Fighting Foreclosure The Blaisdell Case, the Contract Clause, and the Great Depression

Name: Fighting Foreclosure The Blaisdell Case, the Contract Clause, and the Great Depression
Price: 27.13 USD
Availability: InStock
ISBN: 9780700618729

ISBN-10: 0700618724

ISBN-13: 9780700618729

Edition: 2012

Authors: John A. Fliter, Derek S. Hoff

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Description:

In the depths of the Great Depression, when foreclosure rates skyrocketed across the United States, more than two dozen states passed mortgage-extension or -adjustment laws to help farmers and homeowners keep their properties. One such statute in Minnesota led to the most important property law case of its time and still casts a long shadow upon constitutional debates and our own era's severe economic downturn. Fighting Foreclosure marks the first book-length study of the landmark 1934 Supreme Court decision in Home Building and Loan Association v. Blaisdell, which, by a 5-4 vote, upheld the Minnesota Mortgage Moratorium Act. On the one hand, Blaisdell validated efforts by states to offer…

Book details

Copyright year: 2012
Publisher: University Press of Kansas
Publication date: 9/5/2012
Binding: Paperback
Pages: 232
Size: 5.50" wide x 8.25" long x 0.75" tall
Weight: 0.682
Language: English



Editors' Preface


Acknowledgments


Introduction



Origins of the Contract Clause



The Supreme Court and the Contract Clause Prior to Blaisdell



"And We Don't Mean Maybe": Farmers Demand a Holiday



Passing the Minnesota Mortgage Moratorium Act



The Minnesota Mortgage Moratorium Act in State Court



The Hughes Court: Four Horsemen, Three Musketeers, and Two Swingers



The Supreme Court Decides: A "Rational Compromise between Individual Rights and Public Welfare"



Reaction to the Blaisdell Decision



The Death of the Contract Cause?


Postscript on the Great Recession's Mortgage Crisis


Relevant Cases


Chronology


Bibliographical Essay


Index