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Full-Text Articles in Law

Graying Of U.S. Bankruptcy: Fallout From Life In A Risk Society, Deborah Thorne, Pamela Foohey, Robert M. Lawless, Katherine Porter Jan 2019

Graying Of U.S. Bankruptcy: Fallout From Life In A Risk Society, Deborah Thorne, Pamela Foohey, Robert M. Lawless, Katherine Porter

Scholarly Works

The social safety net for older Americans has been shrinking for the past couple decades. The risks associated with aging, reduced income, and increased healthcare costs, have been off-loaded onto older individuals. At the same time, older Americans are increasingly likely to file consumer bankruptcy, and their representation among those in bankruptcy has never been higher. Using data from the Consumer Bankruptcy Project, we find more than a two-fold increase in the rate at which older Americans (age 65 and over) file for bankruptcy and an almost five-fold increase in the percentage of older persons in the U.S. bankruptcy system. …


A New Deal For Debtors: Providing Procedural Justice In Consumer Bankruptcy, Pamela Foohey Jan 2019

A New Deal For Debtors: Providing Procedural Justice In Consumer Bankruptcy, Pamela Foohey

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Across the criminal and civil justice systems, research regarding procedural justice — feeling that one has a voice, is respected, and is before a neutral and even-handed adjudicator — shows that people’s positive perceptions of legal processes are fundamental to the legal system’s effectiveness and to the rule of law. About a million people file bankruptcy every year, making the consumer bankruptcy system the part of the federal court system with which people most often come into contact. Given the importance of bankruptcy to American families and the credit economy, there should exist a rich literature theorizing and investigating how …


Asset Partitioning And Financial Innovation, Christopher Bruner Jan 2019

Asset Partitioning And Financial Innovation, Christopher Bruner

Scholarly Works

Review of the article by Ofer Eldar and Andrew Verstein titled “The Enduring Distinction between Business Entities and Security Interests”, 92 Southern California Law Review, no. 2 (2019).