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Through the lens of the Asian Financial Crisis, this book documents how international organizations and national governments crafted legal responses, through corporate bankruptcy reforms, to the fragility of financial markets in East Asia and worldwide.
Since the adoption of the EU Regulation on Insolvency Proceedings in 2000 and its recast in 2015, it has become clear that lawyers engaged in consumer insolvency proceedings are increasingly expected to have a basic understanding of foreign insolvency proceedings, as well as knowledge of the foreign country's court and legal system, legislation and judicial practice. Written by 50 highly qualified insolvency experts from 30 European countries, A Guide to Consumer Insolvency Proceedings in Europe provides the necessary information in the largest, most up-to-date and comprehensive book on this topic. Assisting the readers in their navigation through the differences, similarities, and peculiarities of insolvency proceedings in all Member States of the European Union, Switzerland and Russia, this book is a unique guide to insolvency proceedings across Europe. With contributions by both academics and practitioners, it provides truly multinational coverage of the economic, legal, social, political, and demographic issues in consumer insolvency. Illustrating the numerous practices across Europe, this book allows the reader to evaluate each aspect both on its own merits, as well as in comparison to the approaches applied in other European jurisdictions. This book will be an invaluable tool for insolvency practitioners, judges, lawyers, creditors and debtors throughout Europe, especially those participating in cross-border proceedings.
The Land of Too Much presents a simple but powerful hypothesis that addresses three questions: Why does the United States have more poverty than any other developed country? Why did it experience an attack on state intervention starting in the 1980s, known today as the neoliberal revolution? And why did it recently suffer the greatest economic meltdown in seventy-five years? Although the United States is often considered a liberal, laissez-faire state, Monica Prasad marshals convincing evidence to the contrary. Indeed, she argues that a strong tradition of government intervention undermined the development of a European-style welfare state. The demand-side theory of comparative political economy she develops here explains how and why this happened. Her argument begins in the late nineteenth century, when America’s explosive economic growth overwhelmed world markets, causing price declines everywhere. While European countries adopted protectionist policies in response, in the United States lower prices spurred an agrarian movement that rearranged the political landscape. The federal government instituted progressive taxation and a series of strict financial regulations that ironically resulted in more freely available credit. As European countries developed growth models focused on investment and exports, the United States developed a growth model based on consumption. These large-scale interventions led to economic growth that met citizen needs through private credit rather than through social welfare policies. Among the outcomes have been higher poverty, a backlash against taxation and regulation, and a housing bubble fueled by “mortgage Keynesianism.” This book will launch a thousand debates.
"This work will be very valuable for academic and public libraries supporting prelaw, law, social, and cultural studies. Summing Up: Highly recommended. Upper-level undergraduates through professionals/practitioners; general readers." —CHOICE There are two aspects of scholarship about the legal systems of our day that are especially salient—one being for the first time there is a fair amount of genuine research on legal systems, and two, that this research is increasingly global. As soon as you cross a jurisdictional line, even if it separates countries that are very similar, you enter a different legal system. It cannot be assumed that any particular rule, doctrine, or practice is the same in any two jurisdictions, regardless of how close these jurisdictions are, in terms of history and tradition. The Encyclopedia of Law and Society is the largest comprehensive and international treatment of the law and society field. With an Advisory Board of 62 members from 20 countries and six continents, the three volumes of this state-of-the-art resource represent interdisciplinary perspectives on law from sociology, criminology, cultural anthropology, political science, social psychology, and economics. By globalizing the Encyclopedia′s coverage, American and international law and society will be better understood within its historical and comparative context. Key Features: Includes more than 700 biographical entries that are historical, comparative, topical, thematic, and methodological Presents the rich diversity of European, Latin American, Asian, African, and Australasian developments for the first time in one place to reveal the truly holistic, interdisciplinary virtues of law and society Examines how and why legal systems grow and change, how and why they respond (or fail to respond) to their environment, how and why they impact the life of society, and how and why the life of society impacts in turn these legal systems With borders more porous than ever before, this Encyclopedia reflects the paradoxical reality of modern life, including legal life. This valuable resource aims to present research, along with the theories on which it is grounded, fairly and comprehensively and is a must-have for all academic libraries.
Since the Reagan Revolution of the early 1980s, Republicans have consistently championed tax cuts for individuals and businesses, regardless of whether the economy is booming or in recession or whether the federal budget is in surplus or deficit. In Starving the Beast, sociologist Monica Prasad uncovers the origins of the GOP’s relentless focus on tax cuts and shows how this is a uniquely American phenomenon. Drawing on never-before seen archival documents, Prasad traces the history of the 1981 tax cut—the famous “supply side” tax cut, which became the cornerstone for the next several decades of Republican domestic economic policy. She demonstrates that the main impetus behind this tax cut was not business group pressure, racial animus, or a belief that tax cuts would pay for themselves. Rather, the tax cut emerged because in America--unlike in the rest of the advanced industrial world—progressive policies are not embedded within a larger political economy that is favorable to business. Since the end of World War II, many European nations have combined strong social protections with policies to stimulate economic growth such as lower taxes on capital and less regulation on businesses than in the United State. Meanwhile, the United States emerged from World War II with high taxes on capital and some of the strongest regulations on business in the advanced industrial world. This adversarial political economy could not survive the economic crisis of the 1970s. Starving the Beast suggests that taking inspiration from the European model of progressive policies embedded in market-promoting political economy could serve to build an American economy that works better for all.
This book was the first comprehensive treatment of credit cards in the global economy. The topic is timely not only because of the attention focused on cards as a contributor to the substantial rise in consumer borrowing, but also because of the role of cards in the recent retrenchment in the US bankruptcy system. Relying on data from the US, the UK, Canada, Australia, and Japan, Charging Ahead includes the first careful statistical analysis of the relation between the rise of credit card use and broader macroeconomic phenomena like consumer borrowing, savings, and bankruptcy. It also provides a broad narrative of how credit cards have come to be used so differently around the world. Finally, it sets out a detailed and coherent program for regulatory intervention grounded in both empirical analysis and the existing theoretical literature.
This book explores the rapidly evolving law of individual insolvency. As consumer borrowing and spending play a greater and greater role in fueling worldwide economic growth, more and more countries are dealing with the casualties of the "democratization of credit" and the "open credit economy." This book explores the struggles that led to the implementation and continuous revision of consumer insolvency law throughout much of Europe in the 1990s and early 2000s. Drawing on both primary sources of formal law and empirical studies of the law in action, this book offers an overview of how the law of consumer "overindebtedness" has played out in the last two decades in the United States and Europe and where it appears to be headed today. While the focus here is on law and practice, the questions for discussion at the end of each chapter might spawn deeper theoretical and policy explorations of the ambivalent relationship of societies to their financially overextended consumers and the ambiguous state of contract law in the consumer context in the 21st century. Chapter 1 sets the stage by introducing the challenges and methodology of a comparative approach to this area of the law. Chapter 2 explores the varying form and role of "credit counseling" and pre-bankruptcy negotiation with creditors in the various systems presented. Chapters 3 and 4 compare and contrast the form and function of the formal consumer insolvency systems in the United States, France, Germany, Austria, England & Wales, the Netherlands, Sweden, Belgium, and Luxembourg. This book is designed for use either in a comparative law course, using consumer insolvency systems to illustrate many of the challenges of comparative law analysis, or in a basic bankruptcy course, using a variety of European approaches and their development over time to enlighten and challenge students' appreciation of the operation of the U.S. system. This book is part of the Comparative Law Series, edited by Michael L. Corrado, Arch T. Allen Distinguished Professor of Law, UNC School of Law. "Each chapter is punctuated with thoughtful discussion questions that will spark debate about the merits of various countries' solutions to the problem of consumer debt." -- Harvard Law Review "Throughout the book Kilborn employs the welcoming tone of a seasoned and passionate educator, with a touch of humor, at the same time appealing to the sense of certainty that law students so often crave...Kilborn is to be congratulated." -- The Law and Politics Book Review
The financial crisis that began in 2007 in the US swept the world, producing substantial bank failures and forcing unprecedented state aid for the crippled global financial system. This book draws critical lessons from the causes of the crisis and proposes important regulatory reforms.
This volume brings together historians, economists, political scientists, and anthropologists to present a global perspective on the new forms of lending and borrowing that have become a key feature of twentieth-century mass consumer societies, emphasizing comparative and transnational historical perspectives.