Textualism, the Unknown Ideal?

WN Eskridge Jr - 1998 - JSTOR
In May 1997, the New York Knickerbockers basketball team was poised to reach the finals of
its division in the National Baske ball Association (NBA). The Knicks led the rival Miami Heat …

[图书][B] Failure and forgiveness: Rebalancing the bankruptcy system

K Gross - 1999 - books.google.com
In 1996 a record one million-plus bankruptcy cases were filed in the United States. In this
important book, an eminent legal authority provides an accessible introduction to and …

[图书][B] The theory and practice of statutory interpretation

FB Cross - 2008 - books.google.com
Today, statutes make up the bulk of the relevant law heard in federal courts and arguably
represent the most important source of American law. The proper means of judicial …

Free-World Law Behind Bars

A Littman - Yale LJ, 2021 - HeinOnline
What law governs American prisons and jails, and what does it matter? This Article offers
new answers to both questions. To many scholars and advocates," prison law" means the …

Rethinking freedom of contract: A Bankruptcy paradigm

SL Schwarcz - Tex. L. Rev., 1998 - HeinOnline
In recent years, bankruptcy courts have given conflicting answers to the question: May a
prepetition debtor 3 contractually waive bankruptcy protections? 4 More recently, scholars …

Bankruptcy injunctions and complex litigation: a critical reappraisal of non-debtor releases in Chapter 11 reorganizations

R Brubaker - U. Ill. L. Rev., 1997 - HeinOnline
The reorganization provisions of Chapter 11 of the Bankruptcy Code enable a business
debtor to achieve a complex and comprehensive financial restructuring through the …

Asset Securitization: The Unsecured Creditor's Perspective

LR Lupica - Tex. L. Rev., 1997 - HeinOnline
1. Asset leasing involves the" transfer of the right to possession and use of goods for a term
in return for consideration." UCC § 2A-103 (1)(j)(1994). 2. Project finance refers to a method …

Unwritten Law and the Odd Ones Out

VSJ Buccola - Yale LJ, 2021 - HeinOnline
To understand the logic of corporate reorganization, one should start not with the Bankruptcy
Code, nor with Supreme Court precedents, but with the lawyers, judges, and financiers for …

Understanding failure: examiners and the bankruptcy reorganization of large public companies

JC Lipson - Am. Bankr. LJ, 2010 - HeinOnline
How do we learn from-and about-our mistakes? When a business succeeds, it will be in a
position to tell the world how and why it built a better mousetrap. Success has a thousand …

Textualism's Failures: A Study of Overruled Bankruptcy Decisions

DJ Bussel - Vand. L. Rev., 2000 - HeinOnline
Professor Bussel presents new empirical evidence bearing on the efficacy of textualism as a
method of statutory interpretation. Bankruptcy cases subsequently overruled by statute are …