Just three years ago, Congress enacted controversial amendments to the Bankruptcy Code. The proponents claimed that the changes would drive the quot;can payquot; debtors (of which there were supposedly many) from the bankruptcy courts with tough new income-based eligibility requirements. And...

International bankruptcy scholars well know the Maxwell case as probably the most important litigation precedent in this fledgling jurisprudential field. What they tend to know less about is the quot;back storyquot; of the redoubtable Robert Maxwell (born Jan Ludwick Hock). A towering,...

The legislative history of the 2005 revisions to the U.S. Bankruptcy Code has been well documented. Yet these revisions created a puzzle for political economists. If, as other scholars (mostly rightly) contend, American debtors enjoy lobbying power that would make their foreign counterparts...

Student loans are not dischargeable in personal bankruptcy proceedings in the United States. Why is that so? The answer to that question has remained largely unexamined in bankruptcy scholarship to date. Doctrinal and empirical pieces have sprouted up here and there (some quite good), but...

This article examines the stickiness of default rules and boilerplate terms in contract law. It argues that parties who choose to deviate from well entrenched defaults may face hurdles beyond the direct transaction costs of drafting. The mere deviation from standard terms by a proposing party...

The American Law Institute (quot;ALIquot;) and the National Conference of Commissioners on Uniform State Laws (quot;NCCUSLquot;) are in the process of revising the Uniform Commercial Code (quot;UCCquot;), and recently promulgated the final draft of Article 9. Their efforts have been hobbled by...

In this article I examine the treatment of e-commerce privacy policies in bankruptcy, and seek to show that recent proposals by Larry Lessig and others to protect data privacy through propertization, as well as legislative proposals which follow Lessig's lead, are legally and intellectually...