Attack: The Loophole Tightens, 7 CONS. L.J. 138 (1999).

Tort Reform Gaining Momentum, 7 CONS. L. J. 363 (1999).

Victories for Tobacco, 6 CONS. L.J. 399 (1998).

TILA Amendment in the Courts, 6 CONS. L.J. 278 (1998).

Consumer Privacy, FTC Charges Against National Credit Bureaus, 6 CONS. L.J. 413 (1998).

The Illegality of Recorded Phone Solicitations, 5 CONS. L.J. CS11 (1997).

Fair Credit Reporting Act Amendments, 5 CONS. L.J. CS31 (1997).

Financial Services and Commercial Credit--Federal Preemption, 4 CONS. L.J. CS59 (1996).

Lawyering in the Baltic Nations: Demonstrators Creating Democracy, IU LAW - INDIANAPOLIS (Fall 1993).

Developing a Commercial Code in the Baltic Republics (Hudson Inst., 1991).


Book Reviews

Modernising and Harmonising Consumer Contract Law, EUR. J.L. REFORM (2009)

*Fair Trading Law: The Unfair Commercial Practices Directive, 9 EUR. J. L. REFORM 147 (2007)

*European Fair Trading Law: The Unfair Commercial Practices Directive, 35 INT'L J. LEGAL INFO. 305 (2007)

Borderless Trade and the Consumer Interest: Protecting the Consumer in the Age of E-Commerce, 38 COLUMBIA JOURNAL OF TRANSNATIONAL LAW 457 (1999).

Consumer Protection Law in India: An Eco-Legal Treatise, 24 N.Y.U. JOURNAL OF INT'L LAW & POLICY 1297 (1992).


Other Publications

Article 9 Secured Transactions: Recent Developments,UCC AND COMMERCIAL TRANSACTIONS (Ind. Cont. L. Educ. F. 2012)

Drafting the Basic Elements, CONTRACT DRAFTING (Ind. Cont. L. Educ. F., March 2007 and May 2003).

Consumer Transactions, 2001 INDIANA LAW UPDATE, (Ind. Cont. L. Educ. F., September 2001).

Consumer Transactions, 2000 INDIANA LAW UPDATE, (Ind. Cont. L. Educ. F., September 2000).

Limiting Uncertainty in Contract Drafting, CONTRACT DRAFTING: METHOD, MANNER AND FORM (Ind. Cont. L. Educ. F., March 1999).

Full Compensation from the Breaching Party, THE UNBREAKABLE CONTRACT: MYTH AND REALITY (Ind. Cont. L. Educ. F., August 1994).

An Academic Perspective on UCC Article 2A, THE EVOLVING COMMERCIAL LAW IN INDIANA ( Ind. Cont. L. Educ. F., February 1992).

Emerging Contract Issues Under the UCC, THE UNBREAKABLE CONTRACT: MYTH AND REALITY (Ind. Cont. L. Educ. F., August 1994).