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Douglas Baird takes stock of the current state of contract doctrine and in the process reinvigorates the classic framework of Anglo-American contract law, showing that Oliver Wendell Holmes’s set of principles, properly understood, continue to provide the best guide to contracts for a new generation of students, practitioners, and judges.
This book promises to be the definitive guide to the field. It provides a highly sophisticated yet exceptionally clear explanation of game theory, with a host of applications to legal issues.
A Road Map to Bankruptcy Law; Individual Debtor and the Fresh Start; Corporate Reorganizations and the Absolute Priority Rule; Claims, Property of the Estate, and the Strong-Arm Powers; Executory Contracts; Fraudulent Conveyances, Equitable Subordination, and Substantive Consolidation; Preferences; Automatic Stay; Debtor in Possession; Forming the Plan of Reorganization.
Reveals the unwritten and hitherto inaccessible principles that govern the restructuring of large corporations in Chapter 11.
This sourcebook provides complete, up-to-date coverage of all aspects of performance management -- communication, coaching, measuring, rating, reviewing, and developing. It is a collection of articles from today's most authoritative sources which have been pre-selected and organized by experts to make it easy for you to get the best information on current trends in the field. This is an invaluable resource for those who are designing, managing, and evaluating performance management systems. It links performance management to strategy, and discusses it as an organizational culture change mechanism. The articles and other resources have been carefully selected to emphasize application, which makes this a practical how to sourcebook on all aspects of performance. Also included are ready-to-use, fully reproducible handouts, questionnaires, transparency masters, and other materials to use in presentations and training.
A careful analysis of the fundamentals of bankruptcy law.
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 ove...
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In a concise, compelling argument, one of the founders and most influential advocates of the law and economics movement divides the subject into two separate areas, which he identifies with Jeremy Bentham and John Stuart Mill. The first, Benthamite, strain, “economic analysis of law,” examines the legal system in the light of economic theory and shows how economics might render law more effective. The second strain, law and economics, gives equal status to law, and explores how the more realistic, less theoretical discipline of law can lead to improvements in economic theory. It is the latter approach that Judge Calabresi advocates, in a series of eloquent, thoughtful essays that will appeal to students and scholars alike.