Law Commons^™

The Bankruptcy Trust As A Legal Person, Thomas E. Plank

Scholarly Works

The purpose of this article is to show how the Bankruptcy Code authorizes the creation of the bankruptcy trust as a legal person. The filing of a petition under the Bankruptcy Code creates an "estate" consisting of enumerated property interests. The Code also provides for the appointment of a trustee-a separate bankruptcy trustee or, in chapter 11 or chapter 12 cases, the debtor in possession-with broad powers to act as the representative of the estate. The Code does not, however, expressly define the status of the estate as a legal entity. Although the Code occasionally speaks of the estate as …

Surviving The Politics Of Judging - National Association Of Administrative Law Judges Luncheon Address - September 13, 1999, Penny White

Scholarly Works

No abstract provided.

Tortious Interference With Business Relations: "The Other White Meat" Of Employment Law, Alex B. Long

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No abstract provided.

The Evolving Police Power: Some Observations For A New Century, Glenn Harlan Reynolds

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A review of state and federal courts decisions on the scope of state police powers suggests that the shift from the more restrictive sic utere principle to the more open salus populi principle may be reversing, with courts -- at least in cases involving sex and marriage -- taking a much more skeptical view of government objectives and justifications.

The Creditor In Possession Under The Bankruptcy Code: History, Text, And Policy, Thomas E. Plank

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No abstract provided.

Review Essay: Of Dissent And Discretion, Glenn Harlan Reynolds

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A review essay centering around Clay S. Conrad's Jury Nullification: The Evolution of a Doctrine, and focusing on the largely unexamined - and not always positive - role of prosecutorial discretion. Plus, some suggestions on how to ensure that such discretion is better supervised in the future.

Newly Available, Not Newly Discovered, Penny White

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No abstract provided.

Who Gets The Takings Claim? Changes In The Land Use Law, Pre-Enactment Owners, And Post-Enactment Buyers, Gregory M. Stein

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No abstract provided.

The Proper Scope Of The Copyright And Patent Power, Glenn Harlan Reynolds

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As an increasing amount of society's wealth is tied up in intangible assets, strong, clear property rights can make a good deal of sense. But it is also possible to have too much of a good thing, and our society is in danger of reaching that point. Recent scholarship suggests as much: a growing body of literature details the expansion of particular doctrines, the rising burden of IP-related transaction costs, or the pressing need for collective *46 institutions to mediate between individual firms and the mushrooming pile of IP rights they must traverse to do business.

In this Essay, we …

Recognizing Race In The American Legal Canon, Fran Ansley

Scholarly Works

No abstract provided.