James P. Nehf

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 and policy makers. 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 Associate Dean for Graduate Studies at the law school and as interim director of the Indiana University Center on Southeast Asia.

Professor Nehf’s publications include several chapters in a leading commercial law treatise, Secured Transactions Under the Uniform Commercial Code (where he now serves as principal author and editor), an updated and revised edition of Corbin on Contracts—The Impossibility Doctrine, a 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 subcommittee 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 worked 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.  Professor Nehf has also 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)
  • CORBIN ON CONTRACTS--IMPOSSIBILITY, vol. 14 (rev. 2001, Joseph Perillo, ed.)
  • OPEN BOOK--THE FAILED PROMISE OF INFORMATION PRIVACY IN AMERICA (2012)
  • Edited books ****
  • THE FUTURE OF CONSUMER CREDIT REGULATION: CREATIVE APPROACHES TO EMERGING PROBLEMS (M. Kelly-Louw, J. Nehf, P. Rott, eds., 2008)
  • Book chapters ****
  • UCC Insurance, in SECURED TRANSACTIONS UNDER THE UNIFORM COMMERCIAL CODE, ch. 6F (James Nehf, ed., 2014)
  • Privacy and Consumer Issues, in RFIDs, NEAR-FIELD COMMUNICATIONS AND MOBILE PAYMENTS, ch. 11 (Sarah Jane Hughes, et al., eds.)(2013)
  • Security Interests in Aircraft, Rolling Stock and Vessels, ch. 18A, in SECURED TRANSACTIONS UNDER THE UNIFORM COMMERCIAL CODE (James Nehf, ed., 2013)
  • Statutory Lien Priorities, in SECURED TRANSACTIONS UNDER THE UNIFORM COMMERCIAL CODE, ch. 7FF (James Nehf, ed., 2012)
  • 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)
  • 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).
  • *Reconsidering the Advertising and Marketing Aspects of the Tobacco Settlement, 7 CONS. L. J. 281-310 (1999).
  • Writing Contracts in the Client’s Interest, 51 S.C.L. REV. 153-182 (1999).
  • Contract Damages As a Substitute for Performance, 32 IND. L. REV. 765-88 (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).
  • Empowering the Russian Consumer in a Market Economy, 14 MICH. J. INT'L L. 739-827 (1993).
  • Concept Paper: Consumer Protection Laws in Bulgaria, 5 PACE INT'L L. REV. 25-55 (1993) (co-author)
  • 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).
  • Adverse Marital Testimony in North Carolina Criminal Actions--Can Spousal Testimony Be Compelled?, N.C. L. Rev. 874 (1982).
  • Survey of Developments in North Carolina Law--Criminal Procedure, 60 N.C. L. Rev. 1302 (1982) (co-author).

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)
  • Credit Rating, in ENCYCLOPEDIA OF PRIVACY 138 (William C. Staples, ed. 2007).
  • Banking and Financial Records, in ENCYCLOPEDIA OF PRIVACY 38 (William C. Staples, ed. 2007).
  • Fair Credit Reporting Act, in ENCYCLOPEDIA OF PRIVACY 211 (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).
  • 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)
  • National Bank Reform and Consumer Privacy, 7 CONS. L. J. 551 (2000).
  • Tort Reform Gaining Momentum, 7 CONS. L. J. 363 (1999).
  • 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).
  • Victories for Tobacco, 6 CONS. L.J. 399 (1998).
  • Consumer Privacy, FTC Charges Against National Credit Bureaus, 6 CONS. L.J. 413 (1998).
  • TILA Amendment in the Courts, 6 CONS. L.J. 278 (1998).
  • Fair Credit Reporting Act Amendments, 5 CONS. L.J. CS31 (1997).
  • The Illegality of Recorded Phone Solicitations, 5 CONS. L.J. CS11 (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).
  • Emerging Contract Issues Under the UCC, THE UNBREAKABLE CONTRACT: MYTH AND REALITY (Ind. Cont. L. Educ. F., August 1994).
  • 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).

Presentations

  • "Consumer Law as a Bridge in a Global Legal System," Southeastern Association of Law Schools (SEALS), Hilton Head, SC, July 2011
  • "Paying for the Internet: Implications of the FTC's New Privacy Framework," International Association of Consumer Law, Brunel University, June 2011
  • "Preventing Another Financial Crisis: Reform in U.S. Consumer Credit Markets," CEDES Seminario International de Dereito do Consumidor ,São Paulo, November 2010
  • "Unintended Consequences: How the Weakening of U.S. Consumer Laws Rocked World Financial Markets," International Law Association, Rio de Janeiro, August 2008
  • “A Consumer Critique of Laws Related to Data Privacy Breaches,” ABA Section of Business Law, Spring Meeting, Dallas, April 2008
  • General Reporter (NAFTA), Regional Economic Integration and Consumer Protection in the Americas and in Europe, University of Quebec at Montreal, October 2007
  • "Marketplace Justice for American Immigrants," 11th International Conference of Consumer Law, University of South Africa, April 2007
  • "Managing Risk Through Notice and Choice in an RFID World," University of Richmond, March 2007
  • "Drafting the Basic Elements," ICLEF seminar, Indianapolis, March 2007
  • “Privacy in the Information Age: Databases, Digital Dossiers, and Surveillance,” Santa Clara University School of Law, San Jose, CA, January 2006
  • “Identity Theft: Risks, Prevention and Cure,” ORALL Annual Conference, Indianapolis, October 2005.
  • “Shopping for Privacy Online: How Consumer Decision Making Strategies Affect the Market for Information Privacy,” 10th International Consumer Law Conference, Lima, Peru, May 2005
  • “RFID Technology and Protection of Consumer Privacy,” Harvard Journal of Law and Technology Seminar, Cambridge, MA, April 2005
  • “Teaching Consumer Law—What Works and What Doesn’t,” University of Houston, Center for Consumer Law, April 2004
  • “Words Matter: Lessons in Contract Drafting from Landmark Cases,” Mercer University, February 2004
  • “Consumer Choice and Risk in Cyberspace,” 9th International Consumer Law Conference, Athens, Greece, April 2003
  • “Consumer Law in a Global Community,” University of Houston, Center for Consumer Law, April 2002
  • “The Cookie Crumbles: Identifying the Consumer Interest in the Internet Age,” Inaugural Cleon H. Foust Lecture, IU School of Law – Indianapolis, November 2001
  • “E-Signature Legislation and Identity Fraud,” 8th International Consumer Law Conference, Auckland, New Zealand, April 2001
  • “The Realities of Globalization,” Great Decisions Program, Indianapolis, February 2001
  • “The Advertising and Marketing Components of the Attorney General Tobacco Settlement,” 7th International Consumer Law Conference, Helsinki, May 1999
  • “Negotiating Global Transactions in Latin America,” Indiana Global Business Conference, Eli Lilly Center, Indianapolis, December 1998
  • Panelist, Federalist Society program on "Freedom, Government Accountability, and the Future of Municipal Regulation," Indianapolis, December 1994
  • "Expectations for Faculty in U.S. Higher Education: Roles and Rewards,” USIA-sponsored seminar for foreign educators, Indianapolis, January 1994
  • “Consumer Protection in the Baltic States,” Terra Baltica Conference (Association for the Advancement of Baltic Studies), University of Toronto, Summer 1992
  • Speaker, Indiana Continuing Legal Education Forum, Indianapolis (numerous CLE presentations on consumer, contract and commercial law subjects), 1992-present
  • “Commercial Law Reform in Transition Economies,” IBEC conferences in Riga, Latvia, June-July 1991, and Indianapolis, October 1991

Other Activities

  • Co-chair, Consumer Law Subcommittee, ABA Section on Business Law, Cyberspace Committee
  • Expert Commentator, Lexis-Nexis, Commercial and Consumer Law
  • Executive Board, International Association of Consumer Law
  • Editorial Board, Markets and Law Series, Ashgate Publishing
  • Legal Counsel, Streamlined Sales Tax Governing Board
  • Member of the Bar: Indiana (active), Georgia (active), District of Columbia (inactive)
  • Lecturer, BarBri Bar Review
  • Roy W. LeClere Trophy recipient (Associated Colleges of the Midwest) [Midwest Conference]
  • Hunter Trophy recipient (Knox College)
  • Knox College Athletic Hall of Fame (2012 inductee)
  • Bryant Anderson Award recipient (Lake Park H.S.)



 *Refereed