Establishing (e.g., perfecting) and enforcing a lien presents technical pitfalls and practical problems with which practitioners and courts are often unfamiliar or uncomfortable. After all, the law of liens requires an understanding of many different areas of the law, including the law of...

The Bankruptcy Code accords much more favorable treatment to lessors than to secured lenders, but legal scholars have yet to identify a normative justification for the disparate treatment of the two transaction types. Law-and-economics scholars have written off the lease/loan distinction as...

Dit artikel is een noot onder het arrest van het Hof van Beroep van Gent van 7 mei 1996, met betrekking tot de toepassing van de separatistenpositie van de onbetaalde verkoper van bedrijfsuitrusting bij faillissement.This paper is an annotation to Court of Appeal Ghent 7 May 1996, regarding the...

This paper explores the legal risks involved in depositing cryptocurrency with crypto-custodians such as crypto-exchanges. These risks materialize most acutely in case these crypto-custodians fall insolvent, which has happened over the last decade in several instances. Recent years have...

The bankruptcy courts are currently split on the appropriate choice of law rule, some contend that they must apply the forum state's choice of law rule while others contend that they are free to create a federal choice of law rule. This Article contends that the forum state's choice of law rule...

Research on the statutory license for certain types of copyright-protected content has revealed an unlikely symbiosis between uncertainty and efficiency. Contrary to received wisdom, which tells us that in order to increase efficiency, we must increase stability, this Article will show that...

This is a Comment on Troy A. McKenzie, "The Mass Tort Bankruptcy: A Pre-History", 5 J. Tort Law 59 (2012), which was prepared for "The Public Life of the Private Law: The Logic and Experience of Mass Litigation," a conference at Vanderbilt Law School in honor of the late Richard A. Nagareda.The...

In reflecting on the peculiar legal features of American Depositary Shares, this paper considers the hypothesis of insolvency of some of the relevant parties in the contractual scheme in order to extract the legal implications (both contractual and otherwise) arising from the use of ADRs as a...

The recharacterization of leasehold interests as mortgages has several hundred years of history and doctrinal development that focuses on the intent of the parties. Bankruptcy cases, however, have recently abandoned this body of law, replacing it sub silentio with a federal economic substance...