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Raymond H Brescia

2009

Commercial Law

Articles 1 - 2 of 2

Full-Text Articles in Law

Trust In The Shadows: Law, Behavior And Financial Re-Regulation, Raymond H. Brescia Jul 2009

Trust In The Shadows: Law, Behavior And Financial Re-Regulation, Raymond H. Brescia

Raymond H Brescia

In the deep throes of the Great Depression, in an effort to restore faith in America’s economy, the Roosevelt Administration promoted the development of voluntary codes of conduct to govern employment and manufacturing practices across hundreds of industries. Compliance with these codes permitted a company to display a Blue Eagle, which was supposed to signify support for New Deal efforts, and that the company was trustworthy. In this way, the Blue Eagle served as a heuristic—a cognitive shortcut— that helped consumers identify those companies engaged in fair practices so that those consumers could show their support for the recovery effort …


Tainted Loans: Towards A Mass Torts Approach To Subprime Mortgage Litigation, Raymond H. Brescia Mar 2009

Tainted Loans: Towards A Mass Torts Approach To Subprime Mortgage Litigation, Raymond H. Brescia

Raymond H Brescia

A poison has entered the financial bloodstream. The subprime mortgage crisis and the wider financial crisis it has spawned have caused the erosion of trillions of dollars in wealth, destroyed whole communities and the dislocation of millions of homeowners. Yet, unlike in other situations where toxic products have caused widespread harm, to date, we have not seen an avalanche of litigation, large jury awards, massive settlements compensating victims and financial ruin for the distributors of those products. Some of this is changing, however. Litigation arising out of the present financial crisis is hitting the courts, including suits alleging discrimination in …