front cover of Bankruptcy's Universal Pragmatist
Bankruptcy's Universal Pragmatist
Festschrift in Honor of Jay Westbrook
Christoph G. Paulus and John A. E. Pottow, Editors
Michigan Publishing Services, 2021
A Who’s Who of international scholars of bankruptcy law have come together to compile a Festschrift honoring the work of Jay Lawrence Westbrook, one of the most prominent professors of bankruptcy law. Jay is not just the father—perhaps grandfather—of modern cross-border insolvency theory, but a pioneer (along with his co-authors Teresa A. Sullivan and Elizabeth Warren) of empirical research in commercial law. The volume collects the papers presented at “JayFest,” the 2018 celebration of Jay’s work in Austin co-sponsored by the University of Texas Law School, the Texas Law Review, and the world’s premier bankruptcy organization, the International Insolvency Institute.
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front cover of Bankrupts and Usurers of Imperial Russia
Bankrupts and Usurers of Imperial Russia
Debt, Property, and the Law in the Age of Dostoevsky and Tolstoy
Sergei Antonov
Harvard University Press, 2016

As readers of classic Russian literature know, the nineteenth century was a time of pervasive financial anxiety. With incomes erratic and banks inadequate, Russians of all social castes were deeply enmeshed in networks of credit and debt. The necessity of borrowing and lending shaped perceptions of material and moral worth, as well as notions of social respectability and personal responsibility. Credit and debt were defining features of imperial Russia’s culture of property ownership. Sergei Antonov recreates this vanished world of borrowers, bankrupts, lenders, and loan sharks in imperial Russia from the reign of Nicholas I to the period of great social and political reforms of the 1860s.

Poring over a trove of previously unexamined records, Antonov gleans insights into the experiences of ordinary Russians, rich and poor, and shows how Russia’s informal but sprawling credit system helped cement connections among property owners across socioeconomic lines. Individuals of varying rank and wealth commonly borrowed from one another. Without a firm legal basis for formalizing debt relationships, obtaining a loan often hinged on subjective perceptions of trustworthiness and reputation. Even after joint-stock banks appeared in Russia in the 1860s, credit continued to operate through vast networks linked by word of mouth, as well as ties of kinship and community. Disputes over debt were common, and Bankrupts and Usurers of Imperial Russia offers close readings of legal cases to argue that Russian courts—usually thought to be underdeveloped in this era—provided an effective forum for defining and protecting private property interests.

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COURTS AND COMMERCE
GENDER, LAW, AND THE MARKET ECONOMY IN COLONIAL NEW YORK
DEBORAH ROSEN
The Ohio State University Press, 1997

In Courts and Commerce, Deborah A. Rosen intertwines economic history, legal history, and the history of gender. Relying on extensive analysis of probate inventories, tax lists, court records, letter books, petitions to the governor, and other documents from the eighteenth century—some never before studied—Rosen describes the expansion of the market economy in colonial New York and the way in which the law provided opportunities for eighteenth-century men to expand their economic networks while at the same time constraining women's opportunities to engage in market relationships. The book is unusual in its range of interests: it pays special attention to a comparison of urban and rural regions, it examines the role of law in fostering economic development, and it contrasts the different experiences of men and women as the economy changed.

Courts and Commerce challenges the idealized image of colonial America that has dominated historiography on the colonial period. In contrast to scholars who have portrayed the colonial period as a golden age for communal values and who have described nineteenth-century developments as if they had no eighteenth-century precedents, Rosen demonstrates that the traditionally described communal model of eighteenth-century America is a myth, and that in many ways the two eras are marked more by continuity than by change.

Deborah Rosen demonstrates that a market economy based on arm’s-length relationships did not suddenly emerge in the nineteenth century but already existed during the eighteenth century; that women became marginalized from the economy well before industrialization sent their husbands off to factories; and that the law shaped economic development a century or more before judges began to redefine the substance of the law to protect manufacturers and railway owners against expensive lawsuits by injured employees, neighbors, and consumers.

This bold and thought-provoking work will find a welcome audience among scholars of colonial American history, economic, social, and legal history, and women's studies.

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front cover of House of Debt
House of Debt
How They (and You) Caused the Great Recession, and How We Can Prevent It from Happening Again
Atif Mian and Amir Sufi
University of Chicago Press, 2014
The Great American Recession resulted in the loss of eight million jobs between 2007 and 2009. More than four million homes were lost to foreclosures. Is it a coincidence that the United States witnessed a dramatic rise in household debt in the years before the recession—that the total amount of debt for American households doubled between 2000 and 2007 to $14 trillion? Definitely not. Armed with clear and powerful evidence, Atif Mian and Amir Sufi reveal in House of Debt how the Great Recession and Great Depression, as well as the current economic malaise in Europe, were caused by a large run-up in household debt followed by a significantly large drop in household spending.

Though the banking crisis captured the public’s attention, Mian and Sufi argue strongly with actual data that current policy is too heavily biased toward protecting banks and creditors. Increasing the flow of credit, they show, is disastrously counterproductive when the fundamental problem is too much debt. As their research shows, excessive household debt leads to foreclosures, causing individuals to spend less and save more. Less spending means less demand for goods, followed by declines in production and huge job losses. How do we end such a cycle? With a direct attack on debt, say Mian and Sufi.  More aggressive debt forgiveness after the crash helps, but as they illustrate, we can be rid of painful bubble-and-bust episodes only if the financial system moves away from its reliance on inflexible debt contracts. As an example, they propose new mortgage contracts that are built on the principle of risk-sharing, a concept that would have prevented the housing bubble from emerging in the first place.

Thoroughly grounded in compelling economic evidence, House of Debt offers convincing answers to some of the most important questions facing the modern economy today: Why do severe recessions happen? Could we have prevented the Great Recession and its consequences? And what actions are needed to prevent such crises going forward?
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front cover of House of Debt
House of Debt
How They (and You) Caused the Great Recession, and How We Can Prevent It from Happening Again
Atif Mian and Amir Sufi
University of Chicago Press, 2014
The Great American Recession resulted in the loss of eight million jobs between 2007 and 2009. More than four million homes were lost to foreclosures. Is it a coincidence that the United States witnessed a dramatic rise in household debt in the years before the recession—that the total amount of debt for American households doubled between 2000 and 2007 to $14 trillion? Definitely not. Armed with clear and powerful evidence, Atif Mian and Amir Sufi reveal in House of Debt how the Great Recession and Great Depression, as well as the current economic malaise in Europe, were caused by a large run-up in household debt followed by a significantly large drop in household spending.

Though the banking crisis captured the public’s attention, Mian and Sufi argue strongly with actual data that current policy is too heavily biased toward protecting banks and creditors. Increasing the flow of credit, they show, is disastrously counterproductive when the fundamental problem is too much debt. As their research shows, excessive household debt leads to foreclosures, causing individuals to spend less and save more. Less spending means less demand for goods, followed by declines in production and huge job losses. How do we end such a cycle? With a direct attack on debt, say Mian and Sufi.  More aggressive debt forgiveness after the crash helps, but as they illustrate, we can be rid of painful bubble-and-bust episodes only if the financial system moves away from its reliance on inflexible debt contracts. As an example, they propose new mortgage contracts that are built on the principle of risk-sharing, a concept that would have prevented the housing bubble from emerging in the first place.

Thoroughly grounded in compelling economic evidence, House of Debt offers convincing answers to some of the most important questions facing the modern economy today: Why do severe recessions happen? Could we have prevented the Great Recession and its consequences? And what actions are needed to prevent such crises going forward?
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front cover of The Price of Misfortune
The Price of Misfortune
Rights and Wrongs in Indebted America
Daniel Platt
University of Chicago Press, 2023
A history of the struggle for debtors’ rights from the Civil War to the Great Depression

What can be taken from someone who has borrowed money and cannot repay? What do the victims of misfortune owe to their lenders, and what can they keep for themselves? The answers to those questions, immensely important for debtors, creditors, and society at large, have changed over time. The Price of Misfortune examines the cause of debtors’ rights in the modern United States and the struggles of reformers who fought to establish financial freedoms in law.
 
Daniel Platt shows how, in the wake of the Civil War, a range of advocates drew potent analogies between slavery, imprisonment for debt, and the experiences of wage garnishment and property foreclosure. He traces the ways those analogies were used to campaign for bold new protections for debtors, keeping them secure in their labor, property, and personhood. Yet, as Platt demonstrates, those reforms tended to assume as their ideal borrower someone who was white, propertied, and male. In subsequent decades, the emancipatory promise of debtors’ rights would be tested as women, wage earners, and African Americans seized on their language to challenge other structural inequalities: the dependency of marriage, the exploitation of industrial capitalism, and the oppression of Jim Crow. By reconstructing these forgotten developments—and recovering the experiences of indebted farmwives, sharecroppers, and wage workers—The Price of Misfortune narrates a new history of inequality, coercion, and law amid the early financialization of American capitalism.
 
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