The Logic and Limits of Bankruptcy Law
Author | : Thomas H. Jackson |
Publisher | : Beard Books |
Total Pages | : 304 |
Release | : 2001 |
Genre | : Law |
ISBN | : 9781587981142 |
A careful analysis of the fundamentals of bankruptcy law.
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Author | : Thomas H. Jackson |
Publisher | : Beard Books |
Total Pages | : 304 |
Release | : 2001 |
Genre | : Law |
ISBN | : 9781587981142 |
A careful analysis of the fundamentals of bankruptcy law.
Author | : A. Mitchell Polinsky |
Publisher | : Elsevier |
Total Pages | : 981 |
Release | : 2007 |
Genre | : Droit |
ISBN | : 0444531203 |
"Law can be viewed as a body of rules and legal sanctions that channel behavior in socially desirable directions - for example, by encouraging individuals to take proper precautions to prevent accidents or by discouraging competitors from colluding to raise prices. The incentives created by the legal system are thus a natural subject of study by economists. Moreover, given the importance of law to the welfare of societies, the economic analysis of law merits prominent treatment as a subdiscipline of economics. This two volume Handbook is intended to foster the study of the legal system by economists. The two volumes form a comprehensive and accessible survey of the current state of the field. Chapters prepared by leading specialists of the area. Summarizes received results as well as new developments."--[Source inconnue].
Author | : David A. Skeel Jr. |
Publisher | : Princeton University Press |
Total Pages | : 296 |
Release | : 2014-04-24 |
Genre | : Business & Economics |
ISBN | : 1400828503 |
Bankruptcy in America, in stark contrast to its status in most other countries, typically signifies not a debtor's last gasp but an opportunity to catch one's breath and recoup. Why has the nation's legal system evolved to allow both corporate and individual debtors greater control over their fate than imaginable elsewhere? Masterfully probing the political dynamics behind this question, David Skeel here provides the first complete account of the remarkable journey American bankruptcy law has taken from its beginnings in 1800, when Congress lifted the country's first bankruptcy code right out of English law, to the present day. Skeel shows that the confluence of three forces that emerged over many years--an organized creditor lobby, pro-debtor ideological currents, and an increasingly powerful bankruptcy bar--explains the distinctive contours of American bankruptcy law. Their interplay, he argues in clear, inviting prose, has seen efforts to legislate bankruptcy become a compelling battle royale between bankers and lawyers--one in which the bankers recently seem to have gained the upper hand. Skeel demonstrates, for example, that a fiercely divided bankruptcy commission and the 1994 Republican takeover of Congress have yielded the recent, ideologically charged battles over consumer bankruptcy. The uniqueness of American bankruptcy has often been noted, but it has never been explained. As different as twenty-first century America is from the horse-and-buggy era origins of our bankruptcy laws, Skeel shows that the same political factors continue to shape our unique response to financial distress.
Author | : David Schleicher |
Publisher | : Oxford University Press |
Total Pages | : 249 |
Release | : 2023-06 |
Genre | : |
ISBN | : 0197629156 |
An authoritative review of the long history of federal responses to state and local budget crises, from Alexander Hamilton through the COVID-19 pandemic, that reveals what is at stake when a state or city can't pay its debts and provides policy solutions to an intractable American problem. What should the federal government do if a state like Illinois or a city like Chicago can't pay its debts? From Alexander Hamilton's plan to assume state debts to Congress's efforts to respond to the COVID-19 pandemic, many of the most important political disputes in American history have involved federal government responses to state or local fiscal crises. In a Bad State provides the first comprehensive historical and theoretical analysis of how the federal government has addressed subnational debt crises. Tracing the long history of state and local borrowing, David Schleicher argues that federal officials want to achieve three things when a state or city nears default: prevent macroeconomic distress, encourage lending to states and cities to build infrastructure, and avoid creating incentives for reckless future state budgeting. But whether they demand state austerity, permit state defaults, or provide bailouts-and all have been tried-federal officials can only achieve two of these three goals, at best. Rather than imagining that there is a single easy federal solution, Schleicher suggests some ways the federal government could ameliorate the problem by conditioning federal aid on future state fiscal responsibility, spreading losses across governments and interests, and building resilience against crises into federal spending and tax policy. Authoritative and accessible, In a Bad State offers a guide to understanding the pressing fiscal problems that local, state, and federal officials face, and to the policy options they possess for responding to crises.
Author | : Yale Law Journal |
Publisher | : Quid Pro Books |
Total Pages | : 323 |
Release | : 2016-03-30 |
Genre | : Law |
ISBN | : 1610278003 |
This issue of the Yale Law Journal (the fifth issue of academic year 2015-2016) features articles and essays by notable scholars, as well as extensive student research. The contents include: "Governance Reform and the Judicial Role in Municipal Bankruptcy," by Clayton P. Gillette & David A. Skeel, Jr. "Professional Speech," by Claudia E. Haupt "Casey and the Clinic Closings: When 'Protecting Health' Obstructs Choice," by Linda Greenhouse & Reva B. Siegel "Returning to Common-Law Principles of Insider Trading After United States v. Newman," by Richard A. Epstein The student contributions are: Note, "Will Putting Cameras on Police Reduce Polarization?," by Roseanna Sommers Note, "Federal Questions and the Domestic-Relations Exception," by Bradley G. Silverman Comment, "Toward an Efficient Licensing and Rate-Setting Regime: Reconstructing § 114(i) of the Copyright Act," by Joseph Pomianowski Quality digital editions include active Contents for the issue and for individual articles, linked footnotes, active URLs in notes, and proper digital and Bluebook presentation from the original edition.
Author | : Peter Conti-Brown |
Publisher | : Cambridge University Press |
Total Pages | : 341 |
Release | : 2012-05-21 |
Genre | : Business & Economics |
ISBN | : 1107023173 |
When States Go Broke discusses the ongoing fiscal crisis among the American states.
Author | : United States |
Publisher | : |
Total Pages | : 464 |
Release | : 1933 |
Genre | : Municipal bankruptcy |
ISBN | : |
Author | : Natalie Mrockova |
Publisher | : Bloomsbury Publishing |
Total Pages | : 403 |
Release | : 2021-01-28 |
Genre | : Law |
ISBN | : 1509932461 |
This fascinating study uses qualitative and quantitative data and insights from interviews with judges, lawyers, government officials, entrepreneurs, bankers, consultants, and academics in China and abroad, to provide a new perspective on the problems that have hindered the implementation of the Enterprise Bankruptcy Law in China, and recent attempts at reform. The analysis provides unique insights into China's business world and its interaction with the judicial and political system in China. In addition, the book also provides important information about how the Enterprise Bankruptcy Law affects foreign companies, agencies and governments that are active in China. The author draws on empirical data, decided cases and her experience of how the law and surrounding practices deal with foreign stakeholders whose interests are affected by corporate bankruptcy in China. The book will improve understanding of how China's corporate bankruptcy law has been used in practice, what has limited its practical effectiveness, whether it is desirable for the law to be used more readily in China, and the possible options for its reform.
Author | : Marc Galanter |
Publisher | : Quid Pro Books |
Total Pages | : 309 |
Release | : 2014-09-15 |
Genre | : Law |
ISBN | : 1610272420 |
This is the fortieth anniversary edition of a classic of law and society, updated with extensive new commentary. Drawing a distinction between experienced “repeat players” and inexperienced “one shotters” in the U.S. judicial system, Marc Galanter establishes a recognized and applied model of how the structure of the legal system and an actor’s frequency of interaction with it can predict outcomes. Notwithstanding democratic institutions of governance and the “majestic equality” of the courts, the enactment and implementation of genuinely redistributive measures is a hard uphill struggle. In one of the most-cited essays in the legal literature, Galanter incisively demolishes the myth that courts are the prime equalizing force in American society. He provides a penetrating analysis of the limitations and possibilities of courts as the source and engine of large-scale social change. Galanter’s influential article is now available in a convenient, affordable, and assignable book (in print and ebooks), with a new introduction by the author that explains the origins and aftermath of the original work. In addition, it features his 2006 article applying the original thesis to real-world dilemmas in legal structure and consequence today. The collection also adds a new Foreword by Shauhin Talesh of the University of California-Irvine and a new Afterword by Robert Gordon of Stanford. As Gordon points out, “The great contribution of the article was that it went well beyond local and contingent political explanations to locate obstacles to social reform and redistributive policies in the institutional structure of the legal system itself.” Gordon details ways in which Galanter’s prophesies have come true and even worsened over four decades. Talesh catalogs the article’s place in legal lore: “seminal, blockbuster, canonical, game-changing, extraordinary, pivotal, and noteworthy.” Talesh introduces how repeat players gain advantages in the legal system and how “Galanter set out an important agenda for legal scholars, sociologists, political scientists, and economists. In short, “every law and legal studies student should be required to read the article because it contextualizes the procedural system as something more than a set of rules that should be memorized and mechanically applied.” A powerful new addition to the Classics of Law & Society Series by Quid Pro Books. Features active contents, linked notes, active URLs, and linked Index.