lawmeb@langate.gsu.edu
404/651-2135
CURRICULUM VITAE
MARK E. BUDNITZ
EDUCATION
1966 B.A., Dartmouth College
1969 J.D., Harvard Law School
EMPLOYMENT
1988 - present Professor of Law (Full Prof. since 1993)
Georgia State University College of Law
1984 - 88 Chief, Branch of Reorganization, Atlanta Regional Office, Securities and Exchange Commission
1979 - 84 Emory University School of Law
Associate Professor, 1979-84
Adjunct Professor, 1984-88
1975 - 79 Executive Director, National Consumer Law Center, Inc.
1973 - 75 Supervising Attorney and Instructor, Civil Clinical Program, Boston University School of Law
1973 - 75 Staff Attorney, Greater Boston Legal Services
1971 - 73 Litigation Coordinator and General Counsel, National Consumer Law Center, Inc.
1969 - 71 Staff Attorney, Community Legal Assistance Office, Cambridge, Massachusetts
PROFESSIONAL AFFILIATIONS AND COMMUNITY SERVICE
Member, American Law Institute, 2000-present
Board of Directors, National Consumer Law Center, 2002-present
Member, Board of Directors, Atlanta Legal Aid Society, 1990 - present
Executive Committee, 1994 - 1996
Georgia Electronic Commerce Association, Privacy Committee, 2001 - present
American Bar Association, Business Law Section
Co-Chair, Task Force on Consumer Involvement, UCC Committee, 1995-2003
Co-Chair, Working Group on Consumer Protection, Cyberspace Law Committee,
1998-2003
Awarded Fellowship by Consumer Financial Services Committee, 1989-1994
Georgia Department of Human Resources Electronic Benefit Transfer Client
Advocate Advisory Council, 1994 - 97
Chair, Board of Directors, Consumer Law Center of the South, 1996-2001
Editorial Board, Consumer Financial Services Law Report, 1998-present
Business Law Section, State Bar of Georgia, 1993 - present
BAR ADMISSIONS
Georgia (active) and Massachusetts (retired)
Federal District Courts of Georgia and Massachusetts
SUBJECTS TAUGHT AT GSU COLLEGE OF LAW
Electronic Commerce
Sales
Commercial Paper & Payment Systems
Consumer Protection
PUBLICATIONS
Books
Consumer Banking and Payments Law (2000) and revised edition (2002). Supplements.
The Law of Lender Liability, Revised Edition (A.S. Pratt1994). Bi-annual supplements from 1991 to present.
Counseling and Representing Financially Distressed Businesses, with Gary Shapiro (The Harrison Company 1993)(Periodic Supplements until 2003).
Fair Credit Reporting Act, with Will Ogburn (1st ed. 1971).
Articles
"The High Cost of Mandatory Consumer Arbitration," 67 Law & Contemporary Problems 133 (2004)
"Consumer Payment Systems: New Products and Services, New Laws and New Problems," 56 Consumer Finance Law Quarterly Report 52 (2002).
"Ensuring the Future," 7 The Consumer Advocate 5 (June 2001) (issue discussing teaching Consumer Protection in law schools)
"Consumers Surfing for Sales in Cyberspace: What Constitutes Acceptance
and What
Legal Terms and Conditions Bind the Consumer?" 16 Georgia State Law
Rev. 741 (2000).
"Privacy Rules: Areas of Concern and Controversy," Consumer Financial Privacy: Complying with the Gramm-Leach-Bliley Act and the Final Rules (2000).
"Consumer Privacy in Electronic Commerce: As the Millennium Approached, Minnesota Attacked, Regulators Refrained, and Congress Compromised," 14 Notre Dame Journal of Law, Ethics & Public Policy 821 (2000)(Symposium on Privacy and the Law).
Editor & contributor, Consumer ADR in the Borderless Online Marketplace (materials published by ABA for Annual Meeting)(contributed "Developments in Consumer Arbitration Case Law: 1997-April 2000").
"Privacy Protection for Consumer Transactions in Electronic Commerce: Why Self-Regulation is Inadequate," 49 S. Caro. Law Review 847 (1998)(Symposium on Conducting Business Over the Internet).
"Stored Value Cards: The Need For Regulation," 46 American University Law Review 1027 (1997)(Symposium on The Electronic Future of Cash).
"The FTC's Consumer Protection Program During the Miller Years: Lessons For Administrative Agency Structure and Operation," 46 Catholic U. Law Review 371 (1997).
"Arbitration of Disputes Between Consumers and Financial Institutions: A Serious Threat to Consumer Protection," 10 Ohio St. J. on Dispute Resolution 267 (1995).
"Consumer Issues in Revised Articles 3 and 4 of the UCC," Consumer Finance Law Quarterly Report 119 (1993).
"Electronic Money in the 1990's: A Net Benefit or Merely a Trade-Off?" 9 Georgia State University Law Review 747 (1993).
"The Revision of U.C.C. Articles Three and Four: A Process Which Excluded Consumer Protection Requires Federal Action," 43 Mercer Law Review 827 (1992).
"Consumer Bankruptcy Developments," 47 Business Lawyer 1299
(1992).
"The Consequences of Bulk in Our Banking Diet: Bulk Filing of Checks
and the Bank's Duty of Ordinary Care When it Pays Forged Checks Under the
1990 Revision to the Uniform Commercial Code," 63 Temple Law Review
729-791 (1990).
"The Duties Imposed By Bankruptcy Courts Upon Mortgagees At Foreclosure Sales: How To Avoid Avoidance Under Section 548," 46 The Business Lawyer 1183 (1991).
"Chapter 11 Business Reorganizations and Shareholder Meetings: Will the Meeting Please Come to Order, or Should the Meeting Be Cancelled Altogether?" 58 George Washington Law Review 1214-1267 (1990).
"Fees of Professionals and Expenses of Members Appointed to Official Committees in Chapter 11 Cases" (with Robinson) Norton Bankruptcy Law Adviser (Nov. 1987).
"The Finicky Computer, the Paperless Telex and the Fallible Swiss: Bank Technology and the Law," 25 Boston College Law Review 259-303 (1984), reprinted in Fonseca, Handling Consumer Credit Cases (1986).
"The Sale of Credit Life Insurance: The Bank as Fiduciary," 62 University of North Carolina Law Review 295-327 (1984), reprinted in National Insurance Law Review 129 (1984).
"Federal Regulation of Consumer Disputes in Computer Banking Transactions," 20 Harvard Journal on Legislation 31-98 (1983), reprinted in Corporate Counsel's Manual 833 (1984).
"Problems of Proof When There's a Computer Goof: Consumers versus ATMs," 2 Computer Law Journal 49-65 (1980).
"The Impact of Electronic Funds Transfer Systems on Consumers," 13 University of San Francisco Law Review 361-404 (1979).
Editor, Harvard Civil Rights Civil Liberties Law Review, 1968-1969.
SELECTED PROFESSIONAL ACTIVITIES
1995 Lecturer, consumer protection in the United States, three day seminar for delegation from Anti-Monopoly Ministry, Republic of Belarus
1995 Panelist, "Electronic Benefits Transfer, Recent Developments
and Policy Issues," Consumer Financial Services Committee, American
Bar Association Annual Meeting
1995 Panelist, Consumer Arbitration, American Bar Association, Annual Meeting
1997 Panelist, Symposium on The Future of Electronic Cash, American University, Washington College of Law, April, 1997
1997 Presenter, "Contract Law and Recipient Obligations Under Welfare Reform," Training Conference for Georgia Legal Services Program Attorneys
1997 Testified at hearing conducted by the Federal Interagency Consumer Electronic Payments Task Force, presenting proposed Model Stored Value Card Protection Act
1997 Testified at hearing conducted by Federal Reserve Board on reform of Truth in Lending Act
1998 Panelist on Consumer Arbitration at Practising Law Institute seminar.
1998 Panelist on Consumer Arbitration at ABA Annual Meeting
1998 Presenter on Consumer Privacy at South Carolina Law Review symposium on Internet Commerce
1999 Panelist, "Drafting a ‘Bulletproof' Consumer Arbitration Agreement-Is It Possible?" Practising Law Institute Seminar on Arbitration of Consumer Financial Services Disputes
1999 Panelist, "Privacy and Profiling," Computers, Freedom & Privacy, The Global Internet Conference
1999 Panelist, "Special Workshop on Consumers and Public Key Infrastructure," Information Security Committee, Electronic Commerce Division, Section of Science & Technology, Am. Bar Assoc.
1999 Panelist, "The Promise and the Problems: Technology and Low Income Individuals," Equal Justice Conference: Pro Bono, Innovations and New Partnerships
1999 Speaker, "Electronic Commerce: New Laws That Affect Purchasing Management," Meeting of the National Association of Purchasing Management, Georgia
1999 Speaker, "Consumer Privacy Issues and Developments" Electronic Funds Transfer Association Meeting
1999 Speaker, "Consumer Arbitration and Truth in Lending Class Actions," Consumer Credit Committee, Federal Reserve Board's Consumer Advisory Council
2000 Panelist, "Federal Privacy Legislation," Consumer Financial Services Committee, Am. Bar Assoc.
2000 Panelist, "The Proper Role For Stakeholders in Developing and Implementing ADR Mechanisms," Workshop on Alternative Dispute Resolution for Consumers in the Online Marketplace, sponsored by the FTC & the Dept. of Commerce
2000 Speaker, "Contract Issues: When Is There an Offer and Acceptance?
Is Your Agreement Worth the Paper It Isn't Written On?" Doing Business
Online: Marketing and Transactional Issues (Law Seminars International)
2000 Moderator and panelist, "Consumer ADR in the Borderless Online
Marketplace," ABA Annual Meeting
2000 Panelist, "Consumer Perspectives on Retail Payments," 2000 Retail Payments Systems Conference sponsored by the Food Marketing Institute
2000 Comment to the Federal Trade Commission, "Gramm-Leach-Bliley Privacy Safeguards Rule"
2001 Panelist, "What Price Privacy?" the Annual Fisher Memorial Program of the Conference on Consumer Finance Law
2001 Panelist, "2 B or Not 2 B: Consumer Payments on the Internet," 2001 Spring Meeting, Business Law Section, American Bar Association
2001 Speaker, "Legislative Issues," Privacy Working Group, Georgia Electronic Commerce Association
2001 Panelist, "Hot Topics in Consumer Arbitration," ABA Annual Meeting
2002 Panelist, "Logic and Experience of Electronic Contracts: Implications
For Teaching Commercial Law and Contracts," Association of American
Law Schools Annual Meeting
2002 Panelist, "Consumer Protection," Appleseed Foundation, Southern
Regional Meeting
2002 Panelist, "What Is Consumer Law?" Teaching Consumer Law, A Conference For Law School Professors
2002 Presenter, "Consumer Payment Systems," Teaching Consumer Law, A Conference For Law School Professors
2002 Speaker, "The High Cost of Consumer Arbitration," at a conference on The Coming Crisis in Mandatory Arbitration: New Perspectives and Possibilities, Duke Law School
2002 Speaker, "Electronic Payments-Does No Paper Mean No Protection?" at the National Consumer Rights Litigation Conference
2003 Presenter, "No Access to Lawyers or Courts: A Significant Cause of Poverty," at The Atlanta Conference on Poverty
2004 Presenter, "Consumer Payment Systems Update." Teaching Consumer Law, An Int'l Conference for Law Professors
2004 Presenter, "Regulatory Issues Facing the Prepaid Card Industry," Workshop at Philadelphia Federal Reserve Bank
2004 Presenter, "Payday Lending on the Internet," Payday Lending Regulatory Summit, Conference of State Bank Supervisors and the National Association of Consumer Credit Administrators