notes November 17

notes November 17 - Today’s Agenda • Brief Note on the...

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Unformatted text preview: November 17, 2005 Today’s Agenda • Brief Note on the papers • Types of Reform • The Puzzle of Civil Litigation • Possible Explanations • Why Consumer bankruptcy is an interesting case… • A strategic perspective on the puzzle of civil litigation reform • Developing a working definition of US Democracy—Federalist Paper #10 A Brief Note on the Papers • There is no “magic” number of sources. Your research much provide convincing basis for your argument. • Hint: to convince a critical reader, you need to consider potential objections to sources. Consumer Bankruptcy Reform as a “Most Likely” Case for Replacement Reform • In the 1970s, Consumer Bankruptcy Reform seemed most likely to pass because… • Economic shifts crated a need for dealing with issues of consumer debt—both from the perspectives of lenders and borrowers. • Support from Congress’ own Reform Commission • Support among key members of Congress • Reform targeted small, routine areas. • High legal fees to recovery ratio. • Non-adversarial focus in bankruptcy law o When you file for bankruptcy, all litigation against you from predators stops. o Tries to create equitable distribution of resources....
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notes November 17 - Today’s Agenda • Brief Note on the...

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