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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 →

We are in the midst of a revolution in financial markets, as cryptocurrencies based on blockchain technology promise a smart,… Continue reading →

It is something between awkward and an honor to be asked, as the creators of this Symposium did, to be… 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 →