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Articles 1 - 21 of 21
Full-Text Articles in Administrative Law
The Intersection Of The Bankruptcy Courts And Ferc, Amanda Gazzo
The Intersection Of The Bankruptcy Courts And Ferc, Amanda Gazzo
Bankruptcy Research Library
(Excerpt)
In the past, the bankruptcy courts and the Federal Energy Regulatory Commission (“FERC”) have been involved in a power struggle with one another. Congress has granted bankruptcy courts exclusive authority to allow debtors to reject executory contracts in chapter 11 reorganization cases. Additionally, Congress has granted FERC authority to govern over utility entities’ filed-rates, which are sometimes contained in executory contracts. It is in this intersection, regarding executory contracts containing filed-rates, where the power struggle between the two exists.
An executory contract is a contract where both parties still have material obligations to perform under the contract. Filed-rates may …
Regulatory Innovation And Permission To Fail: The Case Of Suptech, Hilary J. Allen
Regulatory Innovation And Permission To Fail: The Case Of Suptech, Hilary J. Allen
Articles in Law Reviews & Other Academic Journals
The recent U.S. Supreme Court decision West Virginia v. EPA has cast a pall over the discretion of administrative agencies at a very inopportune time. The private sector is currently adopting new technologies at a rapid pace, and as regulated industries become more technologically complex, administrative agencies must innovate technological tools of their own in order to keep up. Agencies will increasingly struggle to do their jobs without that innovation, but the private sector is afforded something that is both critical to the innovation process, and often denied to administrative agencies: “permission to fail.” Without some grace for the inevitable …
Fraudulent Transfers And Juries: Was Granfinanciera Rightly Decided?, David G. Carlson
Fraudulent Transfers And Juries: Was Granfinanciera Rightly Decided?, David G. Carlson
Faculty Articles
In 1989, the Supreme Court ruled that a third party recipient of a fraudulent conveyance had a Seventh Amendment right to a jury trial when a bankruptcy trustee brought suit for a money judgment under Bankruptcy Code section 550(a). This was because, in 1791, an English bankruptcy trustee would have brought fraudulent transfer litigation in a court of law (not a court of equity) and would have obtained a money judgment. I maintain that the Supreme Court committed the classical logical error of Quaternio Terminorum—a false analogy. The analogy was that American bankruptcy trustees are like 18th century English bankruptcy …
The Guardian Trustee In Bankruptcy Courts And Beyond, Lindsey Simon
The Guardian Trustee In Bankruptcy Courts And Beyond, Lindsey Simon
Scholarly Works
Litigation systems create dangers of unfairness. Citizens worry, and should worry, about exploitive settlements in aggregate litigation, potential biases in administrative proceedings, and troubling power imbalances in criminal trials. Public confidence in adjudicative processes has eroded to an all-time low. This Article explores the untapped potential of adding independent watchdog entities to address systemic threats to the integrity of government decisionmaking. These entities, which I call “guardian trustees,” do not fit within the traditional framework of our adversary system. Though guardian trustees already operate in bankruptcy proceedings, they have thus far received little attention in scholarly literature. This Article begins …
Chapter 11 Shapeshifters, Lindsey Simon
Chapter 11 Shapeshifters, Lindsey Simon
Scholarly Works
Logic and equity would seem to demand that when administrative agencies are creditors to a bankrupt debtor, they should have the same status as other creditors. But a creditor agency retains its regulatory authority over the debtor, permitting it to continue with agency business such as conducting enforcement proceedings and awarding licenses. As a result, though bankruptcy law and policy both strongly support equal distribution of the estate, administrative agencies have been able to circumvent these goals through the use of “shapeshifting” behaviors. This Article evaluates two dangerous shapeshifting scenarios:
(1) where the agency avoids the limitations of creditor status …
Contract Hope And Sovereign Redemption, Anna Gelpern
Contract Hope And Sovereign Redemption, Anna Gelpern
Georgetown Law Faculty Publications and Other Works
Sovereign immunity has served as a partial substitute for bankruptcy protection, but it has encouraged a minority of creditors to pursue unorthodox legal remedies with spillover effects far beyond the debtor-creditor relationship. The attempt to enforce Argentina’s pari passu clause in New York is an example of such a remedy, which relies primarily on collateral damage to other creditors and market infrastructure to obtain settlement from a debtor that would not pay. The District Court decision, now on appeal before the Second Circuit, may not make holding out more attractive in future restructurings – but it would make participation less …
Lessons From The Nextwave Saga: The Federal Communications Commission, The Courts, And The Use Of Market Forms To Perform Public Functions, Rodger D. Citron, John A. Rogovin
Lessons From The Nextwave Saga: The Federal Communications Commission, The Courts, And The Use Of Market Forms To Perform Public Functions, Rodger D. Citron, John A. Rogovin
Scholarly Works
No abstract provided.
Valuation Averaging: A New Procedure For Resolving Valuation Disputes, Keith Sharfman
Valuation Averaging: A New Procedure For Resolving Valuation Disputes, Keith Sharfman
Rutgers Law School (Newark) Faculty Papers
In this Article, Professor Sharfman addresses the problem of "discretionary valuation": that courts resolve valuation disputes arbitrarily and unpredictably, thus harming litigants and society. As a solution, he proposes the enactment of "valuation averaging," a new procedure for resolving valuation disputes modeled on the algorithmic valuation processes often agreed to by sophisticated private firms in advance of any dispute. He argues that by replacing the discretion of judges and juries with a mechanical valuation process, valuation averaging would cause litigants to introduce more plausible and conciliatory valuations into evidence and thereby reduce the cost of valuation litigation and increase the …
Federal Oil Price Controls In Bankruptcy Cases: Government Claims For Repayment Of Illegal Overcharges Should Not Be Subordinated And “Penalties” Under 11 Usc §726(A)(4), Thomas A. Schweitzer
Federal Oil Price Controls In Bankruptcy Cases: Government Claims For Repayment Of Illegal Overcharges Should Not Be Subordinated And “Penalties” Under 11 Usc §726(A)(4), Thomas A. Schweitzer
Scholarly Works
No abstract provided.
Bankruptcy In The Administrative State, Theodore Eisenberg
Bankruptcy In The Administrative State, Theodore Eisenberg
Cornell Law Faculty Publications
Interstate Gas Pipeline Ratemaking And Contract Implications, Henry E. Brown
Interstate Gas Pipeline Ratemaking And Contract Implications, Henry E. Brown
Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)
61 pages.
Contains references.
Contains 7 attachments.
Creditors’ Rights Involved In The Production And Sale Of Natural Gas, William M. Schultz
Creditors’ Rights Involved In The Production And Sale Of Natural Gas, William M. Schultz
Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)
101 pages (includes forms).
Contains 6 attachments.
Contractual And Other Considerations Affecting Producers, Pipelines And Distributors During Current Period Of Market Demand Constraints [Outline], Michael J. Manning
Contractual And Other Considerations Affecting Producers, Pipelines And Distributors During Current Period Of Market Demand Constraints [Outline], Michael J. Manning
Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)
6 pages.
Off-System Sales: Will They Ever Return?, Paul F. O'Konski
Off-System Sales: Will They Ever Return?, Paul F. O'Konski
Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)
5 pages.
Section 311 And 312 Of The Natural Gas Policy Act Of 1978 And Hinshaw Pipelines, Lauren Eaton
Section 311 And 312 Of The Natural Gas Policy Act Of 1978 And Hinshaw Pipelines, Lauren Eaton
Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)
5 pages.
The Natural Gas Industry In Transition, Ruth A. Maurer
The Natural Gas Industry In Transition, Ruth A. Maurer
Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)
10 pages (includes illustrations).
Drafting And Interpreting Sensitive Gas Purchase Contract Provisions, William D. Watson
Drafting And Interpreting Sensitive Gas Purchase Contract Provisions, William D. Watson
Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)
8 pages.
Agenda: Natural Gas Symposium: Contract Solutions For The Future Of Regulatory Environment, University Of Colorado Boulder. Natural Resources Law Center, University Of Houston. Law Center
Agenda: Natural Gas Symposium: Contract Solutions For The Future Of Regulatory Environment, University Of Colorado Boulder. Natural Resources Law Center, University Of Houston. Law Center
Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)
Contents:
The natural gas industry in transition / Ruth A. Maurer -- Legislative prospects for wellhead pricing of natural gas / Richard G. Morgan -- Off-system sales : will they ever return? : the interstate side / Robert C. McHugh -- Off-system sales : will they ever return? / Paul F. O'Konski -- Contractual and other considerations affecting producers, pipelines and distributors during current period of market demand constraints / Michael J. Manning -- Section 311 and 312 of the Natural Gas Policy Act of 1978 and Hinshaw pipelines / Lauren Eaton -- Drafting and interpreting sensitive gas purchase contract …
Off-System Sales – Will They Ever Return? (The Interstate Side), Robert C. Mchugh
Off-System Sales – Will They Ever Return? (The Interstate Side), Robert C. Mchugh
Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)
27 pages (includes illustrations).
Contains 2 pages of references.
Contains 1 attachment.
Legislative Prospects For Wellhead Pricing Of Natural Gas, Richard G. Morgan
Legislative Prospects For Wellhead Pricing Of Natural Gas, Richard G. Morgan
Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)
162 pages.
Contains 16 attachments.
Prospects For Structural Reform Of The Bankruptcy System, Marjorie L. Girth
Prospects For Structural Reform Of The Bankruptcy System, Marjorie L. Girth
Faculty Publications By Year
No abstract provided.