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Articles 1 - 5 of 5
Full-Text Articles in Consumer Protection Law
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.
Managing Medical Bills On The Brink Of Bankruptcy, Melissa B. Jacoby, Mirya Holman
Managing Medical Bills On The Brink Of Bankruptcy, Melissa B. Jacoby, Mirya Holman
Melissa B. Jacoby
This paper presents original empirical evidence on financial interactions between medical providers and their patients who go bankrupt. We use a nationally representative sample of people who filed for bankruptcy in 2007 to compare two popular but hotly contested methods of measuring medical burden. By applying both methods to the same filers, we find that nearly four out of five respondents had some financial obligation for medical care not covered by insurance in the two years prior to filing as measured by the survey method. The court record method paints a different picture, with only half of the cases containing …
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.