Lindsey D Simon, ‘Bankruptcy Grifters’, 131 Yale Law Journal 1154 (2022). There are two strands of tort scholarship. One group, whom I will call ‘The Philosophers’, seeks to understand tort as an internal system. A second group, ‘The Institutionalists’, seek to understand tort law as part of the larger legal system that governs harms, in comparison to administrative agencies, criminal prosecutions, and bankruptcy. Lindsey Simon’s article, ‘Bankruptcy Grifters’, is an important contribution to this latter strand of scholarship. Relying on meticulously researched case studies and a deep knowledge of bankruptcy law, the piece clearly explains the difficult and complex use of bankruptcy to resolve mass torts (a feat in itself) and sets an agenda for further research and policy proposals … (more)
[Alexandra Lahav, JOTWELL, 14 July]
First posted 2022-07-14 17:30:38
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