Articles
Priceless? The Competitive Costs of Credit Cards, UCLA Law Review (2008)
Merchants pay banks a fee on every credit card transaction. These credit card transactions cost...
Priceless? The Social Costs of Credit Card Merchant Restraints, Harvard Journal on Legislation (2008)
Who pays for credit card rewards? This Article demonstrates that credit card rewards programs are...
Payment Wars: The Merchant-Bank Struggle for the Control of Payment Systems, Stanford Journal of Law, Business & Finance (2007)
In recent years, the cost to merchants of accepting credit cards has risen dramatically without...
The Unconvincing Case for Incentive Compensation in Bankruptcy, University of Pennsylvania Law Review PENNumbra (2007)
This article is a response to Professor Yair Listokin's article: Paying for Performance in Bankruptcy:...
Finding Nemo: Rediscovering the Virtues of Negotiability in the Wake of Enron, Columbia Business Law Review (2006)
Creditors have long understood that any claims they submit for repayment in a bankruptcy might...
The Limits of Enron: Counterparty Risk Bankruptcy Claims Trading, Journal of Bankruptcy Law and Practice (2006)
Toward a Federal Common Law of Bankruptcy: Judicial Lawmaking in a Statutory Regime, American Bankruptcy Law Journal (2006)
Unpublished Papers
Resolving the Foreclosure Crisis: Modification of Mortgages in Bankruptcy (with Joshua S. Goodman), ExpressO (2008)
For over a century, bankruptcy has been the primary legal mechanism for resolving consumer financial...
The Effect of Bankruptcy Strip-Down on Mortgage Markets (with Joshua Goodman), Georgetown University Law Center Business, Economics and Regulatory Policy Working Paper Series, Research Paper No. 1087816; Public Law & Legal Theory Working Paper Series, Research Paper No. 1087816 (2008)
This paper summarizes the initial findings of our study on the effect of bankruptcy strip-down...
Presentations
Health Care Privacy Issues in Corporate Reorganizations (with Andrew Troop and Arthur Cormier), American Bankruptcy Institute 2007 New York City Bankruptcy Conference (2007)
Other
A Critique of the American Bankers Association's Study on Credit Card Regulation (2008)
This Critique takes issue with four of the main assertions of the American Bankers Association's...