Vincent SJ Buccola, Jameson K Mah, and Tai Zhang, The Myth of Creditor Sabotage, University of Chicago Law Review (forthcoming), available at SSRN. I love really good contrarian papers. They teach me things, and they don’t come along very often. Let’s face it, we academics tend to run in herds and our work tends to conform to our herd’s paradigm. Now, there may be more than one herd roaming in a given field – in corporate law we have at least three and maybe more – so that even the most argumentative, tendentious piece is less contrarian than it is directed at an opposing herd’s paradigm. The contrarian paper I have in mind works differently. It takes aim at a basic assumption shared amongst all members of all herds and tells us that that’s not what’s going on at all … (more)
[Bill Bratton, JOTWELL, 8 September]
First posted 2020-09-09 04:18:55
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