Jonathan A. Knee
- Published in print:
- 2016
- Published Online:
- January 2019
- ISBN:
- 9780231179287
- eISBN:
- 9780231543330
- Item type:
- book
- Publisher:
- Columbia University Press
- DOI:
- 10.7312/columbia/9780231179287.001.0001
- Subject:
- Business and Management, Corporate Governance and Accountability
The past thirty years have seen dozens of otherwise successful investors try to improve education through the application of market principles. They have funneled billions of dollars into alternative ...
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The past thirty years have seen dozens of otherwise successful investors try to improve education through the application of market principles. They have funneled billions of dollars into alternative schools, online education, and textbook publishing, and they have, with surprising regularity, lost their shirts. In Class Clowns, professor and investment banker Jonathan A. Knee dissects what drives investors' efforts to improve education and why they consistently fail. Knee takes readers inside four spectacular financial failures in education: Rupert Murdoch's billion-dollar effort to reshape elementary education through technology; the unhappy investors—including hedge fund titan John Paulson—who lost billions in textbook publisher Houghton Mifflin; the abandonment of Knowledge Universe, Michael Milken's twenty-year mission to revolutionize the global education industry; and a look at Chris Whittle, founder of EdisonLearning and a pioneer of large-scale transformational educational ventures, who continues to attract investment despite decades of financial and operational disappointment. Although deep belief in the curative powers of the market drove these initiatives, it was the investors' failure to appreciate market structure that doomed them. Knee asks: What makes a good education business? By contrasting rare successes, he finds a dozen broad lessons at the heart of these cautionary case studies. Class Clowns offers an important guide for public policy makers and guardrails for future investors, as well as an intelligent exposé for activists and teachers frustrated with the repeated underperformance of these attempts to shake up education.Less
The past thirty years have seen dozens of otherwise successful investors try to improve education through the application of market principles. They have funneled billions of dollars into alternative schools, online education, and textbook publishing, and they have, with surprising regularity, lost their shirts. In Class Clowns, professor and investment banker Jonathan A. Knee dissects what drives investors' efforts to improve education and why they consistently fail. Knee takes readers inside four spectacular financial failures in education: Rupert Murdoch's billion-dollar effort to reshape elementary education through technology; the unhappy investors—including hedge fund titan John Paulson—who lost billions in textbook publisher Houghton Mifflin; the abandonment of Knowledge Universe, Michael Milken's twenty-year mission to revolutionize the global education industry; and a look at Chris Whittle, founder of EdisonLearning and a pioneer of large-scale transformational educational ventures, who continues to attract investment despite decades of financial and operational disappointment. Although deep belief in the curative powers of the market drove these initiatives, it was the investors' failure to appreciate market structure that doomed them. Knee asks: What makes a good education business? By contrasting rare successes, he finds a dozen broad lessons at the heart of these cautionary case studies. Class Clowns offers an important guide for public policy makers and guardrails for future investors, as well as an intelligent exposé for activists and teachers frustrated with the repeated underperformance of these attempts to shake up education.
A. Glenn Crothers
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780813039732
- eISBN:
- 9780813043142
- Item type:
- chapter
- Publisher:
- University Press of Florida
- DOI:
- 10.5744/florida/9780813039732.003.0004
- Subject:
- History, American History: 19th Century
Chapter 3 explores the way in which Quaker business ethics and success, and Friends' economic contributions to the regional economy, their civic concerns, and social respectability enabled them ...
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Chapter 3 explores the way in which Quaker business ethics and success, and Friends' economic contributions to the regional economy, their civic concerns, and social respectability enabled them during years of peace to escape the pariah status they had held during the American Revolution and become respected members of the mercantile and agricultural communities of northern Virginia. As they prospered and created economic networks that helped sustain the community, however, many Friends became embedded in the economic and social life of the region, in the process becoming dangerously entangled in speculative ventures and slave-based industries that diverged from their religious and ethical convictions. In short, economic success and growing public acceptance intensified rather than resolved the tensions that arose from living in a society that violated their testimonies on a daily basis.Less
Chapter 3 explores the way in which Quaker business ethics and success, and Friends' economic contributions to the regional economy, their civic concerns, and social respectability enabled them during years of peace to escape the pariah status they had held during the American Revolution and become respected members of the mercantile and agricultural communities of northern Virginia. As they prospered and created economic networks that helped sustain the community, however, many Friends became embedded in the economic and social life of the region, in the process becoming dangerously entangled in speculative ventures and slave-based industries that diverged from their religious and ethical convictions. In short, economic success and growing public acceptance intensified rather than resolved the tensions that arose from living in a society that violated their testimonies on a daily basis.
V. Markham Lester
- Published in print:
- 1995
- Published Online:
- October 2011
- ISBN:
- 9780198205180
- eISBN:
- 9780191676536
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198205180.003.0008
- Subject:
- History, British and Irish Modern History, Economic History
This chapter sums up the key findings of this study on insolvency law reform in England during the 19th century and provides some observations about the legacy of the Bankruptcy Act of 1883. It ...
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This chapter sums up the key findings of this study on insolvency law reform in England during the 19th century and provides some observations about the legacy of the Bankruptcy Act of 1883. It highlights the role of the Act in the growth and impact of the government on bankruptcy administration and its influence on bankruptcy legislation in other countries. This study concludes that financial failure was indeed a significant problem Victorian English society and that it was effectively addressed with the reform of the bankruptcy system and the abolition of imprisonment for debt.Less
This chapter sums up the key findings of this study on insolvency law reform in England during the 19th century and provides some observations about the legacy of the Bankruptcy Act of 1883. It highlights the role of the Act in the growth and impact of the government on bankruptcy administration and its influence on bankruptcy legislation in other countries. This study concludes that financial failure was indeed a significant problem Victorian English society and that it was effectively addressed with the reform of the bankruptcy system and the abolition of imprisonment for debt.
Lynn M. Lopucki and Joseph W. Doherty
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780195337723
- eISBN:
- 9780199893942
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195337723.003.0011
- Subject:
- Law, Company and Commercial Law
Previous chapters described competition among some bankruptcy courts for the cases of the largest public companies. To succeed in that competition, the bankruptcy courts must abandon the effort to ...
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Previous chapters described competition among some bankruptcy courts for the cases of the largest public companies. To succeed in that competition, the bankruptcy courts must abandon the effort to control fees. Bankruptcy professionals will not steer their clients to courts that will control the professionals' fees. That puts the competing courts in a bind. The Bankruptcy Code and Rules require that the courts control professional fees, specify the precise methods by which they are to do it, and bar the courts from relaxing the requirements. The competing bankruptcy courts have responded to this dilemma by going rogue, routinely authorizing and tolerating professional fee practices that violate the Bankruptcy Code and Rules. Because most bankruptcy judges are unwilling to adopt illegal practices, most bankruptcy courts have dropped out of the competition. The effect has been to clear a path to victory for judges willing to adopt illegal practices. This chapter documents three such practices empirically: the Ordinary-Course-Professionals Practice, the Prior-Payment-Disclosure Practice, and Disburse-First-and-Decide-Later Practice.Less
Previous chapters described competition among some bankruptcy courts for the cases of the largest public companies. To succeed in that competition, the bankruptcy courts must abandon the effort to control fees. Bankruptcy professionals will not steer their clients to courts that will control the professionals' fees. That puts the competing courts in a bind. The Bankruptcy Code and Rules require that the courts control professional fees, specify the precise methods by which they are to do it, and bar the courts from relaxing the requirements. The competing bankruptcy courts have responded to this dilemma by going rogue, routinely authorizing and tolerating professional fee practices that violate the Bankruptcy Code and Rules. Because most bankruptcy judges are unwilling to adopt illegal practices, most bankruptcy courts have dropped out of the competition. The effect has been to clear a path to victory for judges willing to adopt illegal practices. This chapter documents three such practices empirically: the Ordinary-Course-Professionals Practice, the Prior-Payment-Disclosure Practice, and Disburse-First-and-Decide-Later Practice.
James M. Denham
- Published in print:
- 2015
- Published Online:
- January 2016
- ISBN:
- 9780813060491
- eISBN:
- 9780813050638
- Item type:
- chapter
- Publisher:
- University Press of Florida
- DOI:
- 10.5744/florida/9780813060491.003.0020
- Subject:
- History, American History: 20th Century
The chapter deals with income tax evasion, including beginning discussion of the high-profile Wesley Snipes prosecution. The chapter then turns to Medicare fraud prosecutions. The changing nature of ...
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The chapter deals with income tax evasion, including beginning discussion of the high-profile Wesley Snipes prosecution. The chapter then turns to Medicare fraud prosecutions. The changing nature of organized crime activity in Florida is the next subject covered in the chapter. The employment of “crews” and how they were prosecuted in the Middle District is included. Next the chapter turns to environment disputes, especially plaintiffs’ actions against large-scale developments considered to be outside federal guidelines. Issues such as manatee protection, protecting wetlands, and massive developments that violated existing rules and generally threatened the environment were often before federal judges. Middle District judges adjudicated endangered species questions as well. Finally the chapter turns to bankruptcy in the Middle District Court from 2000 to the present and a number of new additions to the Bankruptcy bar are featured.Less
The chapter deals with income tax evasion, including beginning discussion of the high-profile Wesley Snipes prosecution. The chapter then turns to Medicare fraud prosecutions. The changing nature of organized crime activity in Florida is the next subject covered in the chapter. The employment of “crews” and how they were prosecuted in the Middle District is included. Next the chapter turns to environment disputes, especially plaintiffs’ actions against large-scale developments considered to be outside federal guidelines. Issues such as manatee protection, protecting wetlands, and massive developments that violated existing rules and generally threatened the environment were often before federal judges. Middle District judges adjudicated endangered species questions as well. Finally the chapter turns to bankruptcy in the Middle District Court from 2000 to the present and a number of new additions to the Bankruptcy bar are featured.
James M. Denham
- Published in print:
- 2015
- Published Online:
- January 2016
- ISBN:
- 9780813060491
- eISBN:
- 9780813050638
- Item type:
- chapter
- Publisher:
- University Press of Florida
- DOI:
- 10.5744/florida/9780813060491.003.0006
- Subject:
- History, American History: 20th Century
This chapter covers the dramatic growth the Middle District’s case load from 1976 to 1980. The increasing need for more judges and facilities to handle the growth is covered. In 1976 and 1979 ...
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This chapter covers the dramatic growth the Middle District’s case load from 1976 to 1980. The increasing need for more judges and facilities to handle the growth is covered. In 1976 and 1979 Congress passed acts to create the position of U.S. Magistrate. Magistrates could perform virtually any task undertaken by district judges except for trying and sentencing felony defendants. In 1971 the district appointed eight U.S. magistrates and they introduced in this chapter and their important role in the district is introduced. Jimmy Carter’s judicial appointments are introduced. The congested nature of judicial business in Orlando and Tampa is discussed. The important role of U.S. senators in the appointment process is discussed. Next the chapter turns to Constitutional questions in the Middle District of Florida, and issues such as school prayer, nude dancing, job discrimination, standardized testing, and issues involving abortion clinics and how they are handled by the court are discussed. Finally, the chapter covers bankruptcy as handled in the court up to 1980. Processes, some of the practitioners, judges, appropriate legislation, and some important cases are included.Less
This chapter covers the dramatic growth the Middle District’s case load from 1976 to 1980. The increasing need for more judges and facilities to handle the growth is covered. In 1976 and 1979 Congress passed acts to create the position of U.S. Magistrate. Magistrates could perform virtually any task undertaken by district judges except for trying and sentencing felony defendants. In 1971 the district appointed eight U.S. magistrates and they introduced in this chapter and their important role in the district is introduced. Jimmy Carter’s judicial appointments are introduced. The congested nature of judicial business in Orlando and Tampa is discussed. The important role of U.S. senators in the appointment process is discussed. Next the chapter turns to Constitutional questions in the Middle District of Florida, and issues such as school prayer, nude dancing, job discrimination, standardized testing, and issues involving abortion clinics and how they are handled by the court are discussed. Finally, the chapter covers bankruptcy as handled in the court up to 1980. Processes, some of the practitioners, judges, appropriate legislation, and some important cases are included.
Frederique Dahan
- Published in print:
- 2003
- Published Online:
- March 2012
- ISBN:
- 9780199259366
- eISBN:
- 9780191698606
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199259366.003.0008
- Subject:
- Law, Legal Profession and Ethics
Although insolvency legislation appeared on the statute books of most of the countries of the former Soviet bloc, the actual practice of bankruptcy was mostly unknown under the state-controlled ...
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Although insolvency legislation appeared on the statute books of most of the countries of the former Soviet bloc, the actual practice of bankruptcy was mostly unknown under the state-controlled economy because debtors and creditors were generally arms of the state or were ultimately supported by it. As the conflicts of interests that inherently drive insolvency proceedings did not exist, debt recovery and the ‘orderly market exit’, which are seen as key elements of any insolvency law by Western lawyers, were not functioning. There is now a general recognition that bankruptcy legislation is essential for the process of transition. As a result, international financial institutions are pressing individual countries to reform their laws. This chapter examines the 1998 Russian Bankruptcy Law in the context of these objectives and the specific characteristics of Russian economic and social circumstances. It then considers the impact of such reform.Less
Although insolvency legislation appeared on the statute books of most of the countries of the former Soviet bloc, the actual practice of bankruptcy was mostly unknown under the state-controlled economy because debtors and creditors were generally arms of the state or were ultimately supported by it. As the conflicts of interests that inherently drive insolvency proceedings did not exist, debt recovery and the ‘orderly market exit’, which are seen as key elements of any insolvency law by Western lawyers, were not functioning. There is now a general recognition that bankruptcy legislation is essential for the process of transition. As a result, international financial institutions are pressing individual countries to reform their laws. This chapter examines the 1998 Russian Bankruptcy Law in the context of these objectives and the specific characteristics of Russian economic and social circumstances. It then considers the impact of such reform.
Susan Block-Lieb and Edward J Janger
- Published in print:
- 2006
- Published Online:
- March 2012
- ISBN:
- 9780199211395
- eISBN:
- 9780191695803
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199211395.003.0025
- Subject:
- Law, Philosophy of Law
In April 2005, the US Congress enacted, and President Bush signed into law, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (the ‘Bankruptcy Bill’), which made radical amendments ...
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In April 2005, the US Congress enacted, and President Bush signed into law, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (the ‘Bankruptcy Bill’), which made radical amendments to the US Bankruptcy Code. These changes had the principal effect of restricting the ability of consumers to discharge debt in bankruptcy. The Bankruptcy Bill was presented by its proponents – representatives of the consumer credit industry – as protecting innocent lenders from being duped. These proponents contributed vast sums to sympathetic legislators, and to legislators who they hoped would become sympathetic. This chapter explores whether the picture of the paradigmatic debtor they paint is empirically accurate. It shows that the factual assertions that ostensibly motivated the Bankruptcy Bill are belied by data and the consumer credit industry's own behaviour. It suggests an alternate story that is both more plausible, and more problematic. Consumers do not overborrow in reliance on the availability of the bankruptcy discharge. Instead, they borrow honestly, but heuristically, often in response to aggressive solicitations, and default if (and, by and large, only if ) their debt load becomes crushingly great.Less
In April 2005, the US Congress enacted, and President Bush signed into law, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (the ‘Bankruptcy Bill’), which made radical amendments to the US Bankruptcy Code. These changes had the principal effect of restricting the ability of consumers to discharge debt in bankruptcy. The Bankruptcy Bill was presented by its proponents – representatives of the consumer credit industry – as protecting innocent lenders from being duped. These proponents contributed vast sums to sympathetic legislators, and to legislators who they hoped would become sympathetic. This chapter explores whether the picture of the paradigmatic debtor they paint is empirically accurate. It shows that the factual assertions that ostensibly motivated the Bankruptcy Bill are belied by data and the consumer credit industry's own behaviour. It suggests an alternate story that is both more plausible, and more problematic. Consumers do not overborrow in reliance on the availability of the bankruptcy discharge. Instead, they borrow honestly, but heuristically, often in response to aggressive solicitations, and default if (and, by and large, only if ) their debt load becomes crushingly great.
Terence C. Halliday, Susan Block-Lieb, and Bruce G. Carruthers
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199873722
- eISBN:
- 9780199980000
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199873722.003.0010
- Subject:
- Law, Company and Commercial Law
Corporate insolvency is about debt and it always involves debtor corporations as key stakeholders. It should, therefore, follow that stakeholders integral to everyday bargaining over debt management ...
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Corporate insolvency is about debt and it always involves debtor corporations as key stakeholders. It should, therefore, follow that stakeholders integral to everyday bargaining over debt management should also be integral to the meta-bargaining that produces the rules that govern everyday corporate bankruptcies. Such is not the case. In many historical circumstances—in countries with economies both advanced and developing; in situations of economic crisis and in ordinary times; in Europe, North America, and Asia—the stakeholders who mobilize to craft national bankruptcy law seldom include debtors. Debtors are also conspicuous by their absence from forums of global norm-making in which international financial institutions or international governance organizations create norms designed to guide national lawmaking. In short, a class of bankruptcy players for whom everyday bargaining over debt obligations is a matter of corporate life or death seldom appears in the forums that institutionalize the rules by which their individual fates are determined. How is this puzzle to be explained? This chapter examines hypotheses that address this issue through three research projects. The first studied the politics behind two landmark pieces of lawmaking in advanced economies—the US Bankruptcy Code of 1978 and the English Insolvency Act of 1986. The second project studied three Asian economies in the wake of the Asian Financial Crisis. The third project examines the decade-long initiatives by the UN Commission on International Trade Law to create global norms for corporate bankruptcy regimes.Less
Corporate insolvency is about debt and it always involves debtor corporations as key stakeholders. It should, therefore, follow that stakeholders integral to everyday bargaining over debt management should also be integral to the meta-bargaining that produces the rules that govern everyday corporate bankruptcies. Such is not the case. In many historical circumstances—in countries with economies both advanced and developing; in situations of economic crisis and in ordinary times; in Europe, North America, and Asia—the stakeholders who mobilize to craft national bankruptcy law seldom include debtors. Debtors are also conspicuous by their absence from forums of global norm-making in which international financial institutions or international governance organizations create norms designed to guide national lawmaking. In short, a class of bankruptcy players for whom everyday bargaining over debt obligations is a matter of corporate life or death seldom appears in the forums that institutionalize the rules by which their individual fates are determined. How is this puzzle to be explained? This chapter examines hypotheses that address this issue through three research projects. The first studied the politics behind two landmark pieces of lawmaking in advanced economies—the US Bankruptcy Code of 1978 and the English Insolvency Act of 1986. The second project studied three Asian economies in the wake of the Asian Financial Crisis. The third project examines the decade-long initiatives by the UN Commission on International Trade Law to create global norms for corporate bankruptcy regimes.
James M. Denham
- Published in print:
- 2015
- Published Online:
- January 2016
- ISBN:
- 9780813060491
- eISBN:
- 9780813050638
- Item type:
- book
- Publisher:
- University Press of Florida
- DOI:
- 10.5744/florida/9780813060491.001.0001
- Subject:
- History, American History: 20th Century
This book is a narrative history of the operations of the U.S. Middle District Court of Florida from its founding in 1962 to the present. The book sets the court in the social, economic, and ...
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This book is a narrative history of the operations of the U.S. Middle District Court of Florida from its founding in 1962 to the present. The book sets the court in the social, economic, and political context of the time and place. With federal courthouses in Jacksonville, Ocala, Orlando, Tampa, and Fort Myers, the Middle District contains roughly half of Florida’s population of nearly nineteen million and is one of the busiest in the nation. Cases involving organized crime, drugs, civil rights, desegregation, redistricting, First Amendment, employment discrimination, voters rights, kidnapping, the environment, death penalty, abortion rights, the right to die, terrorism, espionage, and a whole host of other types of cases have been litigated in its courtrooms. Over its fifty years Middle District judges made many important decisions that shaped the law and affected thousands of lives in fundamental ways. The lives, times, and work of the district judges, magistrates, and bankruptcy judges are included in these pages. The book also narrates the story of prosecutors, marshals, attorneys, and the many other dedicated officials that made the Middle District of Florida function from its inception in 1962 to the present.Less
This book is a narrative history of the operations of the U.S. Middle District Court of Florida from its founding in 1962 to the present. The book sets the court in the social, economic, and political context of the time and place. With federal courthouses in Jacksonville, Ocala, Orlando, Tampa, and Fort Myers, the Middle District contains roughly half of Florida’s population of nearly nineteen million and is one of the busiest in the nation. Cases involving organized crime, drugs, civil rights, desegregation, redistricting, First Amendment, employment discrimination, voters rights, kidnapping, the environment, death penalty, abortion rights, the right to die, terrorism, espionage, and a whole host of other types of cases have been litigated in its courtrooms. Over its fifty years Middle District judges made many important decisions that shaped the law and affected thousands of lives in fundamental ways. The lives, times, and work of the district judges, magistrates, and bankruptcy judges are included in these pages. The book also narrates the story of prosecutors, marshals, attorneys, and the many other dedicated officials that made the Middle District of Florida function from its inception in 1962 to the present.
James R. Barth, John Dearie, David Skeel, and Arthur Wilmarth
- Published in print:
- 2014
- Published Online:
- May 2015
- ISBN:
- 9780262028035
- eISBN:
- 9780262325929
- Item type:
- chapter
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262028035.003.0006
- Subject:
- Economics and Finance, Financial Economics
In this panel discussion, John Dearie, Executive Vice President of the Financial Services Forum, lists several shortcomings of Dodd-Frank, but contends that the banking system is far stronger than it ...
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In this panel discussion, John Dearie, Executive Vice President of the Financial Services Forum, lists several shortcomings of Dodd-Frank, but contends that the banking system is far stronger than it was in 2008. Professor James Barth provides examples of regulators failing to supervise and regulate financial institutions properly and suggests a sentinel to oversee regulators. Professor David Skeel discusses the virtues of the single point of entry strategy for resolving troubled financial firms, and also expresses several concerns about the procedure. Professor Arthur Wilmarth raises questions about whether the new resolution procedures will incentivize banks to use even more short-term financing.Less
In this panel discussion, John Dearie, Executive Vice President of the Financial Services Forum, lists several shortcomings of Dodd-Frank, but contends that the banking system is far stronger than it was in 2008. Professor James Barth provides examples of regulators failing to supervise and regulate financial institutions properly and suggests a sentinel to oversee regulators. Professor David Skeel discusses the virtues of the single point of entry strategy for resolving troubled financial firms, and also expresses several concerns about the procedure. Professor Arthur Wilmarth raises questions about whether the new resolution procedures will incentivize banks to use even more short-term financing.
Lawrence M. Crutcher
- Published in print:
- 2012
- Published Online:
- May 2013
- ISBN:
- 9780813136882
- eISBN:
- 9780813141411
- Item type:
- chapter
- Publisher:
- University Press of Kentucky
- DOI:
- 10.5810/kentucky/9780813136882.003.0007
- Subject:
- History, American History: 19th Century
George commits much of his inheritance to a steamboat investment proposed by his host John J Audubon. Audubon gives George a lesson in chopping wood. The investment sours, almost immediately. George ...
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George commits much of his inheritance to a steamboat investment proposed by his host John J Audubon. Audubon gives George a lesson in chopping wood. The investment sours, almost immediately. George decides to start over, in Louisville. Tom Keats dies in London, making available additional capital for George, who returns to England to claim it.Less
George commits much of his inheritance to a steamboat investment proposed by his host John J Audubon. Audubon gives George a lesson in chopping wood. The investment sours, almost immediately. George decides to start over, in Louisville. Tom Keats dies in London, making available additional capital for George, who returns to England to claim it.
Roger B. Porter, Robert R. Glauber, and Thomas J. Healey
- Published in print:
- 2011
- Published Online:
- August 2013
- ISBN:
- 9780262015615
- eISBN:
- 9780262295789
- Item type:
- chapter
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262015615.003.0016
- Subject:
- Economics and Finance, Economic Systems
This chapter consolidates the insights and findings discussed regarding the implementation of a possible regulatory structure that is fitting for the resolution of the 2008 financial crisis. It ...
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This chapter consolidates the insights and findings discussed regarding the implementation of a possible regulatory structure that is fitting for the resolution of the 2008 financial crisis. It discusses remarks on the endorsement of the creation of a resolution authority. It notes concern with resolution authority as well: that it may not be possible to prevent a permanent bailout operation. As an alternative, then, it has been suggested, the U.S. Bankruptcy Code is a better regulatory mechanism, also noting that more transparency should be instilled at the Federal Deposit Insurance Corporation. Also discussed in the chapter is the idea of making the Federal Reserve the regulator of systemic risk, which gathered a variety of responses. Finally, the chapter also summarizes the housing bubble—its decline as well as the possible causes for its downfall.Less
This chapter consolidates the insights and findings discussed regarding the implementation of a possible regulatory structure that is fitting for the resolution of the 2008 financial crisis. It discusses remarks on the endorsement of the creation of a resolution authority. It notes concern with resolution authority as well: that it may not be possible to prevent a permanent bailout operation. As an alternative, then, it has been suggested, the U.S. Bankruptcy Code is a better regulatory mechanism, also noting that more transparency should be instilled at the Federal Deposit Insurance Corporation. Also discussed in the chapter is the idea of making the Federal Reserve the regulator of systemic risk, which gathered a variety of responses. Finally, the chapter also summarizes the housing bubble—its decline as well as the possible causes for its downfall.
Alannah Tomkins
- Published in print:
- 2017
- Published Online:
- January 2018
- ISBN:
- 9781526116079
- eISBN:
- 9781526128447
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9781526116079.003.0002
- Subject:
- History, History of Science, Technology, and Medicine
Bankruptcy and insolvency were the types of career turbulence that were most likely to interrupt medical careers. Insolvency might entail a stay in debtor’s prison. This chapter examines the ...
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Bankruptcy and insolvency were the types of career turbulence that were most likely to interrupt medical careers. Insolvency might entail a stay in debtor’s prison. This chapter examines the experiences of men who suffered financial setback and explores their access to support systems. The Royal Medical Benevolent Fund was established in 1836 and might have offered a prop, but analysis of their records suggests that medical bankrupts and insolvents were rarely among their beneficiaries. Therefore other sources of informal support must be inferred, beyond formal medical charity.Less
Bankruptcy and insolvency were the types of career turbulence that were most likely to interrupt medical careers. Insolvency might entail a stay in debtor’s prison. This chapter examines the experiences of men who suffered financial setback and explores their access to support systems. The Royal Medical Benevolent Fund was established in 1836 and might have offered a prop, but analysis of their records suggests that medical bankrupts and insolvents were rarely among their beneficiaries. Therefore other sources of informal support must be inferred, beyond formal medical charity.
- Published in print:
- 2007
- Published Online:
- March 2013
- ISBN:
- 9780226567600
- eISBN:
- 9780226567624
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226567624.003.0009
- Subject:
- Law, Company and Commercial Law
This chapter describes how the defeat of the class settlements in Amchem Products, Inc. v. Windsor and Ortiz v. Fibreboard Corp. has led to even more problematic efforts to replicate those ...
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This chapter describes how the defeat of the class settlements in Amchem Products, Inc. v. Windsor and Ortiz v. Fibreboard Corp. has led to even more problematic efforts to replicate those arrangements through “prepackaged” reorganizations of asbestos defendants under § 524(g) of the Bankruptcy Code. It also evaluates how § 524(g) came to dominate peacemaking in asbestos litigation. Section 524(g) would become a blueprint for how private negotiations might largely bypass the conventional reorganization process. The bankruptcy court confirmed the Combustion Engineering prepack, and the district court largely upheld that decision. The dynamics revealed by the Combustion Engineering prepack actually help to point the way toward more productive reform. The most recent addition to the literature on mass tort bankruptcies builds on the insight that reorganization plans allocate not only resources but also risk.Less
This chapter describes how the defeat of the class settlements in Amchem Products, Inc. v. Windsor and Ortiz v. Fibreboard Corp. has led to even more problematic efforts to replicate those arrangements through “prepackaged” reorganizations of asbestos defendants under § 524(g) of the Bankruptcy Code. It also evaluates how § 524(g) came to dominate peacemaking in asbestos litigation. Section 524(g) would become a blueprint for how private negotiations might largely bypass the conventional reorganization process. The bankruptcy court confirmed the Combustion Engineering prepack, and the district court largely upheld that decision. The dynamics revealed by the Combustion Engineering prepack actually help to point the way toward more productive reform. The most recent addition to the literature on mass tort bankruptcies builds on the insight that reorganization plans allocate not only resources but also risk.
James M. Denham
- Published in print:
- 2015
- Published Online:
- January 2016
- ISBN:
- 9780813060491
- eISBN:
- 9780813050638
- Item type:
- chapter
- Publisher:
- University Press of Florida
- DOI:
- 10.5744/florida/9780813060491.003.0013
- Subject:
- History, American History: 20th Century
This chapter discusses bankruptcy litigation in the Middle District of Florida from 1984 to 2000. Many of the bankruptcy practitioners, judges, and their cases are chronicled. The circumstances under ...
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This chapter discusses bankruptcy litigation in the Middle District of Florida from 1984 to 2000. Many of the bankruptcy practitioners, judges, and their cases are chronicled. The circumstances under which the former bankruptcy regime was overturned under the landmark bankruptcy law, Bankruptcy Amendments and Federal Judgeship Act (1984) is discussed, as is Middle District Bankruptcy Judge Alexander Paskay’s role in formulating the new legislation. Judge Paskay’s pioneering role in shaping bankruptcy jurisprudence through many of his decisions is discussed. The struggles of the district to keep up with filings, given the various economic downturns (especially in light of Florida’s massive population growth) are chronicled. The chapter also addresses the increasing professionalism of the bankruptcy bar, the growing respectability of bankruptcy judges, and the accompanying greater complexity of bankruptcy litigation. The chapter also covers the addition of judges to the bankruptcy court during these years, along with their backgrounds. A number of the landmark bankruptcy cases in the district are addressed, such as the Walter Industries, Celotex, and Lykes Brothers rulings.Less
This chapter discusses bankruptcy litigation in the Middle District of Florida from 1984 to 2000. Many of the bankruptcy practitioners, judges, and their cases are chronicled. The circumstances under which the former bankruptcy regime was overturned under the landmark bankruptcy law, Bankruptcy Amendments and Federal Judgeship Act (1984) is discussed, as is Middle District Bankruptcy Judge Alexander Paskay’s role in formulating the new legislation. Judge Paskay’s pioneering role in shaping bankruptcy jurisprudence through many of his decisions is discussed. The struggles of the district to keep up with filings, given the various economic downturns (especially in light of Florida’s massive population growth) are chronicled. The chapter also addresses the increasing professionalism of the bankruptcy bar, the growing respectability of bankruptcy judges, and the accompanying greater complexity of bankruptcy litigation. The chapter also covers the addition of judges to the bankruptcy court during these years, along with their backgrounds. A number of the landmark bankruptcy cases in the district are addressed, such as the Walter Industries, Celotex, and Lykes Brothers rulings.
Melissa B. Jacoby and Mirya R. Holman
- Published in print:
- 2014
- Published Online:
- December 2014
- ISBN:
- 9780199988488
- eISBN:
- 9780190218249
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199988488.003.0003
- Subject:
- Social Work, Social Policy, Research and Evaluation
A significant body of research documents the volatility of household income and assets over the life cycle. The US bankruptcy system is among the policy interventions designed for such disruptions, ...
More
A significant body of research documents the volatility of household income and assets over the life cycle. The US bankruptcy system is among the policy interventions designed for such disruptions, and several million people pass through this system every year. Measures of homeownership, occupational prestige, and education indicate that they generally are middle class but have very low incomes when they file. This chapter examines the literature on medical problems among bankruptcy filings. It then explores the credit and debt management choices made by financially strapped households before they take the ultimate step of filing for bankruptcy. It focuses particularly on the management of medical bills not covered by insurance. The authors use data from the 2007 Consumer Bankruptcy Project, a nationally representative data set based on court records, written questionnaires, and telephone surveys.Less
A significant body of research documents the volatility of household income and assets over the life cycle. The US bankruptcy system is among the policy interventions designed for such disruptions, and several million people pass through this system every year. Measures of homeownership, occupational prestige, and education indicate that they generally are middle class but have very low incomes when they file. This chapter examines the literature on medical problems among bankruptcy filings. It then explores the credit and debt management choices made by financially strapped households before they take the ultimate step of filing for bankruptcy. It focuses particularly on the management of medical bills not covered by insurance. The authors use data from the 2007 Consumer Bankruptcy Project, a nationally representative data set based on court records, written questionnaires, and telephone surveys.
