Experience
Columbia Law
School
Professor of Law, 2007 – present
Milton Handler Fellow, 2005 – 2007
Associate Professor of Law, 2003 – 2007
John M. Olin, Jr. Fellow, Center for Law and
Economics Studies, 2002–03
University
of Chicago Law School
Visiting Professor, Spring 2008
Hon.
Antonin Scalia, U.S.
Supreme Court
Judicial Clerk, 2001-02
Hon.
Richard A. Posner, U.S.
Court of Appeals, Seventh Circuit
Judicial Clerk, 2000-01
Other: Wachtell, Lipton,
Rosen & Katz, New York, NY, Summer Associate, 1999; Jackson & Kelly,
Washington, DC, Summer Associate, 1995; Bureau of Economic and Business
Research, Salt Lake City, UT, Research Associate, 1993-94
Education
University
of Chicago Law School
J.D.,
with High Honors, 2000
Activities: Articles
Editor, University
of Chicago Law Review, 1998-99; Staff Member,
1997-98
Honors: John M. Olin
Prize, to the outstanding graduate in Law and Economics, 2000; Olin Student
Fellowship in Law and Economics, 1995-96, 1997-00; Bradley Foundation Economics
Fellowship, 1997-00; Joseph Henry Beale Prize, for outstanding work in the
first-year legal research and writing program, 1995
University
of Chicago, Department of Economics
Ph.D.,
2003; M.A., 1997
Thesis: Bankruptcy Decision-Making: An Empirical
Study of Small-Business Bankruptcies
Teaching: Teaching
Assistant to Profs. Gary S. Becker, James J. Heckman and José S. Scheinkman
Honors: State Farm
Foundation Dissertation Award, 2000-01; Bradley Foundation Scholarship,
1997-99; Honorary Scholar, Univ. Wisconsin-Madison, Department of Economics,
2000–2001
University of Utah
B.S.,
summa cum laude, in Economics and Accounting,
with Honors Program Degree, 1994
Honors: Phi Beta
Kappa; Phi Kappa Phi Graduate Fellowship, 1994; Honors Baccalaureate
Scholarship, 1994; First Prize, Beta Alpha Psi undergraduate manuscript
contest, 1993; Outstanding Scholar Scholarship, School of Business, 1993-94;
Honors Foreign Study Scholarship in Greece, 1992; full-tuition
scholarship, 1989-93
Teaching
Bankruptcy Law: Fall 2003, Spring 2004, Fall 2005, Fall 2007,
Spring 2008 (at Univ. Chicago),
Fall 2008
Contracts: Fall 2004, Fall
2005, Fall 2006, Fall 2008
Law and Economics Seminar: Fall 2006, Fall 2007,
Fall 2008
Empirical Law and Economics Seminar: Spring 2008 (at
Univ. Chicago)
Current Issues in Corporate Reorganization: Spring 2004, Spring
2006, Spring 2009
Law & Economics
Workshop:
2004-05, 2005-06
Publications
Articles: Bankruptcy
Decisionmaking: An Empirical Study of Continuation Bias in Small Business
Bankruptcies,
50 J. L. Econ. (2007)
Serial
Entrepreneurs and Small Business Bankruptcies, 105 Colum. L. Rev. 2310 (2005) (with
Douglas G. Baird)
Financial Contracts and the New Bankruptcy Code:
Insulating Markets from Bankrupt Debtors and Bankruptcy Judges, 13 Am. Bankr. Inst. L.
Rev. 641 (2005) (with Joerg Riegel)
Adversary
Proceedings in Bankruptcy: A Sideshow, 79 Am. Bankr. L. J. 951 (2005) (with Douglas
G. Baird)
Derivatives
and the Bankruptcy Code: Why the Special Treatment?, 22 Yale J. Reg. 91
(2005) (with Franklin R. Edwards)
Bankruptcy
Decisionmaking,
17 J. Law, Econ. & Org. 356 (2001) (with Douglas G. Baird)
Chapters: Timbers
of Inwood Forest, the Economics of Rent, and the Irrelevance of Supreme Court Precedent,
in Bankruptcy Stories (Foundation
Press: Robert K. Rasmussen, ed.) (forthcoming 2007)
Derivatives and Systemic Risk: What Role Can the
Bankruptcy Code Play?,
in Systemic Financial Crises
(World Scientific Press: Douglas D. Evanoff and George G. Kaufman, eds.) (2005)
(with Franklin R. Edwards)
In Progress: Bargaining around Bankruptcy: Small Business Distress and State Law
Creditor
Control and Conflict in Chapter 11 (with Kenneth Ayotte)
Health
Shocks and Bankruptcy
(with Larry Cook, Heather Keenan, and Lenora Olson)
Credit
Cards, Mortgages, and Debt Substitution (with Christopher Mayer)
Lien
Stripping in Bankruptcy and the Availability of Home Mortgages (with Richard Hynes
and Christopher Mayer)
The
Bankruptcy Lag
(with Richard Hynes)
Economics of
Bankruptcy
(Edward Elgar: Edward R. Morrison, ed.)
Comment: Judicial Review of Discount Rates Used in
Regulatory Cost-Benefit Analysis, 65 U. Chi. L. Rev. 1333 (1998)
Older work: Off-Balance Sheet Risks: What Are They and Why is Their
Disclosure Important?,
11 J. Acct. Educ. 313 (1993)
Impact
of the Salt Lake City Airport on the Utah
Economy,
53 Utah Econ.
& Bus. Rev. 1 (1993) (second author, Boyd L. Fjeldsted)
Government Reports
Small Business
Bankruptcy and the Bankruptcy Abuse and Consumer Protection Act of 2005 commissioned by the
Small Business Administration (Government Contract No. SBAHQ-06-A-0023),
pursuant to the Bankruptcy Abuse Prevention and Consumer Protection Act of
2005, Pub. L. No. 109-8 § 443
Invited Presentations
Health Shocks and
Bankruptcy
Harvard/Texas Conference on Commercial Law
Realities, February 2008
Columbia Law School, October 2007
Creditor Control and
Conflict in Chapter 11
University of Virginia Law School,
April 2008
University of Southern
California Law School,
March 2008
Case Western
Law School, February 2008
Columbia Law
School, November 2007
University of Pennsylvania School of Law,
November 2007
Conference on
Empirical Legal Studies (CELS), November 2007
Oxford University, October 2007
Triangle Law &
Economics Conference, Duke
University, April 2007
Harvard/Texas
Conference on Commercial Law Realities, April 2007
Westpoint Stevens in
Chapter 11: A Class of Titans
Turnaround Management
Association (TMA)/The Deal Distressed Investing Conference, January 2008
Financial Contracts
and the Bankruptcy Code: Safe
Harbors with Broad Scope
and Uncertain Justification
Lawrence P. King and Charles
Seligson Workshop on Bankruptcy and Business
Reorganization, October 2007
Columbia Law School, Deals Roundtable,
October 2006
Bankruptcy’s Rarity:
An Essay on Small Business Bankruptcy in the United States
European Company and Finance Review (ECFR)
Conference, October 2007
Bargaining around
Bankruptcy: Small Business Distress and State Law (and previous titles)
Stanford/Yale Junior
Faculty Forum, May 2007
American Law and
Economics Association (ALEA) Annual Meeting, May 2007
Fordham Junior Faculty
Forum, March 2007
University of Toronto Faculty of Law, March
2007
Columbia Law
School, Faculty Lunch
Series, March 2007
National Bureau of
Economic Research (NBER), March 2007
Columbia Law
School, Contracts and
Economic Organization Workshop, March 2007
University of Chicago Law School,
February 2007
AALS Annual Meeting,
January 2007
Northwestern
University, School
of Law, November 2006
Georgetown University
Law Center, April 2006
Harvard/Texas Conference
on Commercial Law Realities, April 2006
Hedge
Fund Failures
American Bankruptcy Institute Insolvency
Symposium, February 2007
Serial Entrepreneurs
and Small Business Bankruptcy
American Law and
Economics Association (ALEA) Annual Meeting, May 2005
Harvard/Texas
Conference on Commercial Law Realities, April 2005
University of Virginia School
of Law, February 2005
Boalt Hall, November
2004
Columbia Law
School, October 2004
Cornell Law
School, October 2004
Derivatives and
Systemic Risk: What Role Can the Bankruptcy Code Play?
Federal Reserve Bank
of Chicago
International Conference on “Systemic Financial Crises: Resolving Large Bank
Insolvencies,” September 2004
Bankruptcy Decisionmaking: An Empirical Study
of Continuation Bias in Small Business Bankruptcies (and other titles)
Columbia Business
School, April 2004
William & Mary School
of Law, April 2004
University of Virginia School
of Law, February 2004.
Harvard Law
School, February, March 2003
Cornell Law
School, January 2003
NYU School of Law, January 2003
University of Pennsylvania Law School,
January 2003
Northwestern University School of Law, January 2003
Columbia Law
School, January 2003
Yale Law
School, December 2002
Georgetown Law
Center, December 2002
Vanderbilt Law
School, December 2002
Theory and Evidence on the Costs of Damages
Rules (and other titles)
American Law and Economics Association (ALEA)
Annual Meeting, May 2001
University of Chicago Department of Economics, October 2000
Vanderbilt University Law
School, October 2000
Bankruptcy Decisionmaking
University of Chicago Law School,
May 2000 (with Douglas Baird)
American Law and
Economics Association (ALEA) Annual Meeting, May 2000
University of Virginia School of Law, April 2000 (with Douglas
Baird)
Commentary And Other
Presentations
Commentator on Adair
Morse, Payday Lenders: Heroes or
Villains?, Conference on the Law and Economics of Consumer Credit, University of Virginia
School of Law, February 2008
Commentator on Lynn M.
LoPucki and Joseph W. Doherty, The
Determinants of Professional Fees in Large Bankruptcy Reorganization Cases
Revisited, Conference on Empirical Legal Studies, November 2007
Commentator on Kenneth
S. Reinker and David Rosenberg, Improving
Medical Malpractice Liability by Allowing the Insurers to Take Charge, University
of Chicago Conference on Current Research on Medical Malpractice Liability, May
2006
Commentator on
Katharina Pistor, Who is Tolling the
Bells to Firms? Lessons from Transition Economies, Columbia Law
School Faculty Lunch
Series, September 2005
Commentator on Victor
P. Goldberg, Alcoa v. Essex: Bad
Contracts Can Make For Bad Law, Columbia Law School
Faculty Retreat, November 2004
Moderator, Panel
Discussion on Hedge Fund Regulation, Columbia
Business Law Review 20th Anniversary Event, April 2006
Moderator, Bankruptcy
and Creditors’ Rights II, American Law and Economics Association (ALEA) Annual
Meeting, May 2004
Conference
Organization
Roundtable on Hedge
Funds, Creditor Control, and Restructuring, Columbia
Law School
Transactional Studies Program, New
York, NY, Oct. 27,
2006
Federal Judicial
Center and Columbia Law School
Program for Bankruptcy Judges: Law and Business, Columbia Law School, New York,
NY, April 26-28, 2005
Service
On Committees
Co-Chair,
Clerkships & Judicial Relations Committee: 2006-08
Resources
and Development: Fall 2006, Fall 2007
Associates
Committee: 2004-06
Business
Task Force: 2004-07, Fall 2007
Information
Technology: 2004-05
Admissions
and Financial Aid: 2003-04
Student
Services: 2003-04
Other Service to Columbia Law
School
Director/Instructor, Leiden-Amsterdam-Columbia
Summer Program in American Law, The Netherlands, Director, 2007-present;
Co-Director, 2006; Instructor, 2004-05
Member, Board
of Directors, Columbia Business Law
Review, 2005-present
Advisor to Annual
Survey (on bankruptcy law), Columbia
Business Law Review, 2004-05
Service
to Columbia University
Dissertation Committee Member for Stav
Gaon, Ph.D. Candidate, Columbia
Business School
(Spring 2006)
Dissertation Committee Member for Nan
Chen, Ph.D. Candidate, Columbia
Business School
(Spring 2004)
Professional
Service
Conferee,
National Bankruptcy Conference, 2007-present
Referee Work for
Scholarly Journals
American Bankruptcy Law Journal
American Law and Economics Review
International Review of Law and Economics
Journal of Empirical Legal Studies
Journal of Law and Economics
Journal of Legal Studies
Journal of Political Economy
Law and Social Inquiry
AALS Administration
Chair, Law
and Economics Section, 2008
Chair-Elect,
Law and Economics Section, 2007
Secretary,
Law and Economics Section, 2005
Association
Membership
American
Association of Law Schools
American
Bankruptcy Institute
American
Economics Association
American Law
and Economics Association
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