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Scott Pryor
Regent Univesity School of Law
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Outside bankruptcy creditors are on their own but the BC provides for collective, debtor-financed unsecured creditor representation through committees. Ditto in limited cases for shareholders. The justification for such subsidies is the collective, legally binding effects of bankruptcy reorganization. Service recipients (and taxpayers) are practically as much stakeholders as creditors; there is no principled reason to subsidize the collective action of one and not the others. It's equally the case that creditors "made their bed" with city government when they extended credit as did voters when they elected the city council but the former get Code-authorized representation while voters don't. The net effect is to shift risk away from market participants who generally are able to evaluate/hedge the risks and to residents who aren't. I think this is unfair.
All Aboard For Stockton
I recently posted elsewhere that the City of Stockton, California had filed a plan of adjustment to which the principal competing creditors--retirees (through their proxy CalPERS) and bondholders had agreed. Implementation of the plan was conditioned on Stockton residents agreeing to raise their...
I wonder if InfiLaw will maintain three locations in such close proximity.
It's Official! InfiLaw Buys Charleston School of Law
The news, such as it is, is here. Our prior post noting InfiLaw's management agreement with the school is here.
Sadly, had all levels of state government implemented the second sentence of sec. 24 of Art. IX of the Michigan Constitution, the first wouldn't be in play.
What's Happening in Detroit
Already the Detroit bankruptcy is producing a interesting bit of litigation about the interaction between state and federal law. Federal bankruptcy law sets up this problem because among the requirements for a municipality to file for Chapter 9 bankruptcy is that the municipality: is specificall...
It was a long search but I'm sure Judge Leonard will lead the Campbell community well.
Deanship Update: Campbell
Bankruptcy judge J. Rich Leonard has been named the new law dean at Campbell. Judge Leonard completed his undergraduate work at the University of North Carolina, and he earned a law degree at Yale. He has served on the bankruptcy court for the Eastern District of North Carolina since 1992. Ju...
Do as I say, not as I'm doing. I had begun reading and putting some initial thoughts in writing since the semester break but switched to a new topic a week ago. I hope to "catch the wave" in the chapter 9 bankruptcy of Stockton, CA. I have traditionally accumulated material over the course of the spring semester and worked to turn it into a good draft by the end of the summer. I suggest that folks not change course midstream but I feel I shouldn't pass up this opportunity.
How long a trajectory do other folks have between picking a topic and getting an article out the door?
Scholarship Tips
As the semester draws to a close, I'm sure many of us our thinking about scholarly projects for the summer. I wondered if now would be a good time to open a post to share some "scholarship tips". What is the most important thing you would advise colleagues, or want to make sure you remember to ...
It certainly made my day. I think I'll use it next time i teach secured transactions.
You Had Me At "UCC." (Alternative caption: "Make My Day.")
Here's one to add to the list of cases with great opening lines: For those who find great joy in reading about the Uniform Commercial Code ("UCC"), this case will make your day. Arthur Glick Truck Sales, Inc. v. Stuphen East Corp. (S.D.N.Y. 12/18/12; Hon. Kenneth M. Karas).
I interviewed Lauren on Thursday about her work. Podcast should be available next week. Very insightful.
Texas Leads the Way in Consumer Protection
Well, not really. But there is one small way in which Texas’ payday loan and auto title loan law has incorporated recent research on behavioral economics before other states, so I thought I’d use that title because it may be one of the few chances in my life to do so. Some behavioral economis...
Is there data on the average rates of interest on title loans?
Regulating Title Loans Blindfolded
I started thinking about title loans several years ago, and one of the arguments that you see over and over is that we need to prohibit title lending because it causes a lot of people to lose their car and their only way to work. Title loans are short-term, high-cost, small-dollar loans that ar...
Thanks for the post and the link to Fed's site. Perhaps it's a question of the target of the marketing for the card. I notice that my alma mater, the University of Wisconsin, does not have an affinity card but it's alumni association does (and brought in nearly $1 million in 2010). I have less concern about these sorts of tie-ins when the group to whom they're pitched are grads and not current students. Of course, the bank and alumni association can start marketing long before graduation which raises the moral/public welfare questions you raise.
Why Don’t Colleges Get Out of the Credit Card Business?
Thanks so much for the chance to be part of the Faculty Lounge this month. I’ve been reading since it was created, so I am happy to join in. I plan to blog about consumer credit issues–credit cards, title loans, and payday loans. The Consumer Financial Protection Bureau recently asked students...
Good to see you're in the Lounge, Jim. Looking forward to your input.
Please Welcome Jim Hawkins Into The Lounge
We welcome Jim Hawkins into the Lounge, as a guest for the month. Jim is an Assistant Professor at the University of Houston Law Center, where he teaches in the fields of consumer/commercial law. His scholarship has appeared, among other places, in the UCLA, William & Mary, Washington and Le...
A concept worth pursuing. I've previously posted at my blog about my experience teaching in an Indian National Law University. NLU's offer a five-year joint degree program with an LL.B. and another major from a limited number of options. Surely a six-year B.A./J.D. should work.
Moving Part of Legal Education to the Undergraduate Level - Advanced Placement for Law Schools
Legal education, and higher education more generally, is facing a cost crisis. As I will explain in subsequent posts, I’m not sure that the legal industry is facing a long-term shift in employment patterns. Regardless of patterns in employment outcomes, however, law schools (and other higher ed...
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