bankruptcy and tort; two apparently distinct branches of law, but, in fact, some technical and theoretical issues arise from their interaction. these include, among others, the boundaries between personal rights of the victim to damages, exclusively allocated to the bankrupt, and the financial damages , which belong to the creditors ; the problems resulting from the chronological order of the b...

We examine the characteristics and limitations of the existing system of tort liability for addressing potential environmental damages from GM crops and consider whether environmental bonding could be used to address these risks. We find that in the case of GM crops, a bonding mechanism would complement some of the strengths of tort liability. Specifically, the bonding mechanism provides some p...

With increased frequency, mass tortfeasors are turning to Chapter 11 address their liabilities, dragging enormous numbers of tort victims into bankruptcy court with them. These individuals deserve fair and dignified treatment. Indeed, if we care about people’s experiences within, the public’s trust in, courts, such treatment is essential. Yet contemporary corporate law literature leave little r...