Workshop on Bankruptcy

Association of American Law Schools

Workshop on Bankruptcy

May 17–19, 2001
St. Louis, Missouri

Workshop Materials

Speakers were asked to submit materials from their presentations at the Workshop on Bankruptcy. Links to available materials are provided in the Workshop Program below.

Program

Thursday, May 17, 2001

4:00-8:00 p.m.
Registration

6:00-8:00 p.m.
AALS Reception

Friday, May 18, 2001

8:45 - 9:00 a.m.
Welcome
Harry G. Prince, AALS Deputy Director

Introduction
Daniel Louis Keating, Washington University, St. Louis, and Chair, Planning Committee for the AALS Workshop on Bankruptcy

9:00 - 10:30 a.m.
Impact and Influence: Vern Countryman, Lawrence P. King and Barry Zaretsky

John D. Ayer, University of California, Davis
Margaret Howard, Vanderbilt University
Bruce A. Markell, University of Nevada, Las Vegas
Alan N. Resnick, Hofstra University
View Presentation Material

Moderator: Karen Gross, New York Law School

The bankruptcy field has lost three of its leaders, Vern Countryman, Lawrence P. King and Barry Zaretsky. The purpose of this session is to honor and remember them by reflecting on the impact and influence of their scholarship. It is our tribute to them and their lasting legacy.

[Session to be published in the American Bankruptcy Law Journal].

The locus classicus re Countryman's career and his place in the intellectual history of the law is David A. Skeel, Jr., "In Memoriam: Vern Countryman (Vern Countryman and the Path of Progressive (and Populist) Bankruptcy Scholarship)," 113 Harv. L. Rev. 1075 (2000).

Obituaries can be found at:
www.amercol.org/col9908.pdf
www.law.harvard.edu/news/countrymanobit.html
www.news.harvard.edu/gazette/1999/05.13/Countryman.obit.html
(this last includes a wonderful picture)

Countryman's book on Douglas is The Judicial Record of Justice William O. Douglas (Harvard University Press, 1974).

See also The Douglas opinions, edited by Vern Countryman (Random House 1977).

10:30 - 10:45 a.m.
Refreshment Break

10:45 a.m. - 12:00 noon
Legislation: The Best and Worst

Peter C. Alexander, Pennsylvania State University
David Arthur Skeel, Jr., University of Pennsylvania
Mary Josephine Wiggins, University of San Diego

Moderator: Daniel Louis Keating, Washington University, St. Louis

In this session, three bankruptcy academics will share with the audience their personal picks for the "3 best" and "3 worst" provisions under the new bankruptcy legislation. The three speakers will not know in advance the best and worst picks of their fellow speakers. All aspects of bankruptcy legislation are fair game. (If no new legislation passes, then the panelists will discuss the merits of the most significant bankruptcy bills that failed.)

12:00 noon - 1:45 p.m.
AALS Luncheon

2:00 - 3:30 p.m.
Concurrent Sessions on Teaching

Simulations/Computer-Based Learning: Chapter 11
Robert M. Lawless, University of Missouri-Columbia
For further information, visit http://mail.law.missouri.edu/lawless/bus_bkr/aals.htm.
The Honorable Barry S. Schermer, U.S. Bankruptcy Judge, U.S. Bankruptcy Court, Eastern District of Missouri, St. Louis, Missouri

Consumer Bankruptcy Course: Expanding Horizons
Michael M. Greenfield, Washington University, St. Louis
View Presentation Material
David A. Lander, Esq., Thompson Coburn LLP, St. Louis, Missouri
View Presentation Material

International Bankruptcy Course
Susan Block-Lieb, Fordham University
For further information, go to http://law.fordham.edu/index.htm.
Click on the Virtual Curriculum Center icon on the lower left side of the screen. Enter AALS as your username, faculty member, and Bankruptcy as your password. Click on "international insolvency law" and navigate around the materials, with special focus on assignments.
Jay L. Westbrook, University of Texas
View Book Chapter [PDF file], Classroom Exercise, Presentation Material

Bankruptcy Clinics and Skills Teaching
Mary Jo Eyster, Brooklyn Law School
View Course Summary, Course Syllabus, Student Manual
Michael A. Gerber, Brooklyn Law School
Karen Gross, New York Law School
View Presentation Material

Bankruptcy as a Vehicle to Teaching Other Values
G. Marcus Cole, Stanford Law School
Nancy B. Rapoport, University of Houston

3:30 - 3:45 p.m.
Refreshment Break

3:45 - 5:00 p.m.
Repeat of Concurrent Sessions

Bankruptcy as a Vehicle to Teaching Other Values
G. Marcus Cole, Stanford Law School
Nancy B. Rapoport, University of Houston
View Presentation Material

8:30 p.m.
Informal Evening Sessions

I. Milk and Cookies for Untenured Faculty

Moderators:
Michael A. Gerber, Brooklyn Law School
View Presentation Material
Mary Josephine Wiggins, University of San Diego

In this informal evening session, tenured faculty will be available to provide advice, encouragement and counsel on the tenure process.

II. Comparative Consumer Bankruptcy Law Issues

Moderators:
Jean Braucher, University of Arizona
View Presentation Material
Iain D.C. Ramsay, Osgoode Hall Law School, York University, Toronto, Ontario, Canada
View Presentation Material

In addition to providing information about the July 2001 Law & Society meeting in Budapest (where these issues will be explored on several panels), the session will cover future research topics and collaborative networking opportunities for those interested in this field. Even if this topic has not piqued your interest to date, you may find it of growing relevance as more and more countries consider adopting systems to deal with consumer over-indebtedness.

Saturday, May 19, 2001

8:00-9:00 a.m.
Continental Breakfast Program

How the New UCC Impacts on Bankruptcy

This session will provide attendees with the highlights of the amendments of the UCC that affect substantive bankruptcy law.

Jean Braucher, University of Arizona
Lois R. Lupica, University of Maine
View Presentation Material

9:00-10:30 a.m.
Concurrent Sessions on Scholarship

Economic Perspectives
Lawrence M. Ausubel, Professor of Economics, University of Maryland, Department of Economics, College Park, Maryland
View Presentation Material
George G. Triantis, University of Chicago

Empiricism: Uses and Abuses of Data
Marjorie L. Girth, Georgia State University
View Presentation Material, Bibliography
Robert M. Lawless, University of Missouri-Columbia
For further information, visit http://mail.law.missouri.edu/lawless/bus_bkr/aals.htm.

10:30 - 10:45 a.m.
Refreshment Break

10:45 a.m. - 12:15 p.m.
Concurrent Sessions on Scholarship

Bankruptcy and Social Welfare Theory
A. Mechele Dickerson, College of William and Mary
View Presentation Material
Christopher W. Frost, University of Kentucky
View Presentation Material

Utilitarian Scholarship
Ralph Brubaker, Emory University
Bernard R. Trujillo, University of Wisconsin

12:15 - 2:15 p.m.
AALS Luncheon

Who Wants to be a Bankruptcy Millionaire?

Hosted by: Reynaldo "Regis" Valencia, St. Mary's University

Can you answer this question: What former professional baseball player with an extensive car collection filed for bankruptcy relief?

A. Reggie Jackson
B. Jack Clark
C. Mark Gastineau
D. Pete Rose

The audience and selected participants will play our version of a popular TV game show. Participants will be able to take the home version of the game on diskette for use in their classrooms. Prizes will be given to the lucky winners.

Don't know the answer, don't worry...lifelines will be available!

The prizes given for the Bankruptcy Millionaire's Game have been donated by the American Bankruptcy Institute.

2:30 - 4:00 p.m.
Coming Out of the Ivory Tower

John D. Ayer, University of California, Davis
Reynaldo Valencia, St. Mary's University
G. Ray Warner, University of Missouri-Kansas City
Elizabeth Warren, Harvard Law School

Moderator: Karen Gross, New York Law School
View Presentation Material

In addition to scholarship and teaching, bankruptcy academics can add to and learn from the world outside the ivory tower. The purpose of this session is to consider the myriad of ways that academics can participate in the larger world through fellowships, law practice, official appointments and community service. Consider the ways to become proactive!

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