Of the large, public companies that seek to remain in business through bankruptcy reorganization, only 70% succeed. The assets of the other 30% are absorbed into other businesses. Success is important both because it is efficient and it preserves jobs, communities, supplier and customer...

This article presents the findings of an empirical study of professional fee and expense awards by United States Bankruptcy Courts in 48 large public company bankruptcy cases concluded from 1998 through the first half of 2002. Data was gathered from fee applications and orders in the courts...

The vast majority of studies of the processing of employment discrimination claims have examined federal Title VII litigation and the EEOC. In virtually every state, however, claimants have the option of pursuing the same claims with state Fair Employment Employment Agencies (FEPA’s). State...

When lawsuits are resolved out of court, what determines the settlement amount? As a first approximation, the legal merits of the lawsuit matter, of course. Settlements are negotiated in the shadow of the law. But there is much more to settlement negotiations than the facts of the dispute and...

Since the price peak in 2006, home values have fallen more than 30%, leaving millions of Americans with negative equity in their homes. Until the Supreme Court's 1993 decision in Nobelman v. American Savings Bank, the bankruptcy system would have provided many such homeowners with a remedy. They...

Since the adoption of Uniform Commercial Code Article 9 in American jurisdictions in the 1960s, scholars have debated the desirability of the extraordinary priority given to secured creditors. Through a point-by-point comparison of English and American security interests, this article provides a...