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The Cathedral' At Twenty-Five: Citations And Impressions, James E. Krier, Stewart J. Schwab Jan 1997

The Cathedral' At Twenty-Five: Citations And Impressions, James E. Krier, Stewart J. Schwab

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It was twenty-five years ago that Guido Calabresi and Douglas Melamed published their article on property rules, liability rules, and inalienability' Calabresi, then a law professor, later a dean, is now a federal judge. Melamed, formerly a student of Calabresi's, is now a seasoned Washington attorney. Their article-which, thanks to its subtitle, we shall call The Cathedral-has had a remarkable influence on our own thinking, as we tried to show in a recent paper2 This is not the place to rehash what we said then, but a summary might be in order. First, we demonstrated that the conventional wisdom about …


The Virtue Of Speed In Bankruptcy Proceedings, James J. White Jan 1997

The Virtue Of Speed In Bankruptcy Proceedings, James J. White

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In my opinion the principal difficulty with Chapter 11 is that it gives strong incentives to various Chapter 11 players to distort the priorities that were intended by Congress.