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Articles 31 - 58 of 58
Full-Text Articles in Bankruptcy Law
The Earmarking Defense To Voidable Preference Liability: A Reconceptualization, William H. Widen, David Gray Carlson
The Earmarking Defense To Voidable Preference Liability: A Reconceptualization, William H. Widen, David Gray Carlson
Articles
No abstract provided.
Embracing Descent: The Bankruptcy Of A Business Paradigm For Conceptualizing And Regulating The Legal Profession, Jeffrey W. Stempel
Embracing Descent: The Bankruptcy Of A Business Paradigm For Conceptualizing And Regulating The Legal Profession, Jeffrey W. Stempel
Scholarly Works
Lawyers are said to travel in packs, or at least pairs, and in the popular parlance are often compared to hoards of locusts, herds of cattle, or unruly mobs. However, at least for purposes of assessing concerns with professionalism currently surrounding the bar and the public, whether attorneys are more or less social than other human animals does not matter. My point is simply that lawyers are social beings; like other human beings in social and occupational groups, lawyers behave largely in accordance with group norms, in much the same way peer pressure led Julian English toward juvenile delinquency in …
Brandeis, Progressivism, And Commercial Law: Rethinking Benedict V. Ratner, Edward J. Janger
Brandeis, Progressivism, And Commercial Law: Rethinking Benedict V. Ratner, Edward J. Janger
Faculty Scholarship
No abstract provided.
Rights Of Subrogation In Letters Of Credit Transactions, James J. White
Rights Of Subrogation In Letters Of Credit Transactions, James J. White
Articles
The past twenty years have seen more than a dozen cases, in which parties to letter of credit transactions have sought subrogation to the rights of the person they have paid or to the rights of the persons on behalf of whom, they have acted.' The most obvious case arises when the issuer of a standby letter of credit pays a beneficiary on a debt that is owed to the beneficiary by a bankrupt applicant. Having failed to take 'collateral from the applicant, the issuer seeks to be subrogated to the security interest of the beneficiary. Failing subrogation, the issuer …
Bankruptcy In The Seventh Circuit: 1995, Douglass Boshkoff
Bankruptcy In The Seventh Circuit: 1995, Douglass Boshkoff
Articles by Maurer Faculty
No abstract provided.
The Fdic's Fraudulent Conveyance Power Under The Crime Control Act Of 1990: Bank Insolvency Law And The Politics Of The Iron Triangle, Edward J. Janger
The Fdic's Fraudulent Conveyance Power Under The Crime Control Act Of 1990: Bank Insolvency Law And The Politics Of The Iron Triangle, Edward J. Janger
Faculty Scholarship
No abstract provided.
The Fault Is In Ourselves, Roger J. Miner '56
Bankruptcy In The Seventh Circuit: 1994, Douglass Boshkoff
Bankruptcy In The Seventh Circuit: 1994, Douglass Boshkoff
Articles by Maurer Faculty
No abstract provided.
Conspiracy, Literalism, And Ennui At The Supreme Court: An Examination Of Bankruptcy Cases Decided From 1990- To 1993, Bruce A. Markell
Conspiracy, Literalism, And Ennui At The Supreme Court: An Examination Of Bankruptcy Cases Decided From 1990- To 1993, Bruce A. Markell
Articles by Maurer Faculty
No abstract provided.
Memorial Service, Judge Justin J. Mahoney, Roger J. Miner '56
Memorial Service, Judge Justin J. Mahoney, Roger J. Miner '56
Judges
No abstract provided.
Hail Britannia?: Institutional Investor Behavior Under Limited Regulation, John C. Coffee Jr., Bernard S. Black
Hail Britannia?: Institutional Investor Behavior Under Limited Regulation, John C. Coffee Jr., Bernard S. Black
Faculty Scholarship
A central puzzle in understanding the governance of large American public firms is why most institutional shareholders are passive. Why would they rather sell than fight? Until recently, the Berle-Means paradigm – the belief that separation of ownership and control naturally characterizes the modern corporation – reigned supreme. Shareholder passivity was seen as an inevitable result of the scale of modern industrial enterprise and of the collective action problems that face shareholders, each of whom owns only a small fraction of a large firm's shares.
A paradigm shift may be in the making, however. Rival hypotheses have recently been offered …
Bankruptcy In The Seventh Circuit: 1993, Douglass Boshkoff
Bankruptcy In The Seventh Circuit: 1993, Douglass Boshkoff
Articles by Maurer Faculty
No abstract provided.
Bankruptcy In The Seventh Circuit: 1992, Douglass Boshkoff
Bankruptcy In The Seventh Circuit: 1992, Douglass Boshkoff
Articles by Maurer Faculty
No abstract provided.
Bankruptcy In The Seventh Circuit: 1991, Douglass Boshkoff
Bankruptcy In The Seventh Circuit: 1991, Douglass Boshkoff
Articles by Maurer Faculty
No abstract provided.
Absolute Priority And New Value, James J. White
Absolute Priority And New Value, James J. White
Articles
This paper is based on a lecture given on December 6, 1990 ast the Second Annual Robert E. Krinock Lecture. The absolute priority rule is a specific application of the broader doctrine that reorganization plans must be "fair and equitable." Both have their origins in the railroad reorganization cases of the early 20th century. The general doctrine is now codified in section 1129(b)(2) of the Bankruptcy Code and the rule is codified in subsection 1129(b)(2)(B)(ii) which provides that the debtor must pay a nonconsenting class of unsecured creditors in full or "the holder of any claim or interest that is …
Bankruptcy In The Seventh Circuit: 1989-1990, Douglass Boshkoff
Bankruptcy In The Seventh Circuit: 1989-1990, Douglass Boshkoff
Articles by Maurer Faculty
No abstract provided.
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.
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.
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 …
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.
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.
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.
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.
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.
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).
Discharge In Bankruptcy Of Principal's Inchoate Obligation To Indemnify His Surety, Evans Holbrook
Discharge In Bankruptcy Of Principal's Inchoate Obligation To Indemnify His Surety, Evans Holbrook
Articles
In the recent case of R. P. Williams, et al. v. United States Fidelity and Guaranty Company, 35 Sup. Ct. 289, the United States Supreme Court has at last passed upon a question that has vexed the courts ever since the enactment of the Bankruptcy Act of 1898. As stated by the Supreme Court, the question is this: "Does a discharge in bankruptcy acquit an express obligation of the principal to indemnify his surety against loss by reason of their joint bond conditioned to secure his faithful performance of a building contract broken prior to the bankruptcy when the surety …
Exit Of Doctrine Of Situs, John R. Rood
Exit Of Doctrine Of Situs, John R. Rood
Articles
A decision rendered by the Supreme Court of the United States on the 8th day of last May seems to mark the elimination of the doctrine of situs as a jurisdictional question in garnishment and attachment proceedings in the United States.