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 thirty years. He is an internationally recognized expert in secured transactions, consumer privacy and financial services law and serves as President of the International Association of Consumer Law (IACL), 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 director of the Indiana University Center on Southeast Asia.
Professor Nehf’s publications include a leading multi-volume commercial law treatise, Secured Transactions Under the Uniform Commercial Code (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 book chapters and articles on commercial law, consumer finance, privacy law, low-income consumer transactions, and international/comparative law subjects. He currently serves 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****
- THE LAW OF SECURED TRANSACTIONS UNDER THE UNIFORM COMMERCIAL CODE (author and editor, LEXIS-NEXIS, 2025-present)
- SECURED TRANSACTIONS UNDER THE UNIFORM COMMERCIAL CODE (author and editor, LEXIS-NEXIS, 2012--present)
- PROBLEMS AND MATERIALS ON CONSUMER LAW (9th ed., Douglas Whaley and James Nehf, 2020)
- OPEN BOOK--THE FAILED PROMISE OF INFORMATION PRIVACY IN AMERICA (2012)
- 14 CORBIN ON CONTRACTS--IMPOSSIBILITY (2001 rev., 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)
- INNOVATION AND THE TRANSFORMATION OF CONSUMER LAW (Dan Wei, James Nehf, Claudia Lima-Marques, eds.)(2020)
- ****Book chapters****
- * Regulation of Unfair Terms in Consumer Contracts--An American Perspective, in CONSUMER PROTECTION IN ASIA, ch. 24 (G. Howells, H. Micklitz, et al., eds., 2022)
- * A Comparative Study of the Regulation of Unfair Terms in Asia, in CONSUMER PROTECTION IN ASIA, ch. 17 (G. Howells, H. Micklitz, et al., eds., 2022)
- Purchase Money Security Interests, 3 COMMERCIAL LAW AND PRACTICE GUIDE, ch. 36 (2020 rev.)
- Non-U.C.C. Recorded, Unrecorded and Hidden Security Interests Under Article 9 of the Uniform Commercial Code, 3 COMMERCIAL LAW AND PRACTICE GUIDE, ch. 41 (2020 rev.)
- Security Interests in Virtual Currencies, in SECURED TRANSACTIONS UNDER THE UNIFORM COMMERCIAL CODE, ch. 25B (J. Nehf, ed., 2020)
- Regulating Green Marketing Claims in the United States, SUSTAINABLE CONSUMPTION, ch. 12 (Amaral, et al., eds., 2019)
- Misleading and Unfair Advertising, ch. 5, in HANDBOOK OF RESEARCH ON INTERNATIONAL CONSUMER LAW (Geraint Howells, et al., eds., 2018).
- Consumer Credit Regulation and International Financial Markets: Lessons from the Mortgage Meltdown, CONSUMER LAW AND SOCIOECONOMIC DEVELOPMENT, ch. 11 (Claudia Lima Marques and Dan Wei, eds., 2017)
- Misleading and Unfair Advertising, in HANDBOOK OF RESEARCH ON INTERNATIONAL CONSUMER LAW, ch. 5 (G. Howells, et al., eds., 2008 and 2017 rev.)
- * Protecting Privacy With "Heightened" Notice and Choice, in RESEARCH HANDBOOK ON ELECTRONIC COMMERCE LAW (J. Rothchild, ed., 2016)
- Security Interests in Cyberassets: Domain Names and Websites, ch. 25A, in SECURED TRANSACTIONS UNDER THE UNIFORM COMMERCIAL CODE (J. Nehf, ed., LEXIS-NEXIS 2016).
- Security Interests in Timber and Minerals: Delicate Balance Between Real Estate Law and the Uniform Commercial Code, ch. 16A, SECURED TRANSACTIONS UNDER THE UNIFORM COMMERCIAL CODE (J. Nehf, ed., 2015)
- UCC Insurance, in SECURED TRANSACTIONS UNDER THE UNIFORM COMMERCIAL CODE, ch. 6F (J. Nehf, ed., 2014)
- Statutory Lien Priorities, in SECURED TRANSACTIONS UNDER THE UNIFORM COMMERCIAL CODE, ch. 7FF (J. 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)
- 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 (J. Nehf, ed., 2013)
- 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)
- 2 NY PRACTICE GUIDE: BUSINESS AND COMMERCIAL LAW, ch. 11 (Financing the Business)(Matthew Bender, 2009 rev.)
- 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)
- 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).
*Refereed
Law Review and Journal Articles
- Regulation of Unfair Terms in Consumer Contracts--An American Perspective, 26 Aomori Law and Political Science Review 18 (2025) (Japanese translation by Koju Hirose at https://www.saibanhou.com/ao26_02.pdf)
- * Fintech, Payday Loans and the Changing Landscape of Cash-Advance Consumer Credit, 10 Int'l J. Cons. Law & Practice 1 (2022)
- Regulation of Unfair Terms in Consumer Contracts--An American Perspective, 14 Consumer Law eJournal, No. 93 (Nov 11, 2020).
- *The Failure of 'Notice and Consent' as Effective Consumer Policy, 7 Int'l J. Cons. Law & Practice 1 (2019)
- The Impact of Mandatory Arbitration on the Common Law Regulation of Standard Terms in Consumer Contracts, 86 Geo. Wash. L. Rev. 1692 (2017)
- 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?, 60 N.C. L. Rev. 874 (1982).
- Survey of Developments in North Carolina Law--Criminal Procedure, 60 N.C. L. Rev. 1302 (1982) (co-author).
*Refereed
Essays and Reports
- Clarks Secured Transactions Monthly (2023--present, A.S.Pratt/LEXIS-NEXIS)
- 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)
- LexisNexis Expert Commentaries: "Nehf on Drafting a Deposit Account Control Agreement to Comply with U.C.C. § 9-104," 2008 Emerging Issues 1168 (LEXIS-NEXIS);
"Nehf on Standard Search Logic and UCC 9-506(c)," 2008 Emerging Issues 1971 (LEXIS-NEXIS);
"Nehf on Continuity of Perfection Following a Merger under U.C.C. §§ 9-307, 9-308, 9-316, and 9-507," 2008 Emerging Issues 3201 (LEXIS-NEXIS);
"Nehf on Marshaling as a Limitation on a Secured Party's Right to Dispose of Collateral Under U.C.C.," 2008 Emerging Issues 1233 (LEXIS-NEXIS);
"Nehf on Notifying an Account Debtor by E-Mail," 2008 Emerging Issues 1828 (LEXIS-NEXIS);
"Nehf on the Effect of Article 9 on Agricultural Liens," 2008 Emerging Issues 2294 (LEXIS-NEXIS);
"Nehf on 'Why Creditors Should Search and File Against Fixtures in Both the Real Estate and U.C.C. Filing Systems'," 2008 Emerging Issues 1829 (LEXIS-NEXIS);
"Nehf on Perfecting by Taking Possession of Automobile or Certificate of Title under U.C.C. § 9-311," 2008 Emerging Issues 3203 (LEXIS-NEXIS);
"Nehf on Security Interests in Intellectual Property," 2008 Emerging Issues 94 (LEXIS-NEXIS);
- 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).
- 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).
- 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).
*Refereed
Other Publications
- Forward, in PERCEPTIONS AND MISCONCEPTIONS OF DONALD TRUMP (Mohamed Arafa, ed., 2021)
- 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
- “Clicking Away Access to Courts and the UN Guidelines on Dispute Resolution,” 19th Conference of the International Association of Consumer Law (IACL), University of Buenos Aires School of Law (July 2025)
- "The Future of Consumer Law," 17th Conference of the International Association of Consumer Law (IACL), June 2019, Indianapolis, Indiana
- “Consumer Contracting in the United States,” at CONSUMER PROTECTION AND ECONOMIC DEVELOPMENT
25+ YEARS OF THE IACL, July 2017, Federal University of Rio Grande do Sul, Porto Alegre, Brazil
- "Permissible Purpose and Compatible Use of Consumer Information," 15th International Association of Consumer Law Conference, University of Amsterdam, July 2015
- "Midwest Privacy Scholars Roundtable," Notre Dame Law School, October 2014
- "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
- Expert Commentator, Lexis-Nexis, Commercial and Consumer Law
- President, International Association of Consumer Law (IACL), July 2025-present)
- Editorial Board, Markets and Law Series, Ashgate Publishing
- Lecturer, BarBri Bar Review (through 2021)
- Member of the Bar: Indiana (active), Georgia (active), District of Columbia (inactive)
- Roy W. LeClere Award recipient, 1979 (Midwest Conference (formerly the Associated Colleges of the Midwest))
- Hunter Trophy recipient, 1978 (Knox College)
- Knox College Athletic Hall of Fame (2012 inductee)
- Bryant Anderson Memorial Award recipient, 1975 (Lake Park H.S.)
