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After more than three decades during which it gave the issue scant attention, the Supreme Court has again made the… Continue reading →

Stock‐market–driven short‐termism is crippling the American economy, according to legal, judicial, and media analyses. Firms forgo the R&D they need,… Continue reading →

Design stands out among intellectual property subject matter in terms of the extent of overlapping protection available. Different forms of… Continue reading →

This Symposium marks the fortieth anniversary of the enactment of the 1978 Bankruptcy Code (the “1978 Code” or the “Code”)… Continue reading →

Bond workouts are a famously dysfunctional method of debt restructuring. The process is so ridden with opportunistic and coercive behavior… Continue reading →

Many current bankruptcy debates—from critical vendor orders to the Supreme Court’s decision last year in Czyzewski v. Jevic Holding Corporation—begin… Continue reading →

Spend a day in a busy bankruptcy court and your research agenda could be set for life. Bankruptcy is crisis… Continue reading →

The Bankruptcy Code deals first and foremost with the cash flow rights of the debtor’s various investors. The immediate cause… Continue reading →

A generation ago, the Creditors’ Bargain theory provided the first comprehensive normative theory of bankruptcy. Not least of its innovations… Continue reading →

Prior scholarship points to valuation disputes and valuation error as key drivers of Chapter 11 outcomes. Avoiding valuation disputes and… Continue reading →