I. Introduction Imagine finding yourself in litigation in a foreign country. Then, imagine learning that, in the past, your opponent has routinely hired the person who will be the “neutral” adjudicator in your case. Now imagine that since the commencement of the litigation your opponent subsequently has appointed the adjudicator to also be its party-appointed […] Continue Reading >
Introduction As titles go, “International Law in the Post-Human Rights Era” is a pretty catchy one.[1] I am not sure, however, that the claim, in its breadth of ambition, can be robustly sustained, or that it would not be more correct (although less catchy) to simply speak of “the limited impact of human rights on […] Continue Reading >
The Rise and Fall of Fear of Abuse in Consumer Bankruptcy
English Justice for an American Company?
The Rise and Fall of Fear of Abuse in Consumer Bankruptcy
Prepared for a symposium celebrating the groundbreaking career of Jay Westbrook, this Article examines recent evidence of fear of abuse of the benefits of consumer bankruptcy and the gradual abatement of that fear in modern consumer insolvency law reform. It marshals evidence of a recent and accelerating retreat in both the judicial discretion that Westbrook attributed […] Continue Reading >