The Yale Law Journal

Anthony J. Casey


Bankruptcy by Another Name

Anthony J. Casey & Joshua C. Macey

A recent essay in this Journal critiques bankruptcy for limiting the litigation system’s ability to promote noneconomic public-policy goals. This Response argues that bankruptcy can and does further these public values, and that it is reasonably easy to tweak bankruptcy law to accommodate these goal…


The New Corporate Web: Tailored Entity Partitions and Creditors’ Selective Enforcement

Anthony J. Casey

Firms have developed sophisticated legal mechanisms that partition assets across some dimensions but not others. The result is a complex web of interconnected affiliates. For example, an asset placed in one legal entity may serve as collateral guaranteeing the debts of anot…