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The Easy Case Of The Priority Of Secured Claims In Bankruptcy, Steven L. Schwarcz
The Easy Case Of The Priority Of Secured Claims In Bankruptcy, Steven L. Schwarcz
Duke Law Journal
For years, scholars have questioned the efficiency of secured debt, many suggesting that it transfers uncompensated risk to unsecured creditors. However, prior writing on the value of secured debt ignores the distinction between the use and the availability of secured credit. As a result, previous models of secured debt erroneously assume that a debtor that can borrow on an unsecured basis will nevertheless borrow on a secured basis to reduce interest cost. This Article combines theory, experience, and empirical tests to show that earlier models do not reflect the expected behavior of an economically rational debtor. These models fail to …
Symbolic Statues And Real Laws: The Pathologies Of The Antiterrorism And Effective Death Penalty Act And The Prison Litigation Reform Act, Mark Tushnet, Larry Yackle
Symbolic Statues And Real Laws: The Pathologies Of The Antiterrorism And Effective Death Penalty Act And The Prison Litigation Reform Act, Mark Tushnet, Larry Yackle
Duke Law Journal
Criminals are not popular. No politician in recent memory has lost an election for being too tough on crime. In 1996, the Republican Congress and the Democratic President collaborated on two major statutes affecting the legal protections available to criminals. The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) modifies the habeas corpus statute in a number of ways, affecting the disposition of federal post-conviction challenges to all criminal convictions, not just those resulting in death sentences. The Prison Litigation Reform Act (PLRA) addresses lawsuits filed by prisoners challenging the conditions of their confinement. The PLRA covers both suits …
The Least Among Us: Unconstitutional Changes In Prisoner Litigation Under The Prison Litigation Reform Act Of 1995, Julie M. Riewe
The Least Among Us: Unconstitutional Changes In Prisoner Litigation Under The Prison Litigation Reform Act Of 1995, Julie M. Riewe
Duke Law Journal
I don't like prisoners. Nobody pretends to like them, but every once in a while, one of these people is right. And a society is judged by how it treats the least among it, not the best. I'm not worried about how presidents of banks and chairmen of the board and of country clubs are treated, or star quarterbacks, or other prima donnas. The job of the Constitution is to make sure that everyone is treated properly. [Prisoners] fall[] into the everybody category.
Céad Míle Fáilte? Ireland Welcomes Divorce: The 1995 Irish Divorce Referendum And The Family (Divorce) Act Of 1996, Christine P. James
Céad Míle Fáilte? Ireland Welcomes Divorce: The 1995 Irish Divorce Referendum And The Family (Divorce) Act Of 1996, Christine P. James
Duke Journal of Comparative & International Law
No abstract provided.
Investment At An Impasse: Russia’S Production-Sharing Agreement Law And The Continuing Barriers To Petroleum Investment In Russia, Mark A. Stoleson
Investment At An Impasse: Russia’S Production-Sharing Agreement Law And The Continuing Barriers To Petroleum Investment In Russia, Mark A. Stoleson
Duke Journal of Comparative & International Law
No abstract provided.
Upholding The Public Trust In State Constitutions, Matthew Thor Kirsch
Upholding The Public Trust In State Constitutions, Matthew Thor Kirsch
Duke Law Journal
No abstract provided.
Golden Rules For Transboundary Pollution, Thomas W. Merrill
Golden Rules For Transboundary Pollution, Thomas W. Merrill
Duke Law Journal
No abstract provided.
Cadenced Power: The Kinetic Constitution, Laura S. Fitzgerald
Cadenced Power: The Kinetic Constitution, Laura S. Fitzgerald
Duke Law Journal
No abstract provided.
Refining Product Market Definition In The Antitrust Analysis Of Bank Mergers, Tim Mccarthy
Refining Product Market Definition In The Antitrust Analysis Of Bank Mergers, Tim Mccarthy
Duke Law Journal
No abstract provided.