Courting Failure


Book Description

An eye-opening account of the widespread and systematic decay of America's bankruptcy courts




Courting Failure


Book Description

LoPucki's provocative critique of Chapter 11 is required reading for everyone who cares about bankruptcy reform. This empirical account of large Chapter 11 cases will trigger intense debate both inside the academy and on the floor of Congress. Confronting LoPucki's controversial thesis-that competition between bankruptcy judges is corrupting them-is the most pressing challenge now facing any defender of the status quo." -Douglas Baird, University of Chicago Law School "This book is smart, shocking and funny. This story has everything-professional greed, wrecked companies, and embarrassed judges. Insiders are already buzzing." -Elizabeth Warren, Leo Gottlieb Professor of Law, Harvard Law School "LoPucki provides a scathing attack on reorganization practice. Courting Failure recounts how lawyers, managers and judges have transformed Chapter 11. It uses empirical data to explore how the interests of the various participants have combined to create a system markedly different from the one envisioned by Congress. LoPucki not only questions the wisdom of these changes but also the free market ideology that supports much of the general regulation of the corporate sector." -Robert Rasmussen, University of Chicago Law School A sobering chronicle of our broken bankruptcy-court system, Courting Failure exposes yet another American institution corrupted by greed, avarice, and the thirst for power. Lynn LoPucki's eye-opening account of the widespread and systematic decay of America's bankruptcy courts is a blockbuster story that has yet to be reported in the media. LoPucki reveals the profound corruption in the U.S. bankruptcy system and how this breakdown has directly led to the major corporate failures of the last decade, including Enron, MCI, WorldCom, and Global Crossing. LoPucki, one of the nation's leading experts on bankruptcy law, offers a clear and compelling picture of the destructive power of "forum shopping," in which corporations choose courts that offer the most favorable outcome for bankruptcy litigation. The courts, lured by big money and prestige, streamline their requirements and lower their standards to compete for these lucrative cases. The result has been a series of increasingly shoddy reorganizations of major American corporations, proposed by greedy corporate executives and authorized by case-hungry judges.




Courting Failure


Book Description

The expert contributors to this volume assess recent court actions in school adequacy lawsuits and their impact on student outcomes. They show that simply throwing more resources at the problem has not brought about a solution and call for changes centered around accountability, incentives, and more informed parents and policymakers.




Courting Death


Book Description

Before constitutional regulation -- The Supreme Court steps in -- The invisibility of race in the constitutional revolution -- Between the Supreme Court and the states -- The failures of regulation -- An unsustainable system? -- Recurring patterns in constitutional regulation -- The future of the American death penalty -- Life after death




The Case Against the Supreme Court


Book Description

Both historically and in the present, the Supreme Court has largely been a failure In this devastating book, Erwin Chemerinsky—“one of the shining lights of legal academia” (The New York Times)—shows how, case by case, for over two centuries, the hallowed Court has been far more likely to uphold government abuses of power than to stop them. Drawing on a wealth of rulings, some famous, others little known, he reviews the Supreme Court’s historic failures in key areas, including the refusal to protect minorities, the upholding of gender discrimination, and the neglect of the Constitution in times of crisis, from World War I through 9/11. No one is better suited to make this case than Chemerinsky. He has studied, taught, and practiced constitutional law for thirty years and has argued before the Supreme Court. With passion and eloquence, Chemerinsky advocates reforms that could make the system work better, and he challenges us to think more critically about the nature of the Court and the fallible men and women who sit on it.




Going to Court to Change Japan


Book Description

Examines the relationship between social movements and the law in bringing about social change in Japan




Little Failure


Book Description

NEW YORK TIMES BESTSELLER • NATIONAL BOOK CRITICS CIRCLE AWARD FINALIST NAMED ONE OF THE TEN BEST BOOKS OF THE YEAR BY MICHIKO KAKUTANI, THE NEW YORK TIMES • NAMED ONE OF THE TEN BEST NONFICTION BOOKS OF THE YEAR BY TIME NAMED ONE OF THE BEST BOOKS OF THE YEAR BY MORE THAN 45 PUBLICATIONS, INCLUDING The New York Times Book Review • The Washington Post • NPR • The New Yorker • San Francisco Chronicle • The Economist • The Atlantic • Newsday • Salon • St. Louis Post-Dispatch • The Guardian • Esquire (UK) • GQ (UK) After three acclaimed novels, Gary Shteyngart turns to memoir in a candid, witty, deeply poignant account of his life so far. Shteyngart shares his American immigrant experience, moving back and forth through time and memory with self-deprecating humor, moving insights, and literary bravado. The result is a resonant story of family and belonging that feels epic and intimate and distinctly his own. Born Igor Shteyngart in Leningrad during the twilight of the Soviet Union, the curious, diminutive, asthmatic boy grew up with a persistent sense of yearning—for food, for acceptance, for words—desires that would follow him into adulthood. At five, Igor wrote his first novel, Lenin and His Magical Goose, and his grandmother paid him a slice of cheese for every page. In the late 1970s, world events changed Igor’s life. Jimmy Carter and Leonid Brezhnev made a deal: exchange grain for the safe passage of Soviet Jews to America—a country Igor viewed as the enemy. Along the way, Igor became Gary so that he would suffer one or two fewer beatings from other kids. Coming to the United States from the Soviet Union was equivalent to stumbling off a monochromatic cliff and landing in a pool of pure Technicolor. Shteyngart’s loving but mismatched parents dreamed that he would become a lawyer or at least a “conscientious toiler” on Wall Street, something their distracted son was simply not cut out to do. Fusing English and Russian, his mother created the term Failurchka—Little Failure—which she applied to her son. With love. Mostly. As a result, Shteyngart operated on a theory that he would fail at everything he tried. At being a writer, at being a boyfriend, and, most important, at being a worthwhile human being. Swinging between a Soviet home life and American aspirations, Shteyngart found himself living in two contradictory worlds, all the while wishing that he could find a real home in one. And somebody to love him. And somebody to lend him sixty-nine cents for a McDonald’s hamburger. Provocative, hilarious, and inventive, Little Failure reveals a deeper vein of emotion in Gary Shteyngart’s prose. It is a memoir of an immigrant family coming to America, as told by a lifelong misfit who forged from his imagination an essential literary voice and, against all odds, a place in the world. Praise for Little Failure “Hilarious and moving . . . The army of readers who love Gary Shteyngart is about to get bigger.”—The New York Times Book Review “A memoir for the ages . . . brilliant and unflinching.”—Mary Karr “Dazzling . . . a rich, nuanced memoir . . . It’s an immigrant story, a coming-of-age story, a becoming-a-writer story, and a becoming-a-mensch story, and in all these ways it is, unambivalently, a success.”—Meg Wolitzer, NPR “Literary gold . . . bruisingly funny.”—Vogue “A giant success.”—Entertainment Weekly




The Oxford Handbook of International Criminal Law


Book Description

In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes of liability and defences, and the role of states in prosecuting international crimes. The Oxford Handbook of International Criminal Law, however, takes a theoretically informed and refreshingly critical look at the most controversial issues in international criminal law, challenging prevailing practices, orthodoxies, and received wisdoms. Some of the contributions to the Handbook come from scholars within the field, but many come from outside of international criminal law, or indeed from outside law itself. The chapters are grounded in history, geography, philosophy, and international relations. The result is a Handbook that expands the discipline and should fundamentally alter how international criminal law is understood.




The Supreme Court’s Role in Mass Incarceration


Book Description

The Supreme Court’s Role in Mass Incarceration illuminates the role of the United States Supreme Court’s criminal procedure revolution as a contributing factor to the rise in U.S. incarceration rates. Noting that the increase in mass incarceration began climbing just after the Warren Court years and continued to climb for the next four decades—despite the substantial decline in the crime rate—the author posits that part of the explanation is the Court’s failure to understand that a trial system with robust rights for defendants is not a strong trial system unless it is also reliable and efficient. There have been many explanations offered for the sudden and steep escalation in the U.S. incarceration rate, such as "it was the war on drugs" to "it was our harsh sentencing statutes." Those explanations have been shown to be inadequate. This book contends that we have overlooked a more powerful force in the rise of our incarceration rate—the long line of Supreme Court decisions, starting in the Warren Court era, that made the criminal justice system so complicated and expensive that it no longer serves to protect defendants. For the vast majority of defendants, their constitutional rights are irrelevant, as they are forced to accept plea bargains or face the prospect of a comparatively harsh sentence, if convicted. The prospect of a trial, once an important restraint on prosecutors in charging, has disappeared and plea-bargaining rules. This book is essential reading for both graduate and undergraduate students in corrections and criminal justice courses as well as judges, attorneys, and others working in the criminal justice system.




The Devil Comes Courting


Book Description

Captain Grayson Hunter knows the battle to complete the first worldwide telegraphic network will be fierce, and he intends to win it by any means necessary. When he hears about a reclusive genius who has figured out how to slash the cost of telegraphic transmissions, he vows to do whatever it takes to get the man in his employ. Except the reclusive genius is not a man, and she’s not looking for employment. Amelia Smith was taken in by English missionaries as a child. She’s not interested in Captain Hunter’s promises or his ambitions. But the harder he tries to convince her, the more she realizes that there is something she wants from him. She wants everything. And she’ll have to crack the frozen shell he’s made of his heart to get it.