You can rent out your womb: Tamar Lewin, “Coming to U.S. for Baby, and Womb to Carry It,” New York Times, July 5, 2014. See also Surrogacy Arrangements Act 1985, 1985 ch. 49 (http://www.legislation.gov.uk/ukpga/1985/49) (http://www.nytimes.com/2014/07/06/us/foreign-couples-heading-to-america-for-surrogate-pregnancies.html).
Studies find that most prostitutes: See Heather J. Clawson, Nicole Dutch, Amy Solomon, and Lisa Goldblatt Grace, Human Trafficking Into and Within the United States: A Review of the Literature, Office of the Assistant Secretary for Planning and Evaluation, U.S. Department of Health and Human Services website, August 2009 (http://aspe.hhs.gov/hsp/07/humantrafficking/litrev/).
the pharmaceutical giant GlaxoSmithKline settled: Office of Public Affairs, “GlaxoSmithKline to Plead Guilty and Pay $3 Billion to Resolve Fraud Allegations and Failure to Report Safety Data,” U.S. Department of Justice website, July 2, 2012 (http://www.justice.gov/opa/pr/glaxosmithkline-plead-guilty-and-pay-3-billion-resolve-fraud-allegations-and-failure-report).
Congress enacted the Fair Sentencing Act: Fair Sentencing Act of 2010, Pub. L. No. 111–220, 124 Stat. 2372 (2010). See also Gary G. Grindler, “Memorandum for All Federal Prosecutors,” U.S. Department of Justice website, August 5, 2010 (http://www.justice.gov/sites/default/files/oip/legacy/2014/07/23/fair-sentencing-act-memo.pdf).
America’s National Rifle Association has gone to great lengths: Ruth Levush, “Firearms-Control Legislation and Policy: Comparative Analysis,” Law Library of Congress website, last updated September 16, 2014. See also Philip Alpers, Amélie Rossetti, Daniel Salinas, and Marcus Wilson, “United States—Gun Facts, Figures and the Law,” Sydney School of Public Health, University of Sydney, GunPolicy.org website, August 20, 2014 (http://www.loc.gov/law/help/firearms-control/comparative.php) (http://www.gunpolicy.org/firearms/region/united-states).
Before the twentieth century: Zephyr Teachout, Corruption in America: From Benjamin Franklin’s Snuff Box to Citizens United (Cambridge, MA: Harvard University Press, 2014), p. 154.
In the 1874 case Trist v. Child: Trist v. Child, 88 U.S. 441 (1874).
“If any of the great corporations”: Ibid., p. 451.
That logic obviously failed to impress: Citizens United v. Federal Election Commission, 558 U.S. 310 (2010).
Indentured servitude is banned: Beth Akers, “How Income Share Agreements Could Play a Role in Higher Ed Financing,” Brookings Institution website, October 16, 2014 (http://www.brookings.edu/research/papers/2014/10/16-income-share-agreements-akers).
Price gouging is also prohibited: Joe Coscarelli, “The Uber Hangover: That Bar Tab Might Not Be the Only Thing You’ll Regret in the Morning,” New York Magazine, December 27, 2013 (http://nymag.com/daily/intelligencer/2013/12/uber-surge-pricing-model.html).
High-frequency stock trading: Bart Chilton, “No Need to Demonize High-Frequency Trading,” New York Times, July 7, 2014 (http://dealbook.nytimes.com/2014/07/07/no-need-to-demonize-high-frequency-trading/).
a practice presumably banned in the Securities Exchange Act of 1934: Securities Exchange Act of 1934, Pub. L. 73–291, 48 Stat. 881.
Over the years, commissioners at the SEC: “Insider Trading,” U.S. Securities and Exchange Commission website (http://www.sec.gov/answers/insider.htm).
Anthony Chiasson claimed he didn’t know: Floyd Norris, “Loosening the Rules on Insider Trading,” New York Times, April 24, 2014 (http://www.nytimes.com/2014/04/25/business/loosening-the-rules-on-insider-trading.html).
Employees who invest part of their paychecks: Anya Kamenetz, “Is Your 401(k) Plan Is [sic] Ripping You Off?” Chicago Tribune, July 8, 2014 (http://articles.chicagotribune.com/2014-07-08/business/sns-201407081730—tms—savingsgctnzy-a20140708-20140708_1_higher-fees-general-dynamics-big-plans).
One contractual provision: “Commission on the Future of Worker-Management Relations,” ch. 4, “Employment Litigation and Dispute Resolution,” U.S. Department of Labor website (http://www.dol.gov/_sec/media/reports/dunlop/section4.htm).
employees complaining of job discrimination: Alexander Colvin, “An Empirical Study of Employment Arbitration: Case Outcomes and Processes,” Cornell University, Digital Commons@ILR website, February 2011. See also David Benjamin Oppenheimer, “Verdicts Matter: An Empirical Study of California Employment Discrimination and Wrongful Discharge Jury Verdicts Reveals Low Success Rates for Women and Minorities,” U.C. Davis Law Review 37 (2003): 511–66 (http://digitalcommons.ilr.cornell.edu/articles/577) (http://scholarship.law.berkeley.edu/facpubs/878).
when consumers sued several hotels: For discussion of online terms-of-service agreements, see Jeremy B. Merrill, “One-Third of Top Websites Restrict Customers’ Right to Sue,” New York Times, October 23, 2014. See also “In re. Online Travel Company (OTC) Hotel Booking Antitrust Litigation,” Consol. Civil Action No. 3:12-cv-3515-B (http://s3.amazonaws.com/cdn.orrick.com/files/Order-re-Motion-for-Leave-to-Amend.pdf) (http://www.nytimes.com/2014/10/23/upshot/one-third-of-top-websites-restrict-customers-right-to-sue.html?abt=0002&abg=0).
When the owner of a small restaurant: American Express Co. et al. v. Italian Colors Restaurant et al., 570 U.S. ____ (2013).
The case went to the Supreme Court: Ibid.
“The monopolist gets to use its monopoly power”: Ibid.
Purchasers who check “I accept”: Aleecia M. McDonald and Lorrie Faith Cranor, “The Cost of Reading Privacy Policies,” I/S: A Journal of Law and Policy for the Information Society 4, no. 3 (2008): 540–65.
“You are solely responsible”: “iCloud Terms and Conditions,” Apple website, last revised October 20, 2014 (https://www.apple.com/legal/internet-services/icloud/en/terms.html).
lawmakers in several states: Michael Corkery, “States Ease Interest Rate Laws That Protected Poor Borrowers,” New York Times, October 21, 2014 (http://dealbook.nytimes.com/2014/10/21/states-ease-laws-that-protected-poor-borrowers/).
Citigroup’s OneMain Financial unit: Ibid (http://dealbook.nytimes.com/2014/10/21/states-ease-laws-that-protected-poor-borrowers/).
“There was simply no need”: Ibid (http://dealbook.nytimes.com/2014/10/21/states-ease-laws-that-protected-poor-borrowers/).
Meanwhile, employees of large corporations: Steven Greenhouse, “Noncompete Clauses Increasingly Pop Up in Array of Jobs,” New York Times, June 8, 2014 (http://www.nytimes.com/2014/06/09/business/noncompete-clauses-increasingly-pop-up-in-array-of-jobs.html).
“an overarching conspiracy”: David Streitfeld, “Court Rejects Deal on Hiring in Silicon Valley,” New York Times, August 8, 2014 (http://mobile.nytimes.com/2014/08/09/technology/settlement-rejected-in-silicon-valley-hiring-case.html?referrer=).
Court papers showed: Ibid (http://mobile.nytimes.com/2014/08/09/technology/settlement-rejected-in-silicon-valley-hiring-case.html?referrer=).
Not only did Google back down: Ibid (http://mobile.nytimes.com/2014/08/09/technology/settlement-rejected-in-silicon-valley-hiring-case.html?referrer=).
7 THE NEW BANKRUPTCY
On the day Trump Plaza opened: “Trump Plaza: 4th Atlantic City Casino Shutdown,” Associated Press, September 16, 2014 (http://www.usatoday.com/story/money/business/2014/09/16/trump-casino-shutdown/15705029/).
Thirty years later: “Trump Plaza to Close, Costing Atlantic City 1,000 Jobs,” Bloomberg News, July 14, 2014 (http://www.bloomberg.com/news/2014-07-14/trump-plaza-to-close-costing-atlantic-city-1-000-jobs.html).
Trump, meanwhile, was on Twitter: Vicki Hyman, “Donald Trump Crows about Casino Woes: Atlantic City ‘Lost Its Magic After I Left,’ ” NJ.com website, September 16, 2014 (http://www.nj.com/entertainment/celebrit
ies/index.ssf/2014/09/donald_trump_atlantic_city_casino_twitter.html).
In the late nineteenth century: Todd Zywicki, “The Auto Bailout and the Rule of Law,” National Affairs, no. 7 (2011): 66–80 (http://www.rib.uscourts.gov/newhome/docs/the_evelution_of_bankruptcy_law.pdf).
“uniform Laws on the subject of Bankruptcies”: U.S. Constitution, art. I, sec. 8, cl. 4. See also “The Evolution of U.S. Bankruptcy Law: A Timeline,” Federal Judicial Center (http://www.rib.uscourts.gov/newhome/docs/the_evolution_of_bankruptcy_law.pdf).
The credit card industry spent more than $100 million: Timothy Egan, “Newly Bankrupt Raking in Piles of Credit Offers,” New York Times, December 11, 2005 (http://www.nytimes.com/2005/12/11/national/11credit.html?pagewanted=all).
every major U.S. airline: “The Last Great American Airline Merger…and the Last Great American Airline Bankruptcy?” The Economist, January 12, 2013 (http://www.economist.com/news/business/21569454-and-last-great-american-airline-bankruptcy-last-great-american-airline-merger).
Carty preached the necessity: Richard Finger, “Why American Airlines Employees Loathe Management,” Forbes, April 29, 2013 (http://www.forbes.com/sites/richardfinger/2013/04/29/why-american-airlines-employees-loathe-management/).
The corporation then promptly rejected: Gregory Karp, “American Airlines Parent Will Freeze, Not Terminate, Pensions,” Chicago Tribune, March 7, 2012 (http://articles.chicagotribune.com/2012-03-07/business/chi-american-airlines-parent-will-freeze-not-terminate-pensions-20120307_1_freeze-pensions-pbgc-pension-benefit-guaranty-corp).
American’s stock rose even further: For the discussion of American’s emergence from bankruptcy, see Jack Nicas, “American Airlines Delivers Rich Payout,” Wall Street Journal, April 8, 2014 (http://www.wsj.com/articles/SB10001424052702303456104579489282879045884).
To top it off: Nick Brown, “American Airlines–US Airways Merger Gets Court Approval,” Reuters, March 27, 2013 (http://www.reuters.com/article/2013/03/27/us-americanairlines-usair-court-idUSBRE92Q17L20130327).
Everyone came out ahead: Finger, “Why American Airlines Employees Loathe Management.” (http://www.forbes.com/sites/richardfinger/2013/04/29/why-american-airlines-employees-loathe-management/)
When the debt bubble exploded: U.S. Financial Crisis Inquiry Commission, The Financial Crisis Inquiry Report (Washington, DC: U.S. Government Printing Office, 2011).
Some commentators (including yours truly): See Robert Reich, “The Coming Bailout of All Bailouts: A Better Alternative,” Robert Reich blog, September 18, 2008 (http://robertreich.org/post/257309814).
When Lehman Brothers went into bankruptcy: Jon Hilsenrath, Deborah Solomon, and Damian Paletta, “Paulson, Bernanke Strained for Consensus in Bailout,” Wall Street Journal, November 10, 2008 (http://www.wsj.com/articles/SB122628169939012475).
The banks also received an estimated $83 billion: Bob Ivry, “Fed Gave Banks Crisis Gains on Secretive Loans Low as 0.01%,” Bloomberg News, May 26, 2011 (http://www.bloomberg.com/news/2011-05-26/fed-gave-banks-crisis-gains-on-secretive-loans-as-low-as-0-01-.html).
Yet Chapter 13 of the bankruptcy code: James C. Duff, Bankruptcy Basics, rev. 3rd ed., Administrative Office of the U.S. Courts, April 2010 (http://www.uscourts.gov/uscourts/FederalCourts/BankruptcyResources/bankbasics.pdf).
When the financial crisis hit: Helping Families Save Their Homes in Bankruptcy Act of 2008, S. 2136 (110th) (https://www.govtrack.us/congress/bills/110/s2136).
The bill passed the House: Dick Durbin, “Durbin’s Bankruptcy Amendment to Help Homeowners in Foreclosure,” remarks delivered on the floor of the U.S. Senate, April 29, 2009 (http://www.durbin.senate.gov/public/index.cfm/statementscommentary?ID=5f256057-e6ed-442b-a866-396a16735b0a).
The bill garnered only forty-five Senate votes: See Anne Flaherty, “Senate Votes Down Foreclosure Mortgage Relief Bill,” USA Today, April 30, 2009 (http://usatoday30.usatoday.com/money/economy/housing/2009-04-30-senate-foreclosure-bill_N.htm).
student loans constituted 10 percent of all debt: Federal Reserve Bank of New York, “Quarterly Report on Household Debt and Credit,” August 2014, p. 3 (http://www.newyorkfed.org/householdcredit/2014-q2/data/pdf/HHDC_2014Q2.pdf).
But the bankruptcy code does not allow: Josh Mitchell, “Trying to Shed Student Debt,” Wall Street Journal, May 3, 2012 (http://www.wsj.com/articles/SB10001424052702303978104577364120264435092).
If debtors cannot meet their payments: Annamaria Andriotis, “Student Debt Takes a Bite Out of More Paychecks,” Wall Street Journal, June 13, 2014 (http://www.wsj.com/articles/student-debt-takes-a-bite-out-of-more-paychecks-1402699974).
If people are still behind: Ibid (http://www.wsj.com/articles/student-debt-takes-a-bite-out-of-more-paychecks-1402699974).
The only way graduates can reduce their student debt: Federal Student Aid, “Forgiveness, Cancellation, and Discharge: Discharge in Bankruptcy,” Federal Student Aid website (https://studentaid.ed.gov/repay-loans/forgiveness-cancellation#discharge-in).
This is a stricter standard: Tim Donovan, “Student Loan Debt Should Be Treated Like Detroit’s,” Salon, July 24, 2013 (http://www.salon.com/2013/07/24/student_loan_debt_should_be_treated_like_detroits/).
Congress and its banking patrons: Ibid.
the investors holding 2005 certificates: For the discussion of the Detroit bankruptcy, see Monica Davey and Mary Williams Walsh, “Plan to Exit Bankruptcy Is Approved for Detroit,” New York Times, November 7, 2014 (http://www.nytimes.com/2014/11/08/us/detroit-bankruptcy-plan-ruling.html?module=Search&mabReward=relbias%3Ar%2C%7B%221%22%3A%22RI%3A9%22%7D).
Greater Detroit: “Detroit: Economy; Major Industries and Commercial Activity,” City-Data.com website, 2009. See also Automation Alley, Automation Alley’s 2013 Technology Industry Report, Anderson Economic Group website (http://www.city-data.com/us-cities/The-Midwest/Detroit-Economy.html) (http://www.andersoneconomicgroup.com/Portals/0/upload/2013%20Tech%20Report-WEB%20(compress).pdf).
The median household in the region: U.S. Census Bureau, 2008–12 American Community Survey, Detroit-Warren-Livonia, MI, Metro Area, table DP-03 5-Year Estimates, American FactFinder website (http://factfinder2.census.gov).
The median household in Birmingham, Michigan: U.S. Census Bureau, 2009–13 American Community Survey, Birmingham and Bloomfield Hills, 5-Year Estimates, “Community Facts,” American FactFinder website (http://factfinder2.census.gov).
between 2000 and 2010, Detroit lost a quarter of its population: U.S. Census Bureau, “Profile of General Population and Housing Characteristics: 2010 Demographic Profile,” table DP-1, and “Profile of General Demographic Characteristics: Census 2000 Summary File 1 (SF 1) 100-Percent Data,” table DP-1, Detroit, MI, American FactFinder website (http://factfinder2.census.gov).
By the time of the bankruptcy: Sixty-four percent were below 200 percent of the federal poverty level. See U.S. Census Bureau, 2009–13 American Community Survey, Detroit, MI, 5-Year Estimate, “Poverty Status in the Past 12 Months,” table S1701, American FactFinder website (http://factfinder2.census.gov).
Its median household income: U.S. Census Bureau, 2009–13 American Community Survey, Detroit, MI, 5-Year Estimate, “Community Facts,” American FactFinder website (http://factfinder2.census.gov).
More than half of its children were impoverished: Fifty-five percent were living below the federal poverty level. See U.S. Census Bureau, 2009–13 American Community Survey, Detroit, MI, 5-Year Estimate, “Children Characteristics,” table S0901, American FactFinder website (http://factfinder2.census.gov).
Forty percent of its streetlights didn’t work: “Proposal for Creditors,” City of Detroit website, June 14, 2013, p. 12 (http://download.gannett.edgesuite.net/detnews/20
13/pdf/061413creditors.pdf).
Two-thirds of its parks: Ibid., p. 15.
monthly water bills in Detroit: Rick Cohen, “UN Declares Detroit Water Shutoffs Violate Human Rights,” Nonprofit Quarterly, June 26, 2014 (https://nonprofitquarterly.org/policysocial-context/24424-un-declares-detroit-water-shutoffs-violate-human-rights.html).
“Now, all of a sudden, they’re having problems”: Paige Williams, “Drop Dead, Detroit!” New Yorker, January 27, 2014 (http://www.newyorker.com/magazine/letter-from-michigan).
8 THE ENFORCEMENT MECHANISM
the National Vaccine Injury Compensation Program: For a discussion of the Vaccine Injury Compensation Program history in the United States, see “Vaccine Injury Compensation Programs,” College of Physicians of Philadelphia, History of Vaccines website. For a discussion of pharmaceutical action that prompted the creation of the VICP, see “History of Vaccine Safety,” Centers for Disease Control and Prevention website, last updated November 4, 2014 (http://www.historyofvaccines.org/content/articles/vaccine-injury-compensation-programs) (http://www.cdc.gov/vaccinesafety/vaccine_monitoring/history.html).
the National Rifle Association went into action: See Gregg Lee Carter, Gun Control in the United States (Santa Barbara: ABC-CLIO Inc., 2006), pp. 193–94.
Congress enacted the Protection of Lawful Commerce in Arms Act: Protection of Lawful Commerce in Arms Act, House Report 109-124, June 14, 2005 (http://www.gpo.gov/fdsys/pkg/CRPT-109hrpt124/html/CRPT-109hrpt124.htm).
the dangers associated with the Mark 1 reactor: Tom Zeller, Jr., “Experts Had Long Criticized Potential Weakness in Design of Stricken Reactor,” New York Times, March 15, 2011. See also “U.S. Boiling Water Reactors with ‘Mark 1’ and ‘Mark 2’ Containments,” U.S. Nuclear Regulatory Commission website (http://www.nytimes.com/2011/03/16/world/asia/16contain.html?_r=1&ref=asia) (http://www.nrc.gov/reactors/operating/ops-experience/japan/us-boiling-water-reactors.html).
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