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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Debt's Dominion

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ISBN13: 9780691088105
ISBN: 0691088101
Published: April 2002
Publisher: University Presses of California, Columbia and Princeton
Format: Hardback
Price: Out of print

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??;pProbing the political dynamics behind this question, David Skeel provides a 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 increasinly powerful bankruptcy bar - explains the distinctive contours of American bankruptcy law. Their interplay, he argues, 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 t

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