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-2002
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Article
Multinational Enterprises in General Default: Chapter 15, the ALI Principles, and the EU Insolvency Regulation
Jay L. Westbrook, Multinational Enterprises in General Default: Chapter 15, the ALI Principles, and the EU Insolvency Regulation, 76 American Bankruptcy Law Journal 1 (2002).
year-2001
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Article
International Bankruptcy Approaches Chapter 15
Jay L. Westbrook, International Bankruptcy Approaches Chapter 15, New York Law Journal, Aug. 23, 2001, at 1. -
Article
Another Day Older and Deeper in Debt
Jay L. Westbrook, Another Day Older and Deeper in Debt, TomPaine.common sense, Feb. 27, 2001. -
Book Chapter
Systemic Corporate Distress: A Legal Perspective
Jay L. Westbrook, Systemic Corporate Distress: A Legal Perspective, in Resolution of Financial Distress: An International Perspective on the Design of Bankruptcy Laws 47 (S. Claessens, S. Djankov, & A. Mody eds.; Washington, D.C.: World Bank Institute, 2001). -
Article
Une prospérité précaire: Sur les situations financières critiques dans la classe moyenne
Jay L. Westbrook, Une prospérité précaire: Sur les situations financières critiques dans la classe moyenne, 138 Actes de la recherche en sciences sociales 19 (2001) (with Teresa A. Sullivan & Elizabeth Warren). -
Article
The Transnational Insolvency Project of the American Law Institute
Jay L. Westbrook, The Transnational Insolvency Project of the American Law Institute, 17 Connecticut Journal of International Law 99 (2001). -
Article
Japan's New Cross-Border Insolvency Law
Jay L. Westbrook, Japan's New Cross-Border Insolvency Law, 1112 Kinyu Shoji 86 (2001). [In Japanese.] -
Book Chapter
Managing Defaulting Multinationals within NAFTA
Jay L. Westbrook, Managing Defaulting Multinationals within NAFTA, Ch. 30 in Foundations and Perspectives of International Trade Law (I. Fletcher, L. Mistelis & M. Cremona eds.; London: Sweet & Maxwell, 2001).
year-2000
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Article
Explaining Why the Middle Class Is Prone to Bankruptcy
Jay L. Westbrook, Explaining Why the Middle Class Is Prone to Bankruptcy, Chronicle of Higher Education, Sept. 22, 2000, at A20 (interview by D.W. Miller). -
Book
The Fragile Middle Class: Americans in Debt
Jay L. Westbrook, The Fragile Middle Class: Americans in Debt (New Haven: Yale University Press, 2000) (with Teresa A. Sullivan & Elizabeth Warren). -
Article
A Global Solution to Multinational Default
Jay L. Westbrook, A Global Solution to Multinational Default, 98 Michigan Law Review 2276 (2000).
year-1999
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Article
The Globalization of Insolvency Reform
Jay L. Westbrook, The Globalization of Insolvency Reform, 1999 New Zealand Law Review 401. -
Article
Comparative Empiricism
Jay L. Westbrook, Comparative Empiricism, 37 Osgoode Hall Law Journal 143 (1999). -
Article
Modeling International Bankruptcy
Jay L. Westbrook, Modeling International Bankruptcy, 1998-1999 Annual Survey of Bankruptcy Law 465. -
Article
Financial Characteristics of Businesses in Bankruptcy
Jay L. Westbrook, Financial Characteristics of Businesses in Bankruptcy, 73 American Bankruptcy Law Journal 499 (1999) (with Elizabeth Warren). <http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?cfid=193929&cftoken=73065547&per_id=194993>
year-1998
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Article
From Golden Years to Bankrupt Years
Jay L. Westbrook, From Golden Years to Bankrupt Years, Norton Bankruptcy Law Adviser, July 1998, at 1 (with Teresa A. Sullivan & Elizabeth Warren). -
Article
Pierre Loiseaux: A Master Teacher
Jay L. Westbrook, Pierre Loiseaux: A Master Teacher, 32 U.C. Davis Law Review 15 (1998). -
Article
Local Legal Culture and the Fear of Abuse
Jay L. Westbrook, Local Legal Culture and the Fear of Abuse, 6 American Bankruptcy Institute Law Review 25 (1998). -
Article
Universal Priorities
Jay L. Westbrook, Universal Priorities [Symposium: Symposium on International Bankruptcy Law: Comparative and Transnational Approaches], 33 Texas International Law Journal 27 (1998).
year-1997
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Article
The American Law Institute NAFTA Insolvency Project
Jay L. Westbrook, The American Law Institute NAFTA Insolvency Project, 23 Brooklyn Journal Of International Law 7 (1997) (with Jacob S. Ziegel).