Chapter 5 focuses on the enforcement of credit contractual agreements and questions the meaning of trust in credit networks. Despite the norms of solidarity, cooperation, and fairness that characterized pre-industrial society, breach of agreement did occur. When lenders and debtors had exhausted all the possibilities available to settle their disagreement, taking the matter to court was often the last resort. The aim was to recover the money owed, but often the emotional and social implications of a lawsuit went beyond the simple economic dimension. Throughout the period, the burden of debt increased rapidly, as well as the number of discontented creditors. The apparent dichotomy is intriguing: on the one hand, financial arrangements were flexible and renegotiable, but on the other, contract enforcement at court was sought after. These lawsuits are rich sources of information for the historian. They highlight the shortcomings and failures of debtors, and the (im)patience of creditors. But above all, they display the dynamics of complex and multiple layers of social and economic relationships. Overall, this chapter reconstructs both transactional and dispute resolution practices in

Scores of lawsuits have pushed retirement plan sponsors to shorter, easier-to-navigate menus, but – as Ian Ayres and Quinn Curtis argue in this work – we’ve only scratched the surface of retirement plan design. Using participant-level plan data and straightforward tests, Ayres and Curtis show how plan sponsors can monitor plans for likely allocation mistakes and adapt menus to encourage success. Beginning with an overview of the problem of high costs and the first empirical evidence on retirement plan fee lawsuits, they offer an overview of the current plan landscape. They then show, based on reforms to a real plan, how streamlining menus, eliminating pitfalls, and adopting static and dynamic limits on participant allocations to certain risky assets or “guardrails” can reduce mistakes and lead to better retirement outcomes. Focusing on plausible, easy-to-implement interventions, Retirement Guardrails shows that fiduciaries need not be limited to screening out funds but can design menus to actively promote good choices.

The ability of the nobility to shore up its position in the face of demographic decline reached its limits in the seventeenth century. Xochimilco’s ongoing financial troubles, which had their twin origins in population loss and the dislocations brought by climate extremes of the Little Ice Age, further destabilized relations across class lines, as did the criminality of a ruling class that had become estranged from the old collective bonds of the community.examines labor drafts and town finances and presents a microhistory of crime and political violence to explain political change. The upheavals were part of a wider, global crisis of the seventeenth century. With the passing of the old dynastic rulers, an alternative basis for authority came into being. By the century’s end, a new cohort of officeholders came to dominate local government whose authority came to rest on good stewardship of the city’s finances and resources. Lineage and esteemed ancestry ceased to be key factors in local politics as non-native peoples began to assume positions of power at a time increasing ethnic and racial complexity.

Chapter 4 examines the legal, economic, and political life of the Free Womb law in the Colombian Pacific and the making of new racialized labor structures. For the first time, enslaved women were granted limited legal rights of maternity and motherhood over their children—at least those born after the promulgation of the 1821 law, which was at times malleably interpreted by lowland masters to defend their claims over Free Womb children. By carefully examining notes of sale, mining inventories, dowries, and wills, this chapter charts the formation in the northern Pacific lowlands of a parallel market for Free Womb children, which instantiated a new and at-times confusing regime of property rights. Reversals of the 1821 law are the subject of the chapter’s last section, which looks at extension of Free Womb bondage, partly inspired by the British Caribbean apprenticeship model established under the Slavery Abolition Act of 1833, in the aftermath of Colombia’s first civil war (1839–1842).

Chapter 8 examines legal actions brought against predatory subprime lenders and servicers. It briefly summarizes the results of allegations of fraud and violation of various federal and state securities and financial services law. This chapter also provides contextual analysis relating to claims brought against lenders under anti-discrimination law. The chapter commences with a brief overview of the types of settlements negotiated, and then turns to the specific financial firms that issued or serviced predatory mortgages and residential mortgage-backed securities. It unpacks, to the extent that public disclosures have allowed us to research, how the money, intended in part for consumers, is actually used. The chapter analyzes how the money from the settlements could have been more equitably distributed, and could have offered different signals to the mortgage industry going forward in such a way as to prevent the most recent forms of predatory lending. For the most part, investors in these banks, brokerage and servicing firms appear to have recouped a sizable amount of their losses. Consumer borrowers are not as fortunate.

Chapter 6 then explores how these individuals stymy housing development using a mix of quantitative analysis of meeting minutes, in-depth case studies, and dozens of interviews with government officials, developers, and community activists. We analyze the wide range of concerns raised by meeting attendees and how commenters use in-depth knowledge of local zoning regulations to raise objections to special permits and variances.