Saturday, September 24, 2016

Bankers Relieved: Court Says Student Loan Usury Good Public Policy

The Marxist Harvard Professor Morton Horwitz wrote a splendid review of the development of law in USA, called  Transformation of American Law, 1780-1860.  As usual, Marxists gets their facts straight.  he shows, case by case how capitalism and our legal structure produced every ill we now decry as a nation.  Even something like pollution, case by case, inexporably, how USA became, and is, the worse polluter mankind has ever known.  (Want to argue that with me?)

Here is another example for a future book, where the courts went outside the law, again, to back bankers.  As if trapping students for life in unbankruptable loans was not enough, overcharging interest on those loans contrary to state law is OK, say Federal Appellate Courts:
Additionally, as noted above, the court analyzed possible public policy considerations. Unlike other federal and state courts that have recently decided true lender cases, including the Second Circuit in Madden v. Midland Funding, 786 F.3d 246 (2nd Cir. 2015), the court explicitly acknowledged that making it difficult for banks to assign or sell their commercial property to the secondary market impedes, versus promotes, good public policy.
That's right, good public policy! Ka-ching!  Read Horvitz and improve your mind (just know his recommendations are no good, but they take just a page at the end of the book.)

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