Author Archives: Scott Michelman

Deutsche Bank to pay $2.5 billion fine over rate-rigging

As the New York Times reports today, Deutsche Bank will pay a $2.5 billion penalty to United States and British authorities to settle accusations that it helped manipulate the benchmarks used to set interest rates on trillions of dollars in mortgages, student loans, credit cards and other debt, officials said on Thursday. The rate that […]

Third Circuit refuses to extend ascertainability further; Judge Rendell would scale it back

In last week's decision Byrd v. Aaron's, Inc., a unanimous panel of the Third Circuit reversed a district court's decision to deny class certification on ascertainability grounds. (You'll recall that ascertainability is the court-developed notion that a class must show an administratively feasible means of identifying class members; the test is particularly strict and plaintiff-unfriendly […]

Who benefits from a tuition tax credit?

…is the question analysis by this thoughtful piece in Vox (with an embedded clip from The West Wing, for those of you feeling nostalgic for a more harmonious time in government, however fictional). The occasion for the discussion is Sen. Rand Paul’s proposal to make college completely tax deductible. See whom that would help most, […]

John Oliver on the snowball effects of fines for minor infractions

John Oliver has this marvelously clear and detailed report on modern-day debtors’ prisons and how the combination of poor public policy, municipalities’ reliance on fines for their budgets, and private probation companies yields a legal system in which a minor infraction can ruin your life if you don’t have the money to pay the fine. […]

Sen. Warren lays out agenda for tackling “unfinished business of financial reform”

The Dodd-Frank law shouldn't be the end of Congress's financial reform efforts, argued Sen. Elizabeth Warren in a speech today at the Levy Economics Institute. Sen. Warren called for specific additional regulatory measures, including the breaking up of big banks, closing regulatory loopholes, imposing tougher punishments for wrongdoing, and limiting the Fed's emergency lending powers […]

Sen. Ron Johnson’s Obamacare challenge fails at 7th Circuit

Affirming a district court's dismissal, the Seventh Circuit held that Sen. Johnson of Wisconsin did not have standing to challenge federal rules implementing Obamacare coverage for members of Congress and their staffs. Johnson's primary argument was that he suffered electoral/reputational injury by being subject to Obamacare coverage. The court rejected that argument because Johnson was […]

NYT on driver’s license suspensions and cycles of debt

We've discussed before how minor infractions, when combined with a person's inability to pay, court fees, and predatory practices of private probation companies, can ruin someone's life. (See, for instance, here and here.) In today's New York Times, read this story about how the loss of a driver's license — one consequence of falling down […]