Books
Commercial Transactions: A Systems Approach
(with Elizabeth Warren, Daniel L. Keating, and Ronald J. Mann).
5th ed.
Aspen Publishers (2012).
Prior editions: 4th, 2009; 3rd, 2006; 2nd, 2003; 1st, 1998. Supplement: 2000.
Controlling Professional Fees in Corporate Bankruptcies: Data, Analysis, and Evaluation
(with Joseph W. Doherty).
Oxford University Press (2011).
Secured Credit: A Systems Approach
(with Elizabeth Warren).
6th ed.
Aspen Publishing (2009).
Prior editions: 5th, 2006; 4th, 2003; 3rd, 2000; Little Brown & Co.: 2nd, 1998; 1st, 1995. With teacher's manual.
Strategies for Creditors in Bankruptcy Proceedings
(with Christopher Mirick).
5th ed.
Aspen Publishing (2007).
Prior editions: 4th (with Mirick), 2003; 3rd, 1997; Little Brown & Company, 2nd, 1991; 1st, 1985. With annual supplements.
Courting Failure: How Competition for Big Cases Is Corrupting the Bankruptcy Courts.
Univ. of Michigan Press (2006).
Paperback: 2006.
The Debtor Creditor Game.
West Publishing (1984).
A large scale practice simulation which has been used in teaching bankruptcy at about 40 law schools. With Player's Manual and Teacher's Manual, and computer program published by the Center for Computer Assisted Legal Instruction (CCALI).
Articles and Chapters
House Swaps: A Strategic Bankruptcy Solution to the Foreclosure Crisis,
Michigan Law Rreview
(forthcoming, 2013).
Full Text
The Future of Court System Transparency, in
Confidentiality, Transparency, and the U.S. Civil Justice System
(edited by Joseph W. Doherty, Robert T. Reville and Laura Zakaras, Oxford University Press, 2012).
Routine Illegality Redux (with Joseph W. Doherty),
85
American Bankruptcy Law Journal
35-61
(2011).
Book Review, Consumer Credit, Debt and Bankruptcy: Comparative and International Perspectives, 58
American Journal of Comparative Law
489-94
(2010).
Court System Transparency, 94
Iowa Law Review
481
(2009).
Full Text
Routine Illegality in Bankruptcy Court, Big-Case Fee Practices (with Joseph W. Doherty),
83
American Bankruptcy Law Journal
423-480
(2009).
Full Text
Professional Overcharging in Large Bankruptcy Reorganization Cases (with Joseph W. Doherty),
5
Journal of Empirical Legal Studies
983
(2008).
Full Text
Rise of the Financial Advisors: An Empirical Study of the Division of Professional Fees in Large Bankruptcies (with Joseph W. Doherty),
82
American Bankruptcy Law Journal
141-74
(2008).
Bankruptcy Verite (with Joseph W. Doherty),
106
Michigan Law Review
721
(2008).
Full Text
Bankruptcy Fire Sales (with Joseph W. Doherty),
106(1)
Michigan Law Review
(2007).
Full Text
The Spearing Tool Filing System Disaster, 68
Ohio State Law Journal
281
(2007).
Delaware Bankruptcy: Failure in Ascendancy (with Joseph W. Doherty),
73
University of Chicago Law Review
1387-1419
(2006).
Full Text
Where Do You Get Off? A Reply to Courting Failure's Critique, 54
Buffalo Law Review
511-48
(2006).
Universalism Unravels, 79
American Bankruptcy Law Journal
143
(2005).
Full Text
Global and Out of Control, 79
American Bankruptcy Law Journal
79
(2005).
Full Text
A Team Production Theory of Banruptcy Reorganization, 57
Vanderbilt Law Review
741
(2004).
The Determinants of Professional Fees in Large Bankruptcy Reorganization Cases (with Joseph W. Doherty),
Journal of Empirical Legal Studies
111-42
(2004).
Full Text
The Nature of the Bankrupt Firm: A Reply to Baird and Rasmussen's The End of Bankruptcy, 56
Stanford Law Review
645-71
(2003).
Full Text
Did Privacy Cause Identity Theft?, 54
Hastings Law Journal
1277-97
(2003).
Full Text
The Myth of the Residual Owner: An Empirical Study,
UCLA School of Law Working Paper Series, Law & Economics Paper No. 3-11
(2003).
Full Text
A Team Production Theory of Bankruptcy Reorganization,
UCLA School of Law Working Paper Series, Law & Economics
(April 23, 2003).
Full Text
Why Are Delaware and New York Bankruptcy Reorganizations Failing? (with Joseph W. Doherty),
Vanderbilt Law Review
1935-85
(2002).
Full Text
The Politics of Research Access to Federal Court Data, 81
Texas Law Review
2161-71
(2002).
Full Text
Toward a Trademark-Based Liability System, 49
UCLA Law Review
1099-1137
(2002).
Full Text
Human Identification Theory and the Identity Theft Problem, 80
Texas Law Review
89-134
(2001).
Full Text
Can the Market Evaluate Legal Regimes? A Response to Professors Rasmussen, Thomas and Skeel, 54
Vanderbilt Law Review
331-56
(2001).
The Failure of Public Company Bankruptcies in Delaware and New York: Empirical Evidence of a "Race to the Bottom" (with Sara D. Kalin),
54
Vanderbilt Law Review
231-82
(2001).
Full Text
The Case for Cooperative Territoriality in International Bankruptcy, 98
Michigan Law Review
2216-51
(2000).
Full Text
A Theory of Legal Strategy (with Walter O. Weyrauch),
49
Duke Law Journal
1405-86
(2000).
Full Text
The Irrefutable Logic of Judgment Proofing: A Reply to Stephen Schwarcz, 52
Stanford Law Review
55-71
(1999).
Contract Bankruptcy: A Reply to Alan Schwartz, 109
Yale Law Journal
317-42
(1999).
Full Text
Bankruptcy Contracting Revised: A Reply to Alan Schwartz's New Model, 109
Yale Law Journal
365-79
(1999).
Twerski & Cohen's Second Revolution: A Systems/Strategic Perspective, 94
Northwestern Law Review
55-75
(1999).
Full Text
Commentary on Financial Privacy (response to article by Peter P. Swire), 7
Washington University Law Quarterly
513-17
(1999).
F. Hodge O'Neal Corporate and Securities Law Symposium: The Modernization of Financial Services Legislation.
Shopping for Judges: An Empirical Analysis of Venue Choice in the Bankruptcy Reorganization of Large, Publicly Held Companies (with Theodore Eisenberg),
84
Cornell Law Review
967-1003
(1999).
Full Text
Cooperation in International Bankruptcy: A Post-Universalist Approach, 84
Cornell Law Review
696-762
(1999).
Full Text
The Essential Structure of Judgment Proofing, 51
Stanford Law Review
147-60
(1998).
Full Text
Virtual Judgment Proofing: A Rejoinder, 107
Yale Law Journal
1413-34
(1998).
Full Text
Should the Secured Credit Carve-Out Be Effective Only in Bankruptcy? A Systems/Strategic Analysis, 82
Cornell Law Review
1483-1510
(1997).
Common Sense Consumer Bankruptcy, 71
American Bankruptcy Law Journal
461-82
(1997).
The Systems Approach to Law, 82
Cornell Law Review
479
(1997).
The Death of Liability, 106
Yale Law Journal
1-92
(1996).
Full Text
Legal Culture, Legal Strategy, and the Law in Lawyer's Heads, 30
Northwestern University Law Review
1498-1556
(1996).
Why the Debtor's State of Incorporation Should Be the Proper Place for Article 9 Filing: A Systems Analysis, 79
Minnesota Law Review
577-661
(1995).
Chapter 11: An Agenda for Basic Reform, 69
American Bankruptcy Law Journal
573
(1995).
The Unsecured Creditors' Bargain, 80
Virginia Law Review
1887-965
(1994).
Reorganization Realities, Methodological Realities, and the Paradigm Dominance Game, 72
Washington University Law Quarterly
1307-17
(1994).
Compensating Unsecured Creditors for Extraordinary Reorganization Risks (with William C. Whitford),
72
Washington University Law Quarterly
1133-51
(1994).
A Systems Approach to Comparison of U.S. and Canadian Reorganization of Financially Distressed Companies (with George Triantis),
35
Harvard International Law Journal
267-343
(1994).
Patterns in the Bankruptcy Reorganization of Large, Publicly Held Companies (with William C. Whitford),
78
Cornell Law Review
597-618
(1993).
The Trouble with Chapter 11, 1993
Wisconsin Law Review
729-60
(1993).
Comment: Stakeholder Interests and Bankruptcy, 43
University of Toronto Law Journal
711-15
(1993).
Corporate Governance in the Bankruptcy Reorganization of Large, Publicly Held Companies 669-800
(1993).
Strange Visions in a Strange World, A Reply to Professors Bradley and Rosenzweig, 91
Michigan Law Review
79-110
(1992).
Computerization of the Article 9 Filing System: Thoughts on Building the Electronic Highway, 55
Law & Contemporary Problems
5-37
(1992).
Symposium issue.
Preemptive Cram Down (with William C. Whitford),
65
American Bankruptcy Law Journal
625-47
(1991).
Venue Choice and Forum Shopping in the Bankruptcy Reorganization of Large, Publicly Held Companies (with William C. Whitford),
1991
University of Wisconsin Law Review
11-63
(1991).
The Demographics of Bankruptcy Practice, 63
American Bankruptcy Law Journal
289-319
(1989).
Book Review, Bringing Realism to the Classroom, 1988
Wisconsin Law Review
641-657
(1988).
Reviewing
The Law of Debtors and Creditors, by Elizabeth Warren and Jay Lawrence Westbrook.
The Debtor in Full Control B Systems Failure Under Chapter 11 of the Bankruptcy Code?, 57
American Bankruptcy Law Journal
99-126
(1983).
First installment; 57
American Bankruptcy Law Journal 247-73 (1983) Second installment.
A General Theory of the Dynamics of the State Remedies/Bankruptcy System, 1982
Wisconsin Law Review
311-72
(1982).
"Encouraging" Repayment Under Chapter 13 of the Bankruptcy Code, 18
Harvard Journal on Legislation
347
(1981).
Other
Walter O. Weyrauch, The Observer, 60
Florida Law Review
vi-x
(2008).
Let Bankruptcy Judges Step In,
Atlanta Journal-Constitution
(March 6, 2008).
Op-ed in favor of legislation that would have permitted bankruptcy judges to modify home mortgages.)
The Delaware Court Wins!,
National Law Journal
(February 11, 2008).
(Op-ed reporting Delaware's victory in the competition for big bankruptcy cases.)
Courting the Big Bankrupts,
Legal Times
(July 18, 2005).
(Op-ed responding to Senator Joseph Biden's attack on my research)
Corruption is the Right Word,
Bankruptcy Court Decisions
(July 19, 2005).
(Op-ed on my use of the word Acorruption@ as applied to the United States Bankruptcy Courts.)
Bankruptcy Bingo,
Forbes
(July 4, 2005).
(Opinion column on the corruption of the bankruptcy courts by competition)
Corporate Perk: Repairing a bankrupt system,
Houston Chronicle
(February 26, 2005).
(Op-ed on bankruptcy forum shopping.)
Court shopping bankrupts U.S. system,
San Francisco Chronicle
at C3
(February 20, 2005).
(Op-ed on the Yukos bankruptcy filing)
End costly game-playing in bankruptcy courts,
Houston Chronicle
at 23A
(September 17, 2002).
(Op-ed on bankruptcy court competition.)
Better Way to Stop a Thief,
Los Angeles Times
Pt. 2, at 13
(August 28, 2001).
(Op-ed on identity theft.)
Some Settlement,
Washington Post
at A15
(January 20, 1998).
(Op-ed on the tobacco settlement.)
No Credit Where Credit Was Due,
New York Times
(September 20, 1997).
(Op-ed on consumer credit reporting.)