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Full-Text Articles in Social and Behavioral Sciences
Bankruptcy And Economic Recovery, Thomas H. Jackson, David A. Skeel Jr.
Bankruptcy And Economic Recovery, Thomas H. Jackson, David A. Skeel Jr.
All Faculty Scholarship
To measure economic growth or recovery, one traditionally looks to metrics such as the unemployment rate and the growth in GDP. And in terms of figuring out institutional policies that will stimulate economic growth, the focus most often is on policies that encourage investment, entrepreneurial enterprises, and reward risk-taking with appropriate returns. Bankruptcy academics that we are, we tend to add our own area of expertise to this stable— with the firm belief that thinking critically about bankruptcy policy is an important element of any set of institutions designed to speed economic recovery. In this paper, written for a book …
American Debtors' Prison: The Rise Of The New York Citizen As A Commercial Participant During The Early American Republic, 1800-1836, Ryan M. Braeger
American Debtors' Prison: The Rise Of The New York Citizen As A Commercial Participant During The Early American Republic, 1800-1836, Ryan M. Braeger
All Graduate Theses and Dissertations, Spring 1920 to Summer 2023
The following research explores the development of financial culture in the early American republic through the examination of New York's use of debtors' prisons. Beginning with the construction of the historical context surrounding the passage and abolition of the National Bankruptcy Act of 1800, the project takes use of a series of archival sources that exemplify the character of credit in early American economic practices. The emergence of republican financial culture was often at odds with federal judicial and legislative action, the result of which was the creation of state policy and third party organizations dedicated to solving the plight …
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 …