9 results on '"David Skeel"'
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2. Christianity and Bankruptcy
- Author
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David Skeel
- Published
- 2021
- Full Text
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3. True Paradox : How Christianity Makes Sense of Our Complex World
- Author
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David Skeel and David Skeel
- Subjects
- Christian philosophy
- Abstract
Foreword Review's Annual INDIEFAB Book of the Year FinalistHow 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.
- Published
- 2014
4. When States Go Broke : The Origins, Context, and Solutions for the American States in Fiscal Crisis
- Author
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Peter Conti-Brown, David Skeel, Peter Conti-Brown, and David Skeel
- Subjects
- Finance, Public--United States--States, State government bankruptcy--United States
- Abstract
When States Go Broke collects insights and analysis from leading academics and practitioners that discuss the ongoing fiscal crisis among the American states. No one disagrees with the idea that the states face enormous political and fiscal challenges. There is, however, little consensus on how to fix the perennial problems associated with these challenges. This volume fills an important gap in the dialogue by offering an academic analysis of the many issues broached by these debates. Leading scholars in bankruptcy, constitutional law, labor law, history, political science and economics have individually contributed their assessments of the origins, context and potential solutions for the states in crisis. It presents readers - academics, policy makers and concerned citizens alike - with the resources to begin and continue that important, solution-oriented conversation.
- Published
- 2012
5. The Political Heart of Criminal Procedure : Essays on Themes of William J. Stuntz
- Author
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Michael Klarman, David Skeel, Carol Steiker, Michael Klarman, David Skeel, and Carol Steiker
- Subjects
- Criminal law--United States, Criminal procedure--United States, Criminal justice, Administration of--United States
- Abstract
The past several decades have seen a renaissance in criminal procedure as a cutting-edge discipline and as one inseparably linked to substantive criminal law. This renaissance can be traced in no small part to the work of a single scholar: William Stuntz. This volume brings together twelve leading American criminal justice scholars whose own writings have been profoundly influenced by Stuntz and his work. Their contributions consist of essays on subjects ranging from the political economy of substantive criminal law to the law of police investigations to the role of religion in legal scholarship - all themes addressed by Stuntz in his own work. Some contributions directly analyze or respond to Stuntz's work, while others address topics or themes Stuntz wrote about from the contributor's own distinctive perspective.
- Published
- 2012
6. The New Financial Deal : Understanding the Dodd-Frank Act and Its (Unintended) Consequences
- Author
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David Skeel and David Skeel
- Subjects
- Financial institutions--Law and legislation--United States, Financial services industry--Law and legislation--United States
- Abstract
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.
- Published
- 2011
7. Icarus in the Boardroom : The Fundamental Flaws in Corporate America and Where They Came From
- Author
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David Skeel and David Skeel
- Subjects
- Industrial management--United States, Directors of corporations--United States, Corporate governance--United States
- Abstract
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.
- Published
- 2005
8. Creditors' Ball: The 'New' New Corporate Governance in Chapter 11
- Author
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David Skeel
- Subjects
Corporate governance - Abstract
In the 1980s and early 1990s, many observers believed that the American corporate bankruptcy laws were desperately inefficient. The managers of the debtor stayed in control as "debtor in possession" after filing for bankruptcy, and they had the exclusive right to propose a reorganization plan for at least the first four months of the case, and often far longer. The result was lengthy cases, deteriorating value and numerous academic proposals to replace Chapter 11 with an alternative regime. In the early years of the new millennium, bankruptcy could not look more different. Cases proceed much more quickly, and they are much more likely to result in auctions or other sales of assets than in previous decades. This transformation is due in part to a change in the major corporations that file for bankruptcy. Rather than industrial, bricks-and-mortar firms, many of the new debtors are knowledge-based firms with transient assets. Much more important, however, has been the adjustments creditors have made in an effort to reassert control in bankruptcy. In this Article, I focus on the two most important contractual developments: lenders' use of debtor-in-possession financing agreements as a governance lever; and the so-called pay-to-stay arrangements which give key managers bonuses for meeting specified performance goals (such as quick emergence from bankruptcy or the sale of important assets). Both of these developments can be seen as adjustments by creditors to counteract bankruptcy's interference with the shift in control rights that would ordinarily occur at the time of financial distress. As I have discussed elsewhere, chapter 11 functioned somewhat like an antitakeover device in the 1980s. Creditors have now neutralized its effects. Of the two new contractual approaches, pay-to-stay agreements have proven much more controversial, prompting heated complaints about excessive managerial pay in cases like Enron, Polaroid and Kmart. The controversy is similar in obvious respects to the recent complaints about performance-based pay outside of bankruptcy. I argue that pay-to-stay agreements are more defensible, but also argue that bankruptcy compensation should be constrained in several ways. Although the use of DIP financing agreements to shape bankruptcy cases has not received nearly so much attention, the effect is even more profound. I argue that the use of these agreements to control Chapter 11 cases is, on the whole, a beneficial development. But I also argue that some of their terms - such as provisions protecting pre-petition loans by the DIP lenders and the use of DIP agreements to lock up control - should be subject to careful judicial scrutiny.
9. Why Do Distressed Companies Choose Delaware? An Empirical Analysis of Venue Choice in Bankruptcy
- Author
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Kenneth Ayotte and David Skeel
- Subjects
bankruptcy, Chapter 11, venue choice, forum shopping, Delaware, reorganization - Abstract
We analyze a sample of large Chapter 11 cases to determine which factors motivate the choice of filing in one court over another when a choice is available. We focus in particular on the Delaware court, which became the most popular venue for large corporations in the 1990s. We find no evidence of agency problems governing the venue choice or affecting the outcome of the bankruptcy process. Instead, firm characteristics and court characteristics, particularly a court's level of experience, are the most important factors. We find that court experience manifests itself in both a greater ability to reorganize marginal firms and in reorganizing such firms faster. Delaware is similar to other high-experience courts in terms of the likelihood of reorganization controlling for firm characteristics, but is a standout in terms of speed. We estimate that a Delaware bankruptcy requires approximately 40% less time to complete than an equivalent case in another court.
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