Search Results: debt-s-dominion-a-history-of-bankruptcy-law-in-america

Debt's Dominion

A History of Bankruptcy Law in America

Author: David A. Skeel Jr.

Publisher: Princeton University Press

ISBN: 1400828503

Category: Business & Economics

Page: 296

View: 7734

Bankruptcy in America, in stark contrast to its status in most other countries, typically signifies not a debtor's last gasp but an opportunity to catch one's breath and recoup. Why has the nation's legal system evolved to allow both corporate and individual debtors greater control over their fate than imaginable elsewhere? Masterfully probing the political dynamics behind this question, David Skeel here provides the first complete account of the remarkable journey American bankruptcy law has taken from its beginnings in 1800, when Congress lifted the country's first bankruptcy code right out of English law, to the present day. Skeel shows that the confluence of three forces that emerged over many years--an organized creditor lobby, pro-debtor ideological currents, and an increasingly powerful bankruptcy bar--explains the distinctive contours of American bankruptcy law. Their interplay, he argues in clear, inviting prose, has seen efforts to legislate bankruptcy become a compelling battle royale between bankers and lawyers--one in which the bankers recently seem to have gained the upper hand. Skeel demonstrates, for example, that a fiercely divided bankruptcy commission and the 1994 Republican takeover of Congress have yielded the recent, ideologically charged battles over consumer bankruptcy. The uniqueness of American bankruptcy has often been noted, but it has never been explained. As different as twenty-first century America is from the horse-and-buggy era origins of our bankruptcy laws, Skeel shows that the same political factors continue to shape our unique response to financial distress.

Debt's Dominion

A History of Bankruptcy Law in America

Author: David A. Skeel

Publisher: Princeton University Press

ISBN: 9780691116372

Category: Business & Economics

Page: 281

View: 5856

Bankruptcy in America, in contrast to most other countries, signifies a chance for debtors to stop and recover. This text probes the political dynamics behind this system and provides an account of the journey American bankruptcy law has taken from its beginnings in 1800 to the present day.

Debt's Dominion

A History of Bankruptcy Law in America

Author: David A. Skeel

Publisher: Princeton University Press

ISBN: 9780691088105

Category: Business & Economics

Page: 281

View: 8574

Bankruptcy in America, in contrast to most other countries, signifies a chance for debtors to stop and recover. This text probes the political dynamics behind this system and provides an account of the journey American bankruptcy law has taken from its beginnings in 1800 to the present day.

Bankruptcy in United States History

Author: Charles Warren

Publisher: Beard Books

ISBN: 9781893122161

Category: Law

Page: 195

View: 9383

Republic of Debtors

Bankruptcy in the Age of American Independence

Author: Bruce H Mann

Publisher: Harvard University Press

ISBN: 0674040546

Category: History

Page: 358

View: 4618

Debt was an inescapable fact of life in early America. At the beginning of the eighteenth century, its sinfulness was preached by ministers and the right to imprison debtors was unquestioned. By 1800, imprisonment for debt was under attack and insolvency was no longer seen as a moral failure, merely an economic setback. In Republic of Debtors, authorBruce H. Mann illuminates this crucial transformation in early American society.

Debtors and Creditors in America

Insolvency, Imprisonment for Debt, and Bankruptcy, 1607-1900

Author: Peter J. Coleman

Publisher: Beard Books

ISBN: 189312214X

Category: Business & Economics

Page: 303

View: 9972

Americans now depend more heavily upon credit than any other society on Earth, or any other time in history. Borrowing has become a way of life for millions of families, and it is hard to imagine a time when charge accounts did not exist. Nonetheless, it would be a mistake to assume that, because a wallet filled with plastic instead of cash is a relatively new phenomenon, Americans have not been borrowers and lenders since the colonization of the New World. Author Peter J. Coleman proves otherwise. In one Form or another -- notes of hand, book credit, commercial paper, mortgages, land contracts -- settlers borrowed to pay their passage from Europe, to buy and clear land, to build and operate mills, to purchase slaves, and to gamble and drink. Debtors' prison awaited those who could not pay their debts, and a pauper's grave received the unfortunate who lacked the private means to feed and clothe himself in prison. While the debtors' prisons described in this book no longer exist, the author maintains that our credit-oriented society has yet to devise cheap, efficient, equitable, and humane methods of enforcing contracts for debt.

Icarus in the Boardroom

The Fundamental Flaws in Corporate America and Where They Came From

Author: David Skeel

Publisher: Oxford University Press

ISBN: 9780195346596

Category: Law

Page: 264

View: 9032

Americans have always loved risktakers. Like the Icarus of ancient Greek lore, however, even the most talented entrepreneurs can overstep their bounds. All too often, the very qualities that make Icaran executives special-- self-confidence, visionary insight, and extreme competitiveness--spur them to take misguided and even illegal chances. The Icaran failure of an ordinary entrepreneur isn't headline news. But put Icarus in the corporate boardroom and, as David Skeel vividly demonstrates, the ripple effects can be profound. Ever since the first large-scale corporations emerged in the nineteenth century, their ability to tap huge amounts of capital and the sheer number of lives they affect has meant that their executives play for far greater stakes. Excessive and sometimes fraudulent risks, competition, and the increasing size and complexity of organizations: these three factors have been at the heart of every corporate breakdown from 1873, when financial genius Jay Cooke collapsed, to the corporate scandals of the early 21st century. Compounding the scandals is an ongoing cat-and-mouse game between regulators' efforts to police the three factors that lead to Icarus Effect failures and efforts by corporate America to evade this regulation in the name of efficiency and flexibility. These efforts to side-step oversight can rapidly spiral out of control, setting the stage for the devastating corporate failures that punctuate American business history. But there is also a silver lining to the stunning failures: the outrage they provoke galvanizes public opinion in favor of corporate reform. The most important American business regulation has always been enacted in response to a major breakdown in corporate America. Today's business environment poses unprecedented perils for the average American as for the first time ever, more than half of Americans now own stock. Identifying the problems of the past, Skeel offers a strikingly new diagnosis of the fundamental flaws in corporate America today, and of what can be done to fix them.

When States Go Broke

The Origins, Context, and Solutions for the American States in Fiscal Crisis

Author: Peter Conti-Brown,David Skeel

Publisher: Cambridge University Press

ISBN: 1107023173

Category: Business & Economics

Page: 325

View: 376

When States Go Broke discusses the ongoing fiscal crisis among the American states.

Elements of Bankruptcy

Author: Douglas G. Baird,Lawrence A. Frolik,Richard L. Kaplan

Publisher: Foundation Press

ISBN: 9781609303549

Category: Law

Page: 291

View: 4784

The New Financial Deal

Understanding the Dodd-Frank Act and Its (Unintended) Consequences

Author: David Skeel

Publisher: John Wiley & Sons

ISBN: 9781118014929

Category: Business & Economics

Page: 208

View: 7141

The good, the bad, and the scary of Washington's attempt to reform Wall Street The Dodd-Frank Wall Street Reform and Consumer Protection Act is Washington's response to America's call for a new regulatory framework for the twenty-first century. In The New Financial Deal, author David Skeel offers an in-depth look at the new financial reforms and questions whether they will bring more effective regulation of contemporary finance or simply cement the partnership between government and the largest banks. Details the goals of the legislation, and reveals that how they are handled could dangerously distort American finance, making it more politically charged, less vibrant, and further removed from basic rule of law principles Provides an inside account of the legislative process Outlines the key components of the new law To understand what American financial life is likely to look like in five, ten, or twenty years, and how regulators will respond to the next crisis, we need to understand Dodd-Frank. The New Financial Deal provides that understanding, breaking down both what Dodd-Frank says and what it all means.

Business and Entrepreneurship in Saudi Arabia

Opportunities for Partnering and Investing in Emerging Businesses

Author: Edward Burton

Publisher: John Wiley & Sons

ISBN: 111929617X

Category: Business & Economics

Page: 264

View: 9038

An investor's crucial guide to the changing face of Saudi Arabian business Business and Entrepreneurship in Saudi Arabia is an essential reference guide, informing investors on the key issues that define how business will be done as the nation's family-owned businesses change hands. Supported by the U.S.-Saudi Arabian Business Council, this book introduces the reader to the new Saudi entrepreneur and explains why Saudi Arabia's boom deserves more of the world's attention. As the heads of family-owned businesses age and corporate boards are reshaped, business practices will be influenced by the ascension of the country's young leaders. Interviews with young Saudi entrepreneurs describe the challenges, triumphs, failed attempts, and successful endeavors they experience every day as time-tested traditional models bump up against more modern, innovative ideas and methods. The book's companion website features a variety of useful tools and documents that help readers implement the concepts presented, and the firsthand information provides deep insight into the future of these companies. Saudi Arabia is profoundly influencing the technological advances of multiple industries through increasing collaboration and in-country partnerships with communities around the world. The evolution of the Kingdom's family-owned businesses is becoming more important to investors as young Saudis claim their legacies, and this book provides an insightful understanding of the changing nature of Saudi business. Meet the emerging entrepreneur class of Saudi Arabia Learn how the Saudi boom affects global business Discover what investors need to know about the Saudi economy Examine how time and technology is reshaping the way business is done Gain useful insight into the direction management of the Kingdom's growth will take over the next five years The Saudi economy constitutes thirty percent of the Arab world's GDP, and sixty percent of the population is under the age of thirty. Business and Entrepreneurship in Saudi Arabia provides essential information investors need to navigate the changing tide of doing business in Saudi Arabia.

The Engine of Enterprise

Credit in America

Author: Rowena Olegario

Publisher: Harvard University Press

ISBN: 067491550X

Category: Business & Economics

Page: N.A

View: 9406

Tracing credit from colonial times to the present and highlighting its productive role in building national prosperity, Rowena Olegario probes questions that have divided Americans: Who should have access to credit? How should creditors assess creditworthiness? How can borrowers and lenders accommodate to the risks of a credit-dependent economy?

Is U. S. Government Debt Different?

Author: Donald S. Bernstein

Publisher: N.A

ISBN: 9780983646990

Category: Debts, Public

Page: 316

View: 7693

History of the American Constitutional Or Common Law with Commentary Concerning Equity and Merchant Law

Author: Howard Fisher,Richard Knutson

Publisher: Espirit Bridge

ISBN: 9781572820104

Category: Law

Page: 142

View: 7414

True Paradox

How Christianity Makes Sense of Our Complex World

Author: David Skeel

Publisher: InterVarsity Press

ISBN: 0830896694

Category: Religion

Page: 179

View: 6096

Foreword Review's 17th Annual INDIEFAB Book of the Year Finalist (Religion) How do we explain human consciousness? Where do we get our sense of beauty? Why do we recoil at suffering? Why do we have moral codes that none of us can meet? Why do we yearn for justice, yet seem incapable of establishing it? Any philosophy or worldview must make sense of the world as we actually experience it. We need to explain how we can discern qualities such as beauty and evil and account for our practices of morality and law. The complexity of the contemporary world is sometimes seen as an embarrassment for Christianity. But law professor David Skeel makes a fresh case for the plausibility and explanatory power of Christianity. The Christian faith offers plausible explanations for the central puzzles of our existence, such as our capacity for idea-making, our experience of beauty and suffering, and our inability to create a just social order. When compared with materialism or other sets of beliefs, Christianity provides a more comprehensive framework for understanding human life as we actually live it. We need not deny the complexities of life as we experience it. But the paradoxes of our existence can lead us to the possibility that the existence of God could make sense of it all.

Essays in the History of Canadian Law

Quebec and the Canadas

Author: George Blaine Baker,Donald Fyson

Publisher: University of Toronto Press

ISBN: 1442670061

Category: History

Page: 608

View: 8832

The essays in this volume deal with the legal history of the Province of Quebec, Upper and Lower Canada, and the Province of Canada between the British conquest of 1759 and confederation of the British North America colonies in 1867. The backbone of the modern Canadian provinces of Ontario and Quebec, this geographic area was unified politically for more than half of the period under consideration. As such, four of the papers are set in the geographic cradle of modern Quebec, four treat nineteenth-century Ontario, and the remaining four deal with the St. Lawrence and Great Lakes watershed as a whole. The authors come from disciplines as diverse as history, socio-legal studies, women’s studies, and law. The majority make substantial use of second-language sources in their essays, which shade into intellectual history, social and family history, regulatory history, and political history.

Law in America

A Short History

Author: Lawrence M. Friedman

Publisher: Modern Library

ISBN: 1588362507

Category: History

Page: 224

View: 310

“Law in America is a little gem. It is a peerless introduction to our legal history—concise, clear, tellingly told, and beautifully written. The greatest living historian of American law has done it again.” —Stanley N. Katz, former president of the American Society for Legal History and the Organization of American Historians “All societies have laws, but neither all laws nor all legal systems are alike. No one has thought more deeply or written more clearly about the peculiar role of law in American life than Lawrence Friedman. In this trenchant, illuminating book, he distills a lifetime of scholarship and teaching into a concise and provocative explanation of the role that law has played in shaping the distinctive contours of American history and culture.” —David M. Kennedy, professor of history at Stanford University and author of Freedom from Fear Throughout America’s history, our laws have been a reflection of who we are, of what we value, of who has control. They embody our society’s genetic code. In the masterful hands of the subject’s greatest living historian, the story of the evolution of our laws serves to lay bare the deciding struggles over power and justice that have shaped this country from its birth pangs to the present. Law in America is a supreme example of the historian’s art, its brevity a testament to the great elegance and wit of its composition.

Sovereign Debt

From Safety to Default

Author: Robert W. Kolb

Publisher: John Wiley & Sons

ISBN: 9781118017555

Category: Business & Economics

Page: 449

View: 8095

An intelligent analysis of the dangers, opportunities, and consequences of global sovereign debt Sovereign debt is growing internationally at a terrifying rate, as nations seek to prop up their collapsing economies. One only needs to look at the sovereign risk pressures faced by Greece, Spain, and Ireland to get an idea of how big this problem has become. Understanding this dilemma is now more important than ever, that's why Robert Kolb has compiled Sovereign Debt. With this book as your guide, you'll gain a better perspective on the essential issues surrounding sovereign debt and default through discussions of national defaults, systemic risk, associated costs, and much more. Historical studies are also included to provide a realistic framework of reference. Contains up-to-date research and analysis on sovereign debt from today's leading practitioners and academics Details the dangers of defaults and their associated systemic risks Explores the past, present, and future of sovereign debt The repercussions of a national default are all-encompassing as global markets are intricately interwoven in the modern world. Sovereign Debt examines what it will take to overcome the challenges of this market and how you can deal with the uncertainty surrounding it.

Across the Great Divide

New Perspectives on the Financial Crisis

Author: Martin Neil Baily

Publisher: Hoover Institution Press

ISBN: 0817917861

Category: Business & Economics

Page: 424

View: 587

The financial crisis of 2008 devastated the American economy and caused U.S. policymakers to rethink their approaches to major financial crises. More than five years have passed since the collapse of Lehman Brothers, but questions still persist about the best ways to avoid and respond to future financial crises. In Across the Great Divide, a copublication with Brookings Institution, contributing economic and legal scholars from academia, industry, and government analyze the financial crisis of 2008, from its causes and effects on the U.S. economy to the way ahead. The expert contributors consider postcrisis regulatory policy reforms and emerging financial and economic trends, including the roles played by highly accommodative monetary policy, securitization run amok, government-sponsored enterprises (GSEs), large asset bubbles, excessive leverage, and the Federal funds rate, among other potential causes. They discuss the role played by the Federal Reserve and examine the concept of "too big to fail." And they review and assess resolution frameworks, considering experiences with Lehman Bros. and other firms in the crisis, Title II of the Dodd-Frank Act, and the Chapter 14 bankruptcy code proposal.

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