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UNJUST DEBTS

HOW OUR BANKRUPTCY SYSTEM MAKES AMERICA MORE UNEQUAL

An impassioned plea for confining bankruptcy to its core purpose of resolving just debts justly.

An exposé of the racial, class, and corporate biases in the U.S. bankruptcy system.

In her first book, Jacoby, a professor of law at the University of North Carolina, argues that bankruptcy has “fallen short” as a legal tool to provide debt relief for struggling individuals and families. Instead, it “entrenches existing hierarchies and power structures.” Under the federal Bankruptcy Code, individual bankruptcy places onerous demands on filers and tramples on their privacy, with Black filers suffering additional discrimination. The bankruptcy courts are more accommodating to businesses, which the author labels “fake people.” Businesses are able to retain their autonomy, and all debts, unlike for individuals, qualify for cancellation. In municipal bankruptcy filings (such as Detroit recently undertook), the courts favor financial claimants over public services. What most angers Jacoby are organizations such as Purdue Pharma or the Boy Scouts of America, which use the system to resolve civil liabilities resulting from the harm—e.g., opioid addiction, sexual abuse—that they have caused. Many of these filings occur when the organization is not seriously indebted. Such cases deny claimants a voice in the resolution, block them from pursuing civil cases, and grant minimal payments or none at all—“a promise to pay is not money.” Although the legal and administrative detail is at times daunting, Jacoby offers a convincing and mostly accessible assessment of how an ostensibly just system can be manipulated to be decidedly unjust. As for reform, she offers only general recommendations such as prohibiting the use of bankruptcy for litigation management and increasing transparency in corporate and municipal filings. Given the prevalence of personal and business bankruptcies and the ripple effects they induce (job loss, family disruption), this book is deserving of wide readership.

An impassioned plea for confining bankruptcy to its core purpose of resolving just debts justly.

Pub Date: June 11, 2024

ISBN: 9781620977866

Page Count: 320

Publisher: The New Press

Review Posted Online: March 29, 2024

Kirkus Reviews Issue: May 1, 2024

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THE GREATEST SENTENCE EVER WRITTEN

A short, smart analysis of perhaps the most famous passage in American history reveals its potency and unfulfilled promise.

Words that made a nation.

Isaacson is known for expansive biographies of great thinkers (and Elon Musk), but here he pens a succinct, stimulating commentary on the Founding Fathers’ ode to “life, liberty, and the pursuit of happiness.” His close reading of the Declaration of Independence’s second sentence, published to mark the 250th anniversary of the document’s adoption, doesn’t downplay its “moral contradiction.” Thomas Jefferson enslaved hundreds of people yet called slavery “a cruel war against human nature” in his first draft of the Declaration. All but 15 of the document’s 56 signers owned enslaved people. While the sentence in question asserted “all men are created equal” and possess “unalienable rights,” the Founders “consciously and intentionally” excluded women, Native Americans, and enslaved people. And yet the sentence is powerful, Isaacson writes, because it names a young nation’s “aspirations.” He mounts a solid defense of what ought to be shared goals, among them economic fairness, “moral compassion,” and a willingness to compromise. “Democracy depends on this,” he writes. Isaacson is excellent when explaining how Enlightenment intellectuals abroad influenced the founders. Benjamin Franklin, one of the Declaration’s “five-person drafting committee,” stayed in David Hume’s home for a month in the early 1770s, “discussing ideas of natural rights” with the Scottish philosopher. Also strong is Isaacson’s discussion of the “edits and tweaks” made to Jefferson’s draft. As recommended by Franklin and others, the changes were substantial, leaving Jefferson “distraught.” Franklin, who emerges as the book’s hero, helped establish municipal services, founded a library, and encouraged religious diversity—the kind of civic-mindedness that we could use more of today, Isaacson reminds us.

A short, smart analysis of perhaps the most famous passage in American history reveals its potency and unfulfilled promise.

Pub Date: Nov. 18, 2025

ISBN: 9781982181314

Page Count: 80

Publisher: Simon & Schuster

Review Posted Online: Aug. 29, 2025

Kirkus Reviews Issue: Oct. 1, 2025

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WHEN BREATH BECOMES AIR

A moving meditation on mortality by a gifted writer whose dual perspectives of physician and patient provide a singular...

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A neurosurgeon with a passion for literature tragically finds his perfect subject after his diagnosis of terminal lung cancer.

Writing isn’t brain surgery, but it’s rare when someone adept at the latter is also so accomplished at the former. Searching for meaning and purpose in his life, Kalanithi pursued a doctorate in literature and had felt certain that he wouldn’t enter the field of medicine, in which his father and other members of his family excelled. “But I couldn’t let go of the question,” he writes, after realizing that his goals “didn’t quite fit in an English department.” “Where did biology, morality, literature and philosophy intersect?” So he decided to set aside his doctoral dissertation and belatedly prepare for medical school, which “would allow me a chance to find answers that are not in books, to find a different sort of sublime, to forge relationships with the suffering, and to keep following the question of what makes human life meaningful, even in the face of death and decay.” The author’s empathy undoubtedly made him an exceptional doctor, and the precision of his prose—as well as the moral purpose underscoring it—suggests that he could have written a good book on any subject he chose. Part of what makes this book so essential is the fact that it was written under a death sentence following the diagnosis that upended his life, just as he was preparing to end his residency and attract offers at the top of his profession. Kalanithi learned he might have 10 years to live or perhaps five. Should he return to neurosurgery (he could and did), or should he write (he also did)? Should he and his wife have a baby? They did, eight months before he died, which was less than two years after the original diagnosis. “The fact of death is unsettling,” he understates. “Yet there is no other way to live.”

A moving meditation on mortality by a gifted writer whose dual perspectives of physician and patient provide a singular clarity.

Pub Date: Jan. 19, 2016

ISBN: 978-0-8129-8840-6

Page Count: 248

Publisher: Random House

Review Posted Online: Sept. 29, 2015

Kirkus Reviews Issue: Oct. 15, 2015

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