Rescuing Business: The Making of Corporate Bankruptcy Law in England and the United States. Bruce G. Carruthers , Terrence C. Halliday

2000 ◽  
Vol 105 (4) ◽  
pp. 1207-1209
Author(s):  
John Henry Schlegel
Social Forces ◽  
1999 ◽  
Vol 78 (2) ◽  
pp. 812 ◽  
Author(s):  
Kevin Delaney ◽  
Bruce G. Carruthers ◽  
Terence Halliday

2007 ◽  
Vol 3 (2) ◽  
pp. 203-225 ◽  
Author(s):  
BRADLEY A. HANSEN ◽  
MARY ESCHELBACH HANSEN

Abstract:We illustrate mechanisms that can give rise to path dependence in legislation. Specifically, we show how debtor-friendly bankruptcy law arose in the United States as a result of a path dependent process. The 1898 Bankruptcy Act was not regarded as debtor-friendly at the time of its enactment, but the enactment of the law gave rise to changes in interest groups, changes in beliefs about the purpose of bankruptcy law, and changes in the Democratic Party's position on bankruptcy that set the United States on a path to debtor-friendly bankruptcy law. An analysis of the path dependence of bankruptcy law produces an interpretation that is more consistent with the evidence than the conventional interpretation that debtor-friendliness in bankruptcy law began with political compromises to obtain the 1898 Bankruptcy Act.


1983 ◽  
Vol 11 (1) ◽  
pp. 19-28
Author(s):  
Lawrence M. Ginsburg ◽  
Sybil A. Ginsburg

The historical background of bankruptcy law in the United States is examined. The paucity of literature about the psychology of bankrupts is noted. Published studies are cited which trace the stages of ego disintegration under state-imposed constraints. The reported analysis of a bankruptcy lawyer is excerpted to illustrate the link with death which his work unconsciously represented for him. Brief clinical examples of the psychology of two bankrupts are included, with discussion about their psychodynamics. Pronouncements of two prominent patients are quoted and reviewed, along with biographical formulations about post-insolvency transference and countertransference considerations involving their respective analysts.


1900 ◽  
Vol 9 (7) ◽  
pp. 287
Author(s):  
Henry G. Newton

2007 ◽  
Vol 56 (1) ◽  
pp. 199-208 ◽  
Author(s):  
Colin Warbrick ◽  
Colin Warbrick

In July 2006, three bankers, all UK nationals, were extradited to the United States on charges of conspiracy to defraud their one-time employers, a British bank, a subsidiary of Natwest. The conduct took place under the shadow of the ‘Enron’ affair. The defendants were said to have conspired with senior officials of Enron. Enron was the subject of the largest corporate bankruptcy in US history. In comparison the sums involved in the Enron collapse, those at stake in what the papers called the ‘Natwest Three’ case were small, but the involvement of persons implicated in the Enron affair made the defendants of interest to US prosecutors. The cases enjoyed an unusual public profile, partly because the extraditions took place under the unique legal regime which governs US-UK extradition,1 partly because this case was simply one of several cases in which persons charged with what one might loosely call economic crimes were sought by US prosecutors2 and partly because the defendants argued that their offences (which they denied) were allegations of what were ‘really’ English crimes which should have been proceeded with here. Although the extradition aspects have loomed largest, this last matter, possible conflicts of criminal jurisdiction, is the most interesting.


1903 ◽  
Vol 12 (5) ◽  
pp. 338
Author(s):  
S. W. E. ◽  
H. Noyes Greene

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