This Article argues that when credit suppliers market and advertise their credit products, they utilize and enhance consumers’ cognitive biases, particularly their optimism bias and illusion of control. We apply the concept of manipulation to this practice. The biased and manipulated debtors attribute unrealistically low probability to negative life events, such as job loss, illness, accident or divorce, and high probability to positive life events. As a result of the manipulation, the biased debtors are triggered to borrow more than they (...) would have borrowed otherwise. This additional borrowing may contribute to the default of these debtors and to their eventual bankruptcy. Empirical studies of the causes of bankruptcy show that before their default, bankrupts have often experienced negative life events that decrease income, increase expenses, or both. The bias and its manipulation justify legal intervention. The Article discusses various justifications for legal intervention and offers tentative and partial prescriptions for intervention. It analyzes the comparative advantages and shortcomings of ex ante intervention, in the form of regulation of credit marketing practices and credit contracts, of tax and insurance, and ex post intervention, at the bankruptcy stage. Its main contribution is in bringing together bodies of literature on cognitive biases, consumer decision making, lifecycle, social influence, advertising and marketing, behavioral law and economics, economic analysis of bankruptcy and socio-legal studies of bankruptcy. By combining these bodies of literature, the Article provides a new perspective on bankruptcy and credit and offers a promising framework for future work. (shrink)

At a time when trade union activity is becoming more global, the article provides a theoretical framework that places a moral obligation on unions towards work migrants from the time they take a first step in the direction of movement, and continuing after they enter the receiving country and throughout the period of their work. The argument is based on theories of global justice and offers a three-axis framework that enables a complex analysis of union responsibility: direct and political responsibility, (...) labour connectedness and solidarity. The moral obligation of unions stemming from global justice differs from the citizenship-based model or that of human rights. Its basis is global. Such an obligation should be recognized by various institutions, including the courts, thereby adding a global dimension to rights relating to collective action, such as the right to unionize, the right to collective bargaining and the right to strike. The article analyses the ECJ’s decisions in the Viking and Laval cases, showing how the court failed to recognize this global dimension, and claiming that if such recognition were to be extended, a more accurate balance could be achieved between rights relating to collective action and economic interests in an era of globalization. (shrink)

In this Article we offer a new conceptualization of industrial citizenship, which is sensitive to gender and migration status. Our conceptualization builds on the theoretical distinction between active and passive citizenship and the analyses of active industrial citizenship. We suggest that active industrial citizenship should be detached from the old and influential tradition of trade unionism that is connected with the public/private divide. Our proposed conceptualization leads to attaching value to activities related to ethics of care and to the pursuit (...) of legal status, which should be seen as forms of activism. The discussion focuses on organizing domestic workers. We argue that this new conceptualization of active industrial citizenship leads to the recognition of domestic workers as active industrial citizens, rather than passive victims of abuse. It also transforms the way we view organizational forms within the labor market, making it possible to appreciate on an equal basis membership in trade unions and participation in NGOs and other civil society organizations, thereby building cooperation as well as taking part in other aspects of public life. We ground our argument on theoretical literature as well as a qualitative study, a series of interviews with key trade union and NGO actors with expertise in organizing and supporting domestic workers in Israel and the United Kingdom. (shrink)