Accelerated Resolution of Financial Distress

Barry E. Adler
In principle, debt can bond a firm’s management to diligence and wise investment of corporate assets. In practice, however, management can escape the ties of this bond through new capital infusion prior to financial collapse. When management pursues this tactic, insolvent corporations may enter bankruptcy too late, after an unnecessary economic decline. To address this problem, a beneficial modification of bankruptcy’s voidable preference rules would permit a trustee to invalidate…

Rehabilitative Punishment and the Drug Treatment Court Movement

Richard C. Boldt
Part I of this Article briefly summarizes the history of rehabilitative penal practice in the United States during the twentieth century. The discussion pays special attention to the sustained critique of the rehabilitative ideal offered by left-liberal commentators twenty-five to thirty years ago. The discussion analyzes particular shortcomings that plagued corrections practices at this earlier juncture and explores the relevance of that history to today’s drug treatment courts. Part II…

Causation in Government Regulation and Toxic Torts

Richard J. Pierce Jr.
Part I describes and critiques the proposals to create no-cause legal regimes applicable to all toxic tort cases. Part I concludes that these proposals would impose intolerable costs on both the judiciary and society at large. Part II describes and critiques the Third Circuit’s constitutional test for causation in the context of citizen suits brought to enforce the CWA. Part II concludes that the Third Circuit’s approach impermissibly reallocates decision-making…

The Psychotherapist-Patient Privilege After Jaffee v. Redmond: Where Do We Go from Here?

Anne Bowen Poulin
In Jaffee v. Redmond, the United States Supreme Court recognized a psychotherapist-patient privilege in federal common law. The Court, however, failed to define the parameters of the privilege and left the refinement of the common-law definition for the lower federal courts to make on a case-by-case basis. This Article addresses the issues courts will encounter as they develop the psychotherapist-patient privilege. After reviewing existing approaches, this Article suggests the course…