Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 8 of 8

Full-Text Articles in Law

Living Wills And Pre-Commitment, Adam Feibelman Jan 2011

Living Wills And Pre-Commitment, Adam Feibelman

American University Business Law Review

No abstract provided.


Financial Crisis Containment, Anna Gelpern May 2009

Financial Crisis Containment, Anna Gelpern

Articles in Law Reviews & Other Academic Journals

This Article maps financial crisis containment - extraordinary measures to stop the spread of financial distress - as a category of legal and policy choice. I make three claims.

First, containment is distinct from financial regulation, crisis prevention and resolution. Containment is brief; it targets the immediate term. It involves claims of emergency, rule-breaking, time inconsistency and moral hazard. In contrast, regulation, prevention and resolution seek to establish sound incentives for the long term. Second, containment decisions deviate from non-crisis norms in predictable ways, and are consistent across diverse countries and crises. Containment invariably entails three kinds of choices: choices …


Preemption, Agency Cost Theory, And Predatory Lending By Banking Agents: Are Federal Regulators Biting Off More Than They Can Chew , Christopher L. Peterson Jan 2007

Preemption, Agency Cost Theory, And Predatory Lending By Banking Agents: Are Federal Regulators Biting Off More Than They Can Chew , Christopher L. Peterson

American University Law Review

A pitched battle is currently being waged for control of the American banking industry. For over a hundred years, the federal and state governments have maintained a complex, but relatively stable truce in their contest for power. At the beginning of our republic, state governments were the primary charterers and regulators of banks. In the wake of the Civil War, the National Bank Act created parity between federal and state banks, cementing the notion of a dual banking system that endured through the twentieth century. But in the past five years, the federal government has increasingly used its powers under …


A Few Lines, David G. Epstein Jun 2006

A Few Lines, David G. Epstein

American University Law Review

No abstract provided.


Testing The Limits Of Statutory Construction Doctrines: Deconstructing The 2005 Bankruptcy Act, John Rao Jun 2006

Testing The Limits Of Statutory Construction Doctrines: Deconstructing The 2005 Bankruptcy Act, John Rao

American University Law Review

No abstract provided.


Collecting Debts From The Ill And Injured: The Rhetorical Significance, But Practical Irrelevance, Of Culpability And Ability To Pay, Melissa B. Jacoby Dec 2001

Collecting Debts From The Ill And Injured: The Rhetorical Significance, But Practical Irrelevance, Of Culpability And Ability To Pay, Melissa B. Jacoby

American University Law Review

No abstract provided.


The Law-And-Markets Movement , Michael Abramowicz Jan 1999

The Law-And-Markets Movement , Michael Abramowicz

American University Law Review

No abstract provided.


Bankruptcy In Russia: The Evolution Of A Comprehensive Russian Bankruptcy Code, Paul Williams, Paul Wade Jan 1995

Bankruptcy In Russia: The Evolution Of A Comprehensive Russian Bankruptcy Code, Paul Williams, Paul Wade

Articles in Law Reviews & Other Academic Journals

This article traces the development of the current bankruptcy code, with it origins in the early economic laws of perestroika; explains key provisions of the current law; and comments on the prospects for its effective implementation. The intent of this article is to provide a balanced understanding of the Russian bankruptcy code useful both to the study of the emergence of a market-based economy in Russia and as a bankruptcy primer for individuals or corporations conducting business in Russia.