The Creditors’ Bargain Reconstituted: Comments on Barry Adler’s The Creditors’ Bargain Revisited
In his book, The Logic and Limits of Bankruptcy Law, Thomas Jackson asserts that bankruptcy law should approximate the bargain… Continue reading →
Volume 167 (2019)
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Trolls & The Preemption Dilemma
Patent trolls account for most patent assertions and are often blamed for the increased costs of patent litigation. Congress and… Continue reading →
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Avoiding Legal Scrutiny: The U.S. Release of a Suspected ISIL Fighter to Avoid a Legal Challenge to the War on ISL
In September 2017, an American citizen known as John Doe, who had been fighting for ISIL in Syria, was turned… Continue reading →
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Is the Staggered Board Debate Really Settled?
The debate over staggered boards is heating up, largely because of the appearance of novel studies—including our own prior research—that… Continue reading →
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The Bankruptcy Firm
Bankruptcy scholars spend too much time thinking about distributional norms and not enough assessing the impact of bankruptcy rules on… Continue reading →