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8/20/2019 In Re Kaiser - Elizabeth Warren Verified Statement
1/21
IN
THE
UNITED STATES BANKRUPTCY
OURT
FOR
THE DISTRICT
OF
DELAWARE
------------------------------------------X
In re:
hapter
11
Kaiser Aluminum Corp.,
et l
Debtors.
· x
Case No:
02-10429
JKF)
(Jointly Administered)
VERIFIED STATEMENT
OF PROFESSOR
ELIZABETH WARREN IN
ACCORDANCE
WITH
SECTION 1103
OF THE
BANKRUPTCY CODE
AND RULE 2014
OF THE
FEDERAL RULES
OF
BANKRUPTCY PROCEDURE
Pursuant to rule 2014(a) of the Federal Rules ofBankruptcy Procedure (the Bankruptcy
Rules ), Elizabeth Warren, being duly sworn, deposes and says:
I am a member of the bar of the States ofTexas and New Jersey and I am the Leo
Gottlieb Professor
of
Law at the Harvard Law School. I maintain my office at Hauser 200,
Harvard Law School, Cambridge, MA 02138.
2. make this Statement pursuant to Bankruptcy Rule 2014 in support of the
Supplemental Application Pursuant to Federal Rule
of
Bankruptcy Procedure 2014(a) and
sections 327(a) And 103 of the Bankruptcy Code for the entry of an order, nunc pro tunc as
of
February 25, 2002, authorizing the retention
ofthe
law firm
of
Caplin Drysdale, Chartered
( Caplin Drysdale ), as national counsel to the Official Committee ofAsbestos Claimants
( Committee ) and Professor Elizabeth Warren as special bankruptcy consultant to Caplin
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Drysdale ( Application ). The facts set forth in this Statement are personally known to me and,
if
called
as
a witness, would testify thereto.
3.
As set forth in my attached curriculum vitae I have held academic teaching
appointments since 1978 and have published numerous articles and books in the field
of
Bankruptcy Law y experience in the bankruptcy field reaches across a broad range
of
topics
and issues, as follows:
4. I began work on mass tort bankruptcies in the early 1980s when I started teaching
mass tort bankruptcies in my bankruptcy classes and advanced seminars at the University
of
Texas. In 1984, wrote the initial drafts of a chapter on mass tort bankruptcies for my casebook
with Professor Westbrook, The aw ofDebtors and Creditors (Little Brown 1985). taught that
chapter and continued to research and update the materials contained in it for the next sixteen
years. The latest edition of the casebook, The aw
of
Debtors and Creditors (4
h edition Aspen
2001 , includes sections dealing with mass tort bankruptcies, future claims, conflicts among
claimant classes, and a several other issues that arise with special force in asbestos bankruptcies.
In the late 1980s and early 1990s, I helped design and implement judicial
education programs dealing with mass tort bankruptcies. I served for nine years on the Federal
Judicial Center's Bankruptcy Education Committee. Many of the Federal Judicial Center
programs in those years included a section on issues relevant to mass tort bankruptcies. There
was also at least one invitation-only program specifically developed
to
deal exclusively with
mass tort bankruptcies. served on the planning committee for each of these programs.
attended many of the programs and spoke at several ofthem on a wide range oftopics, including
mass tort bankruptcies.
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6. In the early 1990s, I worked
as
a member ofthe National Bankruptcy Conference
on its Code Review Project on the bankruptcy system. My specific assignment was to develop a
recommendation to Congress on how to deal with mass tort bankruptcies. I wrote several drafts
ofthat report, with the thoughtful advice and suggestions ofthe Mass Tort committee of the
NBC. I presented the report to the Conference, leading a discussion and modifying the
recommendations based on that discussion. Twice I returned to the Conference at its annual
meetings with modified versions. The Conference finally adopted the third report. That report
was published in the Conference s recommendations to Congress in The National Bankruptcy
Conference, REFORMING
THE
BANKRUPTCY
CODE
Future laims 281 (Final Report May 1
994). The mass tort recommendations were revisited by the Conference after section 524(g)
was added to the Bankruptcy Code in 1994. continued to lead discussions in the Conference
about the future claims issues. The National Bankruptcy Conference s second comprehensive
recommendation to Congress, REFORMING THE BANKRUPTCY
CODE Future laims
33 (Final
Report May 1 1997), included the future claims recommendations developed by my committee
and endorsed by the Conference.
In 1993 and 1994 when Congress was considering amending the Bankruptcy
Code to deal with mass tort bankruptcies, I provided assistance to various Congressional staff
people. tried to help them understand the issues involved and to evaluate the various statutory
proposals as they arose.
8.
In 1994, Congress established the National Bankruptcy Review Commission. t
the time the Commission was formed, mass tort bankruptcies were chief among the items on its
agenda. Congress had recently passed 11 U.S.C.
§
524(g) dealing with mass tort problems
exclusively in the asbestos industry, but several people in Congress hoped that the Commission
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would develop a more comprehensive approach to replace that section. In 1995, Congressman
Mike Synar was appointed to lead the Commission. When Congressman Synar asked me to be
the Adviser to the Commission, he specifically asked
if
I would develop proposals and write a
report for the Commission on mass tort bankruptcies. I agreed. When the Commission formed
working groups, I assisted the mass tort group, supervised the research on the subject, developed
an agenda to consider mass tort issues, prepared a number
of
position papers, invited witnesses
and participants to Commission meetings, and helped craft a proposal that was ultimately
adopted unanimously by the Commissioners. That report is now published as part of the
Commission s final report. REPORT OF THE NATIONAL BANKRUPTCY REVIEW
COMMISSION, Treatment o Mass Future Claims n ankruptcy 2 1 (October 20, 1997).
9 In the past few years, I have continued my academic research on mass tort
bankruptcies. I gave an address, for example, in 1999 at the Manhattan Institute on the
connection between bankruptcy and mass tort reform. The Institute asked for permission to
publish those remarks. In 1993, I organized and moderated a conference that brought together
academics, judges, and practitioners at the University
of
Pennsylvania on the subject
of
mass
torts and bankruptcy In 1995, I spoke at the Federal Reserve Bank in Philadelphia about mass
tort bankruptcies. From 1995 through 2000, I have taught the subject ofmass tort bankruptcies
at Harvard s Practicing Law Institute as part of the course on Business Bankruptcy. I have
taught the issues related to mass tort bankruptcies in my advanced Chapter 1 seminars at the
University
ofTexas
the University ofPennsylvania and the University ofTexas. At Harvard
Law School I have supervised senior honors theses and master s theses on mass torts in
bankruptcy. Each time I have spoken or supervised a student, have reviewed the published
cases and scholarly literature on mass tort bankruptcies.
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10. Moreover, every year since 1983, I have given a lecture at the University
of
Texas
n the annual bankruptcy program. My topic, shared with Professor Jay Westbrook, has always
been, Recent Developments. To prepare for this, I read the even-numbered volumes
of
the
bankruptcy reporter that have been published during the year while Professor Westbrook reads
the odd-number volumes. We both write squibs on interesting cases, and then write on four or
five topics each in greater detail. Those longer pieces become the basis for an oral presentation
as well. In several
of
those years, I have spoken on one or another topics related to mass tort
bankruptcies. Both the squibs and the extended discussions are published each year
by
the CLE
program sponsors.
In addition to these academic and legislative activities, have consulted with a
number of
companies on mass tort issues. I served in an advisory capacity to Dow Chemical, the
parent company of ow Coming, in the early days
of
the Dow Coming bankruptcy I have
assisted the Johns Manville 'rust and the National Gypsum Trust in appellate litigation. I have
been an expert witness on behalfof the National Gypsum Trust and the Fuller Austin trust.
These trusts were formed as part
ofthe
confirmation
of
a plan
of
reorganization in mass tort
asbestos bankruptcies. I have assisted in the preparation for petitions for certiorari to the United
States Supreme Court in two cases involving future claims, one in an environmental context and
one in an employee liability context. I have argued a case on behalf of Fairchild Aviation, an
airplane manufacturer facing future claims liability. I have filed an amicus brief in future claims
litigation involving Piper Aircraft.
12. In addition, I am working with Caplin Drysdale as a consultant in Chapter 11
proceedings involving the Babcock Wilcox Company, Pittsburgh Coming Corporation, Owens
Coming Corporation, Armstrong World Industries, Inc., W.R. Grace Company, G 1 Holdings,
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Inc., United States Gypsum Corporation, Federal-Mogul Global, Inc. and North American
Refractories Company.
13 Based on all of the above. I
am
unaware ofhaving any connection with Kaiser
Aluminum Corporation. et al. their creditors, the United States Trustee, or any other party, or
their respective attorneys or accountants.
14.
Further, as stated in the Application, will not be a member, associate or of
counsel to the firm
of
Caplin Drysdale. Harvard Law School expressly prohibits faculty
members from forming such relationships. The law school policy is unambiguous: Faculty
members should not be partners in law firms or be held out as of counsel ... Harvard Law
School, Faculty Manual2001-2002 (August 1 2001). I believe this policy is fairly standard
in
law schools throughout the country, although it is not strictly enforced at all schools.
It
is,
however, strictly enforced at Harvard Law School.
15 do not share any compensation with Harvard Law School or Harvard University
that I receive when I consult. Neither Harvard Law School nor Harvard University have any
financial interest of any kind in my employment. Harvard University understands that faculty
members may participate in a broad range
of
outside activities, and it specifically acknowledges
the benefits that consulting and advising may produce. See Appendix A Harvard Law School
Guidelines for Reporting. The university also understands that faculty will be compensated for
such work.
t
asks for no part of the compensation received, but instead imposes a limit on the
amount of time that faculty members may spend in such consulting activities. See Appendix A.
16. In addition, Harvard University limits the time each faculty member spends on
outside activities to twenty percent of a faculty member s total professional effort. See Appendix
A. The University requires that each faculty member report annually the time spent on outside
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activities. Outside activities requiring reporting include litigation and litigation related c t i v i t i e ~
advising, consulting, counseling, lectures and conferences, and commissioned research While
-Iarvard University has extensive rules governing the reporting
of
outside activities, it asks for no
information
of
any kind about the identity
of
those with whom a faculty member consults
or
on
whose behalf such work is undertaken. Reporting forms have only the time spent and the type 1
activity; there is no space available to report the identities of any ofthe involved parties. I have
made no disclosures to Harvard University or Harvard Law School about my outside activities
other than the time spent, and I expect to make no such disclosures in the future.
17 I am an employee of arvard University; my compensation is fixed
by
Harvard
Jaw School. do not share
in
any way in the proceeds or receipts
of
Harvard University or
Harvard Law School. I do not represent Harvard University
or
Harvard Law School as counsel
With the exception
of
a few private donors whom I know personally and what I occasionally read
in the newspapers, do not know who donates to Harvard University
or
Harvard Law School. I
do
not know what companies are included within Harvard University's investment portfolio.
have no information to suggest that Kaiser Aluminum Corporation or any
of
ts affiliates is one
of
Harvard University's donors or
in
Harvard University's investment portfolio.
18 Subject to the Court's approval,
my
hourly rate in this case will
be
675. My
customary billing rate is 700. I have been working, writing, teaching, lecturing, and consulting
in the bankruptcy field for twenty-two years. My fee is commensurate with other professionals
of similar experience. do not share in partnership profits. I sharply limit the time I spend
on
paid consultation, spending the remainder
ofmy
time either on my university work or
on
uncompensated writing, research, lecturing and various pro bono activities.
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19. I will maintain strict billing records to account for time spend in
the
service
of
the
Committee
in
these proceedings. When I undertake any
work
at
the
request
of
Caplin
Drysdale, I will ask for the name of he committee on whose behalf will
be
working, and I will
keep records accordingly that will distinguish such time and work from
any other
case
or
matter
upon which
I
work, including but not limited to the other asbestos-related bankruptcies on which
I am working with Caplin Drysdale. To facilitate
the
administrative process and to minimize
the my administrative time, in light of my limited role, Caplin Drysdale will incorporate
my
time entries in its billing statement and will bill for my services as part of the Caplin
Drysdale's monthly and quarterly fee applications.
20. t is anticipated that I will provide very limited services in this Bankruptcy Case.
In general, my billable hours will not exceed ten hours
per
month and usually will be
significantly less. I will work with Caplin Drysdale as a consultant
in
this bankruptcy case
providing advice
and
guidance to the Committee through
the
Caplin Drysdale firm, as well as
to the other asbestos-related bankruptcy cases in which Caplin Drysdale is counsel to the
committees representing asbestos personal injury claimants. Generally, wilJ focus
my
efforts in
assisting Caplin Drysdale with respect to the Plan of Reorganization process. I may, however,
be
consulted by Caplin Drysdale on other technical issues that may arise in the course of he
case. will not
be
involved in the day-to-day administration of the case.
21 In accordance
with
section 504
of the
Bankruptcy
ode
and rule 2016(b)
of
the
Bankruptcy Rules, no division of compensation has been or will be
made
by Caplin Drysdale
and
me
.
22. have
not
entered into any agreements, express
or
implied, with
any
other party in
interest, including
the
Debtors, attorneys for
the
Debtors,
any
creditor, or
any
attorney for such
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party in interest for compensation to be paid from the assets
o
the estate rendered in connection
with this case in excess
o
the compensation allowed by law
WHEREFORE respectfully request that this Court enter the order filed concurrently
herewith authorizing the employment
nun pr tun
effective as
o
February 25 2002
o
Caplin
9
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Drysdale as national counsel
t
the Committee and Professor Elizabeth Warren as special
bankruptcy consultant to Caplin Drysdale
Elizabeth Warren
SWORN
t
and subscribed before me
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August 2001
Academic ppointments
ELIZABETH WARREN
Leo
Gottlieb Professor of Law
Harvard Law School
Harvard Law School. 1995-present:
Lc.o
Gottlieb Professor ofLaw; 1992-93: Robert
Braucher Visiting Professor of Commercial Law.
The
University of Pennsylvania
Law
School. 1990-1995: William A Schnader Professor
of
Commercial Law; 1987-1990: Professor
of
Law.
The University of Texas School of
Law.
1986-87: Jay
H
Brown Centennial Fellow
in
Law;
1983-1987:
Professor ofLaw.
1985-86:
Conoco Faculty Fellow
in Law;
1981-82:
Visiting Associate Professor
of Law.
The University
of
Texas at Austin. 1983-87: Research Associate, Population Research
Center.
The University ofHouston Law Center.
1981 83:
Associate Professor of Law; 1978-80:
Assistant Professor
of
Law; 1980-81: Associate Dean
for
Academic Affairs.
The University
of
Michigan.
1985:
Visiting Professor
of
Law
Rutgers School
of
Law Newark). 1977-78: Lecturer in Law
Teaching Fields
Contracts, Secured
e n d i n g ~
Bankruptcy, Payment Systems, Commercial Paper,
Regulated Industries, Corporations, Partnerships, Banking Regulation.
Education
J.D.
Rutgers-Newark,
1976
B.S. University ofHouston,
1970
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Pu
blicatioos
BANKRUPTCY AND REVISED ARTTCI.E
9 (Aspen
Law
Business 2001)
(With Sullivan and Westbrook) THe FRAGILE MIDDLE CLASS:
AMERICANS IN
DEBT
(Yale UniversityPress 2000).
(With Westbrook)
THE
LAW OF DEBTORS
AND
CREDITORS (Little, Brown Co. 1986).
SUP
PLEMENT
TO
THE
LAW
Of
DEBTORS
AND
CREDITORS (1990). THE LAW OF DEBTORS
AND
CREDITORS
(Little,
Brown
&Co.
2d
cd. 1991,
2 d
ed. 1991, As
pen
3rd ed. 1996,
4
1
h
ed
.
2001 ).
(With
Westbrook)
TEACHERS
MANUAL,
THE
LAW
OF DEBTORS AND CREDITORS (Little,
Brown
Co.
1986, 2
4
ed.
1991, Aspen
3fd
ed. 1996, 4
1
h
ed. 2001 ).
(With LoPucki) SE CURED TRANSACT IONS: A SYSTEMS
APPROACH
(Little, Brown & Co.
1995,
Aspen 2d. Ed. 1998, 3d ed. 2000).
(With LoPucki) TEACHERS MANUAL, SECU
RED
TRANS
ACTIONS:
A SYSTEMS
APPROACH
(Little, Brown
Co. 1995, Aspen 2d.
ed.
1998, 3d.
ed
. 1998, 3d.
ed.
2000).
(With LoPucki, Keating, Mann) COMMERCIAL
LAW
: A
SYSTEMS
APPROACH (Little,
Brown
Co. 1998).
(With
LoPucki, Keating, Mann)
TEACHERS
MANUAL
,
COMMERCIAL
LAW: A
SYSTEMS
APPROACH
(Little Brown Co.
1998)
.
REPORT OF THE NA1'10NAL BANKRUPTCY R.E.VlEW COMMISSION (Reporter) (October 20,
1997).
BUSINESS BANKRUPTCY (Federal Judicial Center 1993).
(With Sullivan and Westbrook) AS WE FORGIV
E
OUR D EBTORS: CONSUMER CREDIT AND
BANKRUPTCY IN
AMERICA (Oxford University Press 1989).
Book Chapters
Evaluate the Present nd Shape the Furure in
TH
DEVELOPMENT OF BANKRUPTCY &
REORGANJZATION
L W IN
THE
CO
URTS
OF
THE
SECOND CIRCUIT OF
THE UNITED ST TES
(Matthew Bender 1995).
(With Sullivan and Westbrook)
Bankruptcy and the Family in
FAMIUES AND
LAW
(L.
Ma
cintyre,
M . Sussman eds.
Haworth
Press 1995).
2
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Reports
(With Sullivan and Westbrook) FINANCIAL DIFFICULTIES
OF SM LL
BUSINESSES AND
REASONS FOR THEIR FAILURES (Small Business Administration) (September 1998).
Academic Journs.Js
(With Sullivan and Westbrook) '
Une Prosperite PrecaireSur
les
situations flnancieres
critiques dans la classe moyenne, 138 Actes de la Recherche en Sciences Sociales 19·
33 (Juin 2001) (abstracts in French, English, German, and Spanish).
(With Jacoby and Sullivan) Rethinking the Debates over Health. Care Financing:
Rvidencefrom the BanJ...ruptcy Courts 76 NEw YoRK
UNlVF.RSlTY
LAW REVIEW 375
(2001
).
(With Jacoby and Sullivan) Medical Problems and Bankruptcy Filings NoRTON
BANKRUPTCY
LAW
ADVISOR
1
(May
2000).
(With Westbrook) Financial Characteristics o Businesses
in
Banlrruptcy 73
AMERICAN
BANKRUPTCY
LAW
JOURNAL 499 (1999).
The Changing Politics o American Bankrupu.y Reform
37 OSGOODE HALL LAW
JouRN L 189 (Symposium Spring/Summer 1999).
(With
Sullivan) The Changing Demographics o Bankruptcy NORTON BANKRUPTCY
LAW
ADVISOR
(October 1999).
(With
Sullivan) More
Women in
Banln·uptcy American
Banl 1Uptcy
Institute Joumal
(July 30 1999).
(With Sullivan) Women in Bankruptcy American Banlcruptcy Institute .Toumal (July 13,
1999).
(With Westbrook) The Business Ban/..:ruptcy Project: The Work in Progress 72
NATIONAL
CONFERENCE OF
BANKRUPTCY
JUDGES
2.3
(1998).
The BanJ..Tuptcy Crisis 731NDIANA LAW JOURNAL 1079 (Harris
Lectu.re)
(1998).
(With Sullivan and Westbrook) From Golden Years
to
Bankrupt Years
NORTON
BANKRUPTCY
LAW
ADV1SOR l(July
1998).
Al/aking Policy with Impe1fecl Information: The Article 9 Full Priority Debates
82
CORNELL LAW
REVIEW
101(1998).
A Principled Approach
to
Consumer Ban/...7uptcy
71 AMERICAN BANKRUPTCY LAW
JOURNAL483
(1997).
3
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Academic Journals,
cont.
With Sullivan
and
Westbrook)
America s
Consum.er Banlo·uptcy
Dichotomy: A Study of
Alleged Ahuse and Local Legal Culture, 20 JOURNAL OF CONSUMER POLICY 223 Ian
Ramsey, ed., Great Britain).
A Basic Bankruptcy Conceptfor Consumer Banlrruptcy 51 CONSUMER FINANCE LAW
QUARTERLY
REPORT 3
Winter
1997).
An Article 9 Set Aside for Unsecured Creditors,
51
CONSUMER FINANCE LAW
QUARTERLY
REPORT 323 Fall
1997).
Article 9 Set Aside for Unsecured Creditors, UCC BUU.F. T TN
(1
October 1996).
With
Sullivan
and Westbrook)
Bankruptcy and the Family,
21
MARRIAGE FAMILY
REVIEW
193 1995).
With Westbrook) Searching for Reorganization Realities, 72 WASHINGTON UNIVERSITY
LAW QUARTERLY
3001 1994)
symposium issue).
With Sullivan and Westbrook) The Persistence ofLocal Legal Culture: Twenty Years of
Evidettcefrom the Bankruptcy
Courts
17 HARVARD JOURNAL
OP
LAW PUBLIC POLICY
801
1994).
With
Sullivan and Westbrook) Consumer Debtors Ten Years Later: A Financial
Comparison of onswner Bankrupts 1981-91,68 AMERICAN BANKRUPTCY LAW
JOURNAL 121 1994).
Further Reconsideration: A Comment on Baird s Article 9 Reconsidered,
80
VIRGINIA
LAW REVIEW 2301 1994) symposiwn issue).
Banknlptcy Policymaking in an Imperfect
World 92
MICHIGAN LAW REVIEW
336 1992).
With Sullivan and Westbrook) Baby Boomers and
the
Bankruptcy Boom, NORTON
BANKRUPTCY
LAW
ADVISOR l April1993).
7 e
Untenable
Case For Repeal
of
Chapter 11
102
YALE
LAW
JOURNAL
437
(1992).
Why Have a Federal Bankruptcy System?, 77
CORNELl
LAW REVIEW 2401 1992).
A T1zeory
of
Absolute Priority,
1991 NEW
YORK UNIVERSITY ANNUAL SURVEY OF
AMERICAN
LAW 9.
4
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A endemic
o u r n a l s ~
cont.
Absolute Priority, New Value and 17zeories ofBankruptcy, 1990
N.C.B.J.
1125 (1990).
With Sultivan and Westbrook)
Laws,
Atfodels
andReal People, 13
LAW
AND SOCIA
INQUIRY
661
1988).
Legal Realism: Commenta1y,
1988
NEW YORK UNIVERSITY ANNUAL SURVEY OF
AMERICAN
LAW
49 1988).
Bankruptcy
Policy
54 UNIVERSITY CHICAGO LAW REVIEW 775 (J 987); reprinted in
CORPORATE BANKRUPTCY: ECONOMIC ND
LEGAL PERSPECTIVES Bhandari
Weiss,
eds. Cambridge University Press 1994) and reprinted in
Company
Law S. \Vheeler, ed.
Dartmouth Publishing United Kingdom 1993).
With Sullivan and Westbrook) The Role
of
Empirical Data
in
Formulating a National
Bankruptcy Policy, 50
LAW
AND
CONTEMPORARY PROBLEMS
195 1987).
With Sullivru1 and Westbrook) Folklore and
FacLs:
A Prelimina1y Report from The
Consumer Bankruptcy Project,
60
AMERlCAN BANKRUPTCY LAW JOURNAL 293
1986).
With Sullivan and Westbrook) Rejoinder: Limiting Access o Banb·uptcy Discharge,
1984 WISCONSIN LAW REVIEW
1087.
Reducing Bankruptcy Protection for
Consumers:
A Response, 72
GEORGETO WN
L W
JoURNAL
1333
1984).
With
Sullivan
and Westbrook)
Limiting Access
to
Bankruptcy Discharge: An Analysis of
the Creditors Data, 1983 WISCONSIN LAW REVIEW 1091.
Formal and Operative Rules Under Common Law and Code, 32 UCLA LAW REVIEW
898 1983).
Trade Usage and Parties in the Trade: An Economic RatioHale for an Inflexible Rule
42
PITTSBURGH
LAW REVIEW 515
1982).
Regulated Industries Automatic Cost ofService Adjustme11t Clauses: Do They I11crease
or
Decrease
Cost
to
the
Consumer?,
55
NOTRE
DAME LAWYP.R
333 1980).
Tax
Accounting in Regulated Industries: Limitations on Rate Base Exclusions, 31
RUTGERS LAW REVIEW 187 (1978).
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Academic Journals
cont.
Busing-Supreme Courr Restricts Equity Powers
o
District Courts to Order Jnterschool
Busing, 28
RUTGERS LAW REVIEW
1225 (1975)(STUDENT WORK .
Other Publications
Anti-Women
Bankruptcy Bill
May Be Veto-Proof, 'Women's Enews
(December
14,
2000)
Commentary: Don t Link
Bankruptcy,
Domestic Violence Bills, Women's
Enews
(October 4, 2000)
Homeowners in Banlauptcy: The Hidden Costs ofPredatory Lending, testimony before
the
Predatory Lending Joint Task Force of the Department
of
Housing and Urban
Development, May
25,
2000.
Banh·uptcy Reform
Targets the
Little
Guy,
Star Ledger, Perspectives (February 2, 2000 .
The
New Women s Issue:
BanJ.cruptcy
Law, Christian
Science
Monitor (September 1
0,
1999).
Banlo Upt? Pay Your Child Support First,
New York Times
A19
(April27,
1998 .
Bankruptcy Refonn, testimony before the Joint Hearing
ofth
Subcommittee on
Administrative Oversight
and
the courts and the Subcommittee
of
the Commerc1a.l and
Adminlstrative Law, March
11, 1999.
In
Serious Jeopardy: Lies v. Unadulterated Statistics Muddle Bankroptcy Reform,
Chicago Tribune
21
(March
19, 1998 .
How I Write,
4
SCRIBES JOURNAL OF
LEGAL
WRITING
71 (Symposium Issue) (1994).
Chapter 11 Report,
NATIONAL BANKRUPTCY
CONFERENCES' CODE
REVIEW PROJl3CT,
REFORMING THE BANKRUPTCY CODE
265 (Reporter 1994).
Consumer Credit Industry, testimony before the House of Representatives Com.mittee
on Banking and Coinage, Subcorrunittee on Consumer Affairs, Hearings published in
Congressional Record and Committee Hearings Report, September 10, 1992.
Small
Business and Big Trouble, 2
TURNAROUNDS AND
WORKOUTS 3 (Survey
of
Consumer
Banlcruptcics Issue) (July 15, 1992).
6
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Other Publications cont.
Bankruptcy is
a
Better
Altemative (opinion
piece)
NATIONAL LAW
JOURNAt (April 20,
1992).
(With Sullivan and
Westbrook) What
We
Really Said About Chapler
13, 5
NATIONAL
ASSOCIATION OF CHAPTER 13 TRUSTEES QUARTERLY 18 (April,
1992).
The Bankruptcy Code and Individual Debtors, testimony before the Sena.le Judiciary
Committee, Subcommittee on Courts and Administrative Practices,
Hearings
published
in
Congressional Record and Committee Hearings Report
July, 1991.
Book Review, The
Law
o
Letters
o Credit:
Commercial
and
Standby Credits 48 TEXAS
BAR
JOURN L
216 (1985).
LENDING
OFFICERS
MANUAL (Revision) (for Texas Bankers Association 1984).
(With
Sullivan
and Westbrook)
Ban o-uptcy
Judges and Banla·uptcy Lawyers
9TH
ANNUAL REPORT f 'fl-IE AMERICAN SOCJOLOGICAL ASSOCIATION (1984).
(With
Sullivan and Westbrook) Consumer Choices
in
Bankruptcy: Statutory Inte1:1tions
and Statutory
Consequences, listed as Funded Proposal 831 0193,
National
Science
Foundation Archives (1983) (published grant application).
(With
Sullivan
and
Westbrook) American Consumer BanJ..ntptcy Law: ff 11o is Served?
781h Annual Meeting of
the
American Sociological Association
(1983).
Regulatory Lag Fallacy,
106
PUBLIC UTILITIES
FORTNTGHTLY
15 (August
14,
1980).
Honors and wards
Champion o
Consumer
Rights Award National Association
of
Consumer Bankruptcy
Attorneys, April27, 2000
Scholarship
Award American College
of
Consumer Financial Services Lawyers (for
THE
FRAGILE
MIDDLE
CLASS),
March
24,
2000
Outstanding Bankrupzcy Academics Turnarounds Workouts (July 1999, July 2000)
Brown A·ward
for Judicial Scholarship
and Education Federal Judicial Center ( 1998)
CommendationjoJ· Service American Banlauptcy Board of Certification (1998)
.
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Competitive Grants cont.
1993
National Conference ofBanlcruptcy Judges, Empirical Study
o
Business
1998 Bankruptcy.
Scholar in Residence, Rockefeller Foundation, Bellagio,
Italy.
1995- Small Business Administration, Research Grant for Empirical Study on Small
1998
Business Failure.
Moller Research Chair in Bankruptcy Law and Policy.
Research Foundation, University ofPennsylvan1a.
National Conference
o
Bankruptcy Judges, Empirical Study
o
Consumer
Debtors.
P11blic
Policy Research Initiative, University
o
Pennsylvania.
Jolm
M.
Olin
Foundation, Institute for
Law
and Economics, University
o
Pennsylvania.
Policy Research Institute,
Economic
and Political Institutions Grant.
American Bar Foundation, Meyer Research Grant.
National Institute
o
Child Health
and Human
Development,
HD
#06160-15.
1984 National Science Foundation, GrantNo. SES 8310173.
1986
Consumer Choices in
Banl-ruptcy:
Statutory Intentions and Statutory
Consequences.''
1985- Texas
Bar Foundation, Grant
for
Research
on
Banlauptcy Demographics Grant.
1986
Policy Research Institute, Grant
No.
30-3239-4850.
M D
Anderson Research Fellow.
1979 Resem ch
Initiation Grant, University of Houston.
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Selected Professional Activities
Sec.ond Vice-President Council o the American Law Institute; Executive Committee o
Council 1994-1995 1998-present Nominating Committee 1995-present.
United States Adviser Transnational Insolvency Project American. Law Institute 1995-
prcscnt.
Reporter/Adviser
to
the National Bankruptcy Review Commission 1995-1997.
Federal Judicial Center Committee on Judicial Education three
tenns
by the appointment
of Chief Justice Rehnquist 1990-1999.
National Bankruptcy Conference Executive Committee 1993-1995.
Editorial Advisory Board Little Brown
and
Company Law School Division 1990-
present.
Board
o Trustees American Bankruptcy Board o Certification 1992-1996.
Board
o
Editors American Bankruptcy Law Journal
1989-92.
Chair Legislation Committee Debtor-Creditor Section Association o American Law
Schools 1990-1993 Chair Debtor-Creditor Section 1989-90.
Adviser German Goverrunent Task Force on Banlauptcy Reform 1993
Eastern District
o
Pennsylvania Bankruptcy Conference Secretary and Steering
Committee 1990-1992.
Texas State Bar Advisory Commission on Legal Specialization Charter Member BoarC:
ofDirectors 1986-87.
Proposal Reviewer National
Scie.nce
Foundation 1985-present.
Professional Development Committee American Association o aw Schools 19
88 91
Planning Committee Association o American Law Schools Conference
on
Teaching
Contract Law
1989.
Chair Association o American
Law
School Commercial Law Workshop May-June
1984.
Chair Commercial and Related Consumer Law Section Association o American. Law
Schools 1983-84.
10
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