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7 - Bargaining After the Fall

Published online by Cambridge University Press:  05 May 2022

Douglas G. Baird
Affiliation:
University of Chicago
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Summary

This chapter shows how reorganization law changed dramatically during the 1970s. A group of skilled lawyers and academics returned to first principles and boldly reworked reorganization law once again. In their hands, the unwritten law that governs today took its modern form. These reformers focused squarely on creating an environment that was conducive to bargaining. Judges were to provide oversight, but they were no longer to do the heavy-handed policing upon which New Deal reformers had insisted. At the same time, however, judges had to embrace the basic norms of the credit men and do more than simply ensure that everyone had a seat at the table. Bargaining had to be forthright, and parties could not conceal conflicts of interest or advance private agendas.

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Publisher: Cambridge University Press
Print publication year: 2022

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  • Bargaining After the Fall
  • Douglas G. Baird, University of Chicago
  • Book: The Unwritten Law of Corporate Reorganizations
  • Online publication: 05 May 2022
  • Chapter DOI: https://doi.org/10.1017/9781009058216.008
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To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Bargaining After the Fall
  • Douglas G. Baird, University of Chicago
  • Book: The Unwritten Law of Corporate Reorganizations
  • Online publication: 05 May 2022
  • Chapter DOI: https://doi.org/10.1017/9781009058216.008
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Bargaining After the Fall
  • Douglas G. Baird, University of Chicago
  • Book: The Unwritten Law of Corporate Reorganizations
  • Online publication: 05 May 2022
  • Chapter DOI: https://doi.org/10.1017/9781009058216.008
Available formats
×