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Articles 1 - 6 of 6
Full-Text Articles in Law
Dodd-Frank, Regulatory Innovation, And The Safety Of Consumer Financial Products, Melissa Jacoby
Dodd-Frank, Regulatory Innovation, And The Safety Of Consumer Financial Products, Melissa Jacoby
Melissa B. Jacoby
Among the many parts of the Dodd-Frank Wall Street Reform and Consumer Protection Act, few have received as much mainstream attention as the creation of the Bureau of Consumer Financial Protection. As is often the case with legislation in recent years, though, some of the most vocalized critiques of the Bureau lack a foundation in Dodd-Frank as enacted or in the Bureau’s start-up efforts. This brief essay explores the nature of the Bureau and its promising possibilities for regulatory innovation that should transcend stale debates about regulatory overreach or command-and-control approaches. This commentary also reviews the unusual dialogue preceding Dodd-Frank …
Making Debtor Remedies More Effective, Melissa B. Jacoby
Making Debtor Remedies More Effective, Melissa B. Jacoby
Melissa B. Jacoby
Commissioned for a conference on credit markets at Harvard Business School in February 2010, this paper explores functional system design and the role of lawyers and intermediaries in providing debtor remedies in a complex legal system. The thesis of this paper, which proceeds in the “law and society” tradition, is that the location of a remedial right within the debtor-creditor system substantially affects the costs and benefits of the remedy for debtors, creditors, the system, and society. In other words, merely adding specific substantive provisions does not directly translate into actual protection. Relatedly, policymakers must recognize that lawyers and other …
Credit For Motherhood, Melissa Jacoby
Credit For Motherhood, Melissa Jacoby
Melissa B. Jacoby
This essay builds on prior work exploring the impact of consumer lenders who sell credit products for assisted reproduction and adoption. After reviewing some basic attributes of the parenthood lending market, the essay discusses how not-for-profit lenders promote traditional conceptions of motherhood and the division of carework in ways that credit discrimination laws were not designed to address. The essay also articulates some incentives of for-profit lenders to sell motherhood and potential implications for women who are ambivalent about becoming parents.
Empirical And Policy Perspectives On Consumer Bankruptcy Law In The United States (In Endeudamiento Del Consumidor E Insolvencia Familiar), Melissa Jacoby
Empirical And Policy Perspectives On Consumer Bankruptcy Law In The United States (In Endeudamiento Del Consumidor E Insolvencia Familiar), Melissa Jacoby
Melissa B. Jacoby
This chapter, published in Spanish, offers new empirical data from the U.S. on consumer bankruptcy filers from the 2007 Consumer Bankruptcy Project, an evaluation of the two-chapter bankruptcy system, and proposals for structural reform.
The Debt Financing Of Parenthood, Melissa B. Jacoby
The Debt Financing Of Parenthood, Melissa B. Jacoby
Melissa B. Jacoby
In this contribution to the symposium Show Me the Money: Making Markets in Forbidden Exchange, I explore an under-appreciated participant in the assisted reproduction and adoption industries: consumer lenders. Through fertility clinics and other service providers, financial institutions market and distribute loans specifically to finance acquisition of treatments, drugs, and human eggs. Adoption foundations and agencies advertise for-profit loans to intended parents, while small foundations offer adoption loans that appear to be low-cost financially but may condition loan approval on intended parent characteristics such as religious observance, marital status, sexual orientation, and adherence to traditional gender roles. After discussing how …
Home Mortgage Problems Through The Lens Of Bankruptcy, Melissa B. Jacoby
Home Mortgage Problems Through The Lens Of Bankruptcy, Melissa B. Jacoby
Melissa B. Jacoby
Based on a lecture at a predatory lending conference at Loyola University New Orleans School of Law, this brief paper discusses the 2007 Consumer Bankruptcy Project and how the empirical study of bankruptcy law informs our understanding of the intersection of mortgages and homeownership with financial distress, and whether bankruptcy can provide meaningful redress.