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Ray Brescia
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Ray Brescia is an Assistant Professor of Law at Albany Law School. He earned his B.A. at Fordham University and his J.D. at Yale Law School. His recent publications address a range of topics related to the financial crisis, as well as the role of progressive lawyering today. To view Ray's scholarly articles, check out his Social Science Research Network page at http://ssrn.com/author=956109

During the 2011-2012 academic year, he served as a Visiting Clinical Associate Professor of Law at Yale Law School. Prior to joining the academy, Ray was the Associate Director of the Urban Justice Center in New York, N.Y., where he coordinated legal representation for community-based institutions in areas such as housing, economic justice, workers' rights, civil rights and environmental justice. He has also served as an adjunct professor at New York Law School, as a staff attorney at New Haven Legal Assistance and the Legal Aid Society of New York, where he was a recipient of a Skadden Fellowship after graduation from law school. He also served as Law Clerk to the Honorable Constance Baker Motley, Senior U.S. District Court Judge for the Southern District of New York.

Blog Entries by Ray Brescia

On the Least Dangerous Branch and the Politics of Judging

(1) Comments | Posted May 8, 2013 | 4:53 PM

The Supreme Court has long enjoyed a reputation for fairness and impartiality. Although trust in the Court has waned somewhat in recent years, recent revelations threaten that reputation, and recent research shows how politics may be seeping into the decisions of the Supreme Court as well as those...

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Blaming the Victim, Redux: More Hijinx Around the Causes of the Financial Crisis

(1) Comments | Posted March 5, 2013 | 3:27 PM

A recent issue of Bloomberg Businessweek announced the strengthening of the housing market with a cover that was as misleading as it was unseemly. Under the headline "The Great American Housing Rebound: Flips. No-look bids. 300 percent returns. What could possibly go wrong?", the cover portrayed a house...

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Innovation and the Second Amendment: How James Bond Technology Can Help Stem the Tide of Slaughter

(8) Comments | Posted December 17, 2012 | 5:45 PM

In his recent heartfelt address, President Obama stated it is time for "meaningful action" on gun control. It is often said that one of the main impediments to such action is the Second Amendment to the Constitution. According to the Supreme Court, the Amendment protects the right of...

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The Inequality Agenda: A Theme for Obama's Second Term

(0) Comments | Posted November 9, 2012 | 3:29 PM

Now that the election has concluded, it is time to get to the business of planning what the next four years could look like politically. Addressing the devastation of the Northeast from Sandy should certainly take the highest priority, and the fiscal cliff should follow right after but beyond that,...

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Sandy, Social Media and Journalism's New Frontier

(0) Comments | Posted October 31, 2012 | 9:08 AM

I'm not exactly sure when on Monday night that it happened, but sometime around 10 p.m. I realized that my Twitter feed and Facebook page were delivering far more interesting, consistent and complete coverage of Sandy's havoc than the televised news ever could.

By now, the trope that is...

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Scoring the Banks: The Community Impact Record Card as a New Tool for Measuring Bank Performance in Meeting Community Needs

(2) Comments | Posted October 2, 2012 | 10:04 AM

At a time when trust in our nation's banks is at a 40-year low, consumers need a way to feel confident that the bank they use is meeting their needs. They need the ability to comparison shop between banks to make sure they are bringing their business to the bank...

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Democracy and Inequality: Tocqueville for the 99%

(0) Comments | Posted July 23, 2012 | 7:39 PM

At the same time that we are learning about Mitt Romney's Cayman Islands tax shelters, low effective tax rate, and alleged outsourcing of jobs overseas, dark money is pouring into the presidential election in torrents. All indications are that if economic inequality in the United States is not...

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Game of Robes: Why Conservatives May Ultimately Praise the Roberts Switch on Health Care Reform

(1) Comments | Posted July 6, 2012 | 10:00 AM

Shifting alliances, unclear loyalties, palace intrigue, broken vows, poisonous edicts and bitter rivals: just when you think you've got it all figured out, someone switches sides, enemy becomes ally, villain becomes hero and victory is grabbed from the clutches of defeat. That's the vertiginous feeling one gets when watching the...

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Fomenting Fraud: How Weak Enforcement of Bank Misbehavior Threatens to Bring About the Next Financial Crisis

(8) Comments | Posted July 2, 2012 | 1:12 PM

Results of a recent Gallup Poll reveal that the American public's trust in banks has hit a record low. Just 21 percent of Americans have faith in the nation's banks, the lowest recorded number since the poll was first taken in 1973. It is lower now than it...

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This American Right: On Genocide and the Supreme Court

(17) Comments | Posted June 22, 2012 | 6:04 PM

A recent and stunning report by This American Life, in conjunction with Pro Publica, tells the story of a decades-old atrocity committed by government troops in the Guatemalan Civil War of the 1980s. The report describes the massacre at Dos Erres, a tiny village in rural Guatemala. This...

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One Way Forward in Housing: Mortgage Discrimination Cases Begin to Gain Traction

(0) Comments | Posted June 11, 2012 | 3:39 PM

Over the last six months, three mortgage lenders reached settlements over claims of mortgage discrimination that arose during the height of the housing frenzy of the last decade. Whether these settlements are the beginning of the end of efforts to draw attention to race-based predatory lending during the housing bubble,...

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Trust, but Verify: Recent Revelations Make the Case for More Responsive, and Responsible, Banking

(0) Comments | Posted March 22, 2012 | 9:50 AM

The recent resignation confessional by a (now) former Goldman Sachs executive offers just the latest insight into the way that some bankers may view their customers: as a means to higher bank profits, regardless of what is in the best interests of those clients. Greg Smith, a former...

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A Trust Deficit? Look to the Inequality

(1) Comments | Posted January 20, 2012 | 10:28 AM

Americans' trust in all institutions, including government, media and business, has dropped across-the-board after a slight rise in 2010. In a post announcing the suspension of his campaign for the Republican nomination, as he had done on the campaign trail, Jon Huntsman decried a "deficit of...

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2012: For Banks, The Year Of Fear And Litigation, And A Chance For Peace

(12) Comments | Posted January 11, 2012 | 3:14 PM

Last year was a banner year for litigation addressing a decade's worth of risky bank behavior. Financial institutions agreed to pay billions in penalties and fines to resolve allegations of securities fraud and lending discrimination during the lead up to and fallout from the financial crisis. But the payments made...

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The People's Bailout: How Occupy Wall Street Could Help Millions, and Bring More Supporters Into the Fold

(3) Comments | Posted October 18, 2011 | 9:10 AM

The Occupy Wall Street movement has caught on like wildfire, and is spreading to smaller cities and towns throughout the country, and large cities throughout the world. Will it be able to sustain itself? Will it be able to convert kinetic energy into lasting reform? A lot will depend on...

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Return of the Incredible HOLC: How a Depression-Era Program Could Help Solve the Housing Puzzle

(4) Comments | Posted September 26, 2011 | 11:41 AM

The Obama Administration is struggling to find answers to the housing market puzzle. Interest rates are the lowest they have been in living memory. "For Sale" signs are plentiful on lawns throughout the country. One would think there has never been a better time to purchase a home. Yet the...

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Supreme Court Declares "Mission Accomplished" in Class War: Rich Win

(16) Comments | Posted June 28, 2011 | 11:20 AM

In yesterday's narrow 5-4 ruling, a majority of the justices on the U.S. Supreme Court ruled yet again in favor of rich donors over everyone else. This opinion, in particular, enters the annals of the truly bizarre. The Court deemed unconstitutional Arizona's "Clean Elections Act": not...

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The Other Decision: The Supreme Court Extinguishes Creative Climate Change Litigation

(19) Comments | Posted June 22, 2011 | 11:11 AM

Lost in some of the reaction to the Supreme Court's decision halting a national class action over sex discrimination in Wal-Mart was the high court's opinion, issued on the same day, which stopped some other creative litigation that had come before it: a pair of lawsuits filed by...

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When Cities Sue: Local Governments Take a Bank to Court

(9) Comments | Posted May 23, 2011 | 4:27 PM

From the time of early English common law, the era of the colonial and early American courts and straight through to the present, state and local governments have used litigation to rein in harmful and abusive practices. Over the years, such government-led lawsuits have sought to punish a range of...

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Robo-Sign Scandal Gives State Attorneys General Opportunity to Move Towards a Resolution of the Foreclosure Crisis.

(9) Comments | Posted December 17, 2010 | 2:21 PM

In the fall of 2010, in one of the largest scandals to ever hit the American court system, information gathered from lawsuits across the country revealed that tens of thousands of foreclosure filings were likely fraudulent -- if not outright criminal. These revelations sparked a nation-wide investigation by all 50...

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