A recent high-profile bankruptcy filing by Asarco has generated numerous demands among legal commentators, policy-makers, and the media for reform of bankruptcy law, environmental law, corporate law, or perhaps all three. The concern is that the current structures of these three areas of the law...

Legal commentators, policy-makers, and the media argue that the current structures of environmental, bankruptcy, and corporate law permit firms to strategically use bankruptcy to inappropriately displace hundreds of millions of dollars of environmental liability onto taxpayers. However, the...

Aldous Huxley's Brave New World paints a dark picture of a future society that deifies scientific progress. In Huxley's "Utopia," science controls individual opportunity and, hence, destiny. Heredity shapes the individual's place in society, so that from the moment of conception, a person's...

In 2005, Congress enacted a number of small business reforms aimed at improving the dismal plan confirmation and performance rates of Chapter 11 small business debtors. The reforms required increased reporting by and monitoring of small business debtors as well as “drop dead” dates for plan...

Nine years ago, I was an Assistant Professor of Business Law in the finance department at a public university's business school. At the start of my second year, a colleague, who had just earned tenure, began to engage in sexually aggressive behavior toward me. Like most victims of sexual...

This Article argues that the law has failed to hold institutions of higher education accountable for developing sexual harassment procedures that simply do not work for the vast majority of women on campus. The absence of any meaningful external check on procedure means that forces within the...

It has been almost ten years since I reported my colleague Alan White, a tenured professor in the finance department at Miami University's School of Business, for sexual harassment. In retrospect, I realize that reporting the harassment to my employer was not the wisest course of action. I "won"...