Equitable Balancing in the Age of Statutes

Governmental Concessions in Corporate Bankruptcy Proceedings: A New Approach

“…Sometimes, the bankruptcy court must do so without any genuine rule or principle to guide its discretion. One could compare this process to striking a “balance of conveniences” that concerns two incommensurables . The two competing interests are the public's interest in zealously regulating the relevant industry and the interests of the debtor and its stakeholders.…”

Securing Property Rights

“…Such attribution becomes very challenging, especially with multiple polluters. 16 Following the logic of the Pennsylvania Supreme Court, judges reduced damage awards, or even denied any liability for damages, because they did not want to burden American industry (Goldstein 2010;Lewin 1989). 16 Many jurisdictions even barred recovery when liability could not be divided among multiple polluters (e.g., Walters v. Prairie Oil & Gas Co., 204 P. 906, Okla. 1922).…”