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Consent To Student Loan Bankruptcy Discharge, John P. Hunt
Consent To Student Loan Bankruptcy Discharge, John P. Hunt
Indiana Law Journal
As the Department of Education reconsiders its rules governing consent to discharge of federal student loans in bankruptcy, this Article argues for the first time that the Department should approach the problem specifically as an operator of programs to promote education and benefit students, rather than as an entity interested only in debt collection. This Article shows that the Department’s rules to date have treated whether to consent to discharge primarily as a pecuniary issue, without regard to the educational goals of the student loan programs. For example, the Department apparently has never considered whether making it difficult to discharge …
Reforming Institutions: The Judicial Function In Bankruptcy And Public Law Litigation, Kathleen G. Noonan, Jonathan C. Lipson, William Simon
Reforming Institutions: The Judicial Function In Bankruptcy And Public Law Litigation, Kathleen G. Noonan, Jonathan C. Lipson, William Simon
Indiana Law Journal
Public law litigation (PLL) is among the most important and controversial types of dispute that courts face. These civil class actions seek to reform public agencies such as police departments, prison systems, and child welfare agencies that have failed to meet basic statutory or constitutional obligations. They are controversial because critics assume that judicial intervention is categorically undemocratic or beyond judicial expertise.
This Article reveals flaws in these criticisms by comparing the judicial function in PLL to that in corporate bankruptcy, where the value and legitimacy of judicial intervention are better understood and more accepted. Our comparison shows that judicial …
Are Charter Schools The Second Coming Of Enron?: An Examination Of The Gatekeepers That Protect Against Dangerous Related-Party Transactions In The Charter School Sectors, Preston C. Green Iii, Bruce D. Baker, Joseph O. Oluwole
Are Charter Schools The Second Coming Of Enron?: An Examination Of The Gatekeepers That Protect Against Dangerous Related-Party Transactions In The Charter School Sectors, Preston C. Green Iii, Bruce D. Baker, Joseph O. Oluwole
Indiana Law Journal
INTRODUCTION
OVERVIEW OF ENRON
A. ENRON AND DEREGULATION
B. THE LJM SPES
C. ENRON’S COLLAPSE
II: ENRON’S GATEKEEPER PROBLEMS
A. ARTHUR ANDERSEN
B. INDEPENDENT ANALYSTS
C. CREDIT RATING AGENCIES
D. ENRON’S BOARD OF DIRECTORS
E. SECURITIES AND EXCHANGE COMMISSION (SEC)
III: CHARTER SCHOOLS AND RELATED-PARTY TRANSACTIONS
A. CHARTER SCHOOL DEREGULATION AND PRIVATE INVESTORS
B. EXAMPLES OF ENRON-LIKE RELATED-PARTY TRANSACTIONS
1. IMAGINE SCHOOLS
2. IVY ACADEMIA CHARTER SCHOOL
3. AMERICAN INDIAN MODEL CHARTER SCHOOLS
4. GRAND TRAVERSE ACADEMY
5. PENNSYLVANIA CYBER CHARTER SCHOOL
C. THE FEDERAL GOVERNMENT, RELATED-PARTY TRANSACTIONS, AND THE NEED FOR STRONG GATEKEEPING
IV: CHARTER SCHOOL GATEKEEPERS
A. AUDITORS …