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The Legal Profession Behind Bars: A Balanced Approach To Reforming The Bar Exam And Multijurisdictional Legal Practice, Stephanie A. Nadler Jan 2010

The Legal Profession Behind Bars: A Balanced Approach To Reforming The Bar Exam And Multijurisdictional Legal Practice, Stephanie A. Nadler

Stephanie A Nadler

At one time there may have been sound reasons for confining a lawyer’s skills and practice to a particular state. But in today’s legal market, that practice is antiquated. This paper will argue that the current state-centered system of legal practice in the United States operates inefficiently, and, due in part to the evolving transnational legal environment, the system requires reform at the national level. While one may expect to find that a particular state competes for applicants to take the bar exam or for attorneys to practice in that state, such competition does not exist. In fact, the current …


Where Have All The Lenders Gone?: "Loan To Own Transactions" In The Current Credit Market, Stephanie A. Nadler Dec 2009

Where Have All The Lenders Gone?: "Loan To Own Transactions" In The Current Credit Market, Stephanie A. Nadler

Stephanie A Nadler

Credit is not readily available in current markets. While distressed firms are in dire need of capital contributions, traditional lenders are not willing to make risky loans. Distressed firms have turned to hedge funds as lenders for much-needed capital. Thus, hedge funds engage in “loan to own” transactions, a lending technique that has recently drawn much criticism. In a loan to own transaction, the hedge fund makes a loan to a distressed company, while also taking an equity stake in the company. Pursuant to such activity, the hedge fund will generally gain a seat on the board of directors or …