Articles

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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...

 

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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...

 

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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...

 

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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:...

 

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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...

 

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The Limits of Enron: Counterparty Risk Bankruptcy Claims Trading, Journal of Bankruptcy Law and Practice (2006)
Creditors have long understood that any claims they submit for repayment in a bankruptcy might...
 

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Toward a Federal Common Law of Bankruptcy: Judicial Lawmaking in a Statutory Regime, American Bankruptcy Law Journal (2006)
Bankruptcy is a statutory system, yet there are many modern bankruptcy practices that lack explicit...
 

Unpublished Papers

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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...

 

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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

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Health Care Privacy Issues in Corporate Reorganizations (with Andrew Troop and Arthur Cormier), American Bankruptcy Institute 2007 New York City Bankruptcy Conference (2007)
This presentation is a critical review of the health care privacy issues that can arise...
 

Other

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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...