Jay L. Westbrook
- Benno C. Schmidt Chair of Business Law
- Professor
Jay Westbrook is one of the nation’s most distinguished scholars in the field of bankruptcy, leading scholarship in both empirical research and international/comparative studies. He teaches and writes in commercial law and international business litigation. Professor Westbrook also serves as a consultant to the International Monetary Fund and the World Bank. He is a member of the American Law Institute, the National Bankruptcy Conference, and the American College of Bankruptcy. He has twice been named the Outstanding Teacher at Texas Law and received the "Larry King Award" from the Commercial Law League.
Featured Work
Chapter 11 Under Duress
Bailiffs for Gunboats: Ukraine v. Russia
One of the nation's most distinguished scholars in the field of bankruptcy, he has been a pioneer in this area in two respects: empirical research and international/comparative studies. Professor Westbrook also teaches and writes in commercial law and international business litigation. He practiced in all these areas for more than a decade with Surrey & Morse (now part of Jones, Day) in Washington, D.C., where he was a partner, before joining the faculty in 1980. He is co-author of The Law of Debtors and Creditors (Aspen, 7th ed., 2014); As We Forgive Our Debtors: Bankruptcy and Consumer Credit in America (Oxford, 1989); The Fragile Middle Class (Yale, 2000); and A Global View of Business Insolvency Systems (Martinus Nijhoff 2010). He has been Visiting Professor at Harvard Law School and the University of London, and is a member of the American Law Institute, the National Bankruptcy Conference, and the American College of Bankruptcy. He serves as a consultant to the International Monetary Fund and the World Bank. He was the United States Reporter for the ALI's Transnational Insolvency Project and co-head of the United States delegation to the UN (UNCITRAL) conference that created the Model Law on Cross-Border Insolvency. He is an emeritus director of the International Insolvency Institute and a director and former President of the International Academy of Commercial and Consumer Law. He has been the recipient of outstanding contribution awards from the National Conference of Bankruptcy Judges, the International Insolvency Institute, and the American College of Bankruptcy. He has twice been named the Outstanding Teacher at the University of Texas School of Law. Recipient of "Larry King Award" from the Commercial Law League.
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year-2005
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Article
Chapter 15 and Discharge
Jay L. Westbrook, Chapter 15 and Discharge, 13 American Bankruptcy Institute Law Review 503 (2005). -
Book
The Law of Debtors and Creditors: Text, Cases and Problems
Jay L. Westbrook, The Law of Debtors and Creditors: Text, Cases and Problems (New York: Aspen, 6th ed. 2009; 5th ed. 2005; 4th ed. 2001; Boston: Little, Brown, 3rd ed. 1996; 2nd ed. 1991; 1st ed. 1986; Supplement 1990; Teacher's Manual, 6th ed. 2009) (with Elizabeth Warren). -
Book Chapter
The Multinational Provisions of the New Spanish Law
Jay L. Westbrook, The Multinational Provisions of the New Spanish Law, in Estudios sobre la Ley Consursal: Libro Homenaje a Manuel Olivencia (Madrid: Marcial Pons, 2005). -
Article
Universalism and Choice of Law
Jay L. Westbrook, Universalism and Choice of Law, 23 Penn State International Law Review 625 (2005). -
Article
Contracting Out of Bankruptcy: An Empirical Intervention
Jay L. Westbrook, Contracting Out of Bankruptcy: An Empirical Intervention, 118 Harvard Law Review 1197 (2005) (with Elizabeth Warren). -
Article
Chapter 15 at Last
Jay L. Westbrook, Chapter 15 at Last, 79 American Bankruptcy Law Journal 713 (2005).
year-2004
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Article
Selling the Trustee's Powers
Jay L. Westbrook, Selling the Trustee's Powers, American Bankruptcy Institute Journal, September 2004, at 32 (with Elizabeth Warren). -
Article
Remembering Chapter 7
Jay L. Westbrook, Remembering Chapter 7, American Bankruptcy Institute Journal, May 2004, at 22. -
Article
Pinning the Tail on the Lenders
Jay L. Westbrook, Pinning the Tail on the Lenders, American Bankruptcy Institute Journal, April 2004, at 38 (with Elizabeth Warren). -
Article
A Little Peripheral Vision
Jay L. Westbrook, A Little Peripheral Vision, American Bankruptcy Institute Journal, February 2004, at 26 (with Elizabeth Warren). -
Article
The Control of Wealth in Bankruptcy
Jay L. Westbrook, The Control of Wealth in Bankruptcy, 82 Texas Law Review 795 (2004). -
Article
Bankruptcy Control of the Recovery Process
Jay L. Westbrook, Bankruptcy Control of the Recovery Process, 12 American Bankruptcy Institute Law Review 245 (2004).
year-2003
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Article
Settling into Bankruptcy
Jay L. Westbrook, Settling into Bankruptcy, American Bankruptcy Institute Journal, May 2003, at 85 (with Elizabeth Warren). -
Article
Class Actions for Post-petition Wrongs: National Relief Against National Creditors
Jay L. Westbrook, Class Actions for Post-petition Wrongs: National Relief Against National Creditors, ABI Journal, Mar. 2003, at 14 (with Elizabeth Warren). -
Article
Empirical Research in Consumer Bankruptcy [Symposium: The Impact of Civil Justice on the American Economy & Polity]
Jay L. Westbrook, Empirical Research in Consumer Bankruptcy [Symposium: The Impact of Civil Justice on the American Economy & Polity], 80 Texas Law Review 2123 (2002). [Reprinted in 12 Journal of Bankruptcy Law & Practice 3 (2003).] -
Article
International Judicial Negotiation
Jay L. Westbrook, International Judicial Negotiation, 38 Texas International Law Journal 567 (2003). -
Book Chapter
Who Uses Chapter 13?
Jay L. Westbrook, Who Uses Chapter 13?, in Consumer Bankruptcy in Global Perspective 269 (J. Niemi-Kiesiläinen et al. eds.; Oxford: Hart Publishing, 2003) (with Teresa Sullivan & Elizabeth Warren). -
Book
Transnational Insolvency: Cooperation Among the NAFTA Countries: Principles of Cooperation Among the NAFTA Countries
Jay L. Westbrook, Transnational Insolvency: Cooperation Among the NAFTA Countries: Principles of Cooperation Among the NAFTA Countries (Philadelphia: American Law Institute, 2003) (U.S. Reporter). -
Book
Transnational Insolvency: Cooperation Among the NAFTA Countries: International Statement of United States Bankruptcy Law
Jay L. Westbrook, Transnational Insolvency: Cooperation Among the NAFTA Countries: International Statement of United States Bankruptcy Law (Philadelphia: American Law Institute, 2003) (U.S. Reporter).
year-2002
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Article
Setting Global Standards for Cross-Border Insolvency
Jay L. Westbrook, Setting Global Standards for Cross-Border Insolvency, International Financial Law Review, Sept. 2002, at 9.