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-1997
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Article
The Commission's Recommendations Concerning the Treatment of Bankruptcy Contracts
Jay L. Westbrook, The Commission's Recommendations Concerning the Treatment of Bankruptcy Contracts, 5 American Bankruptcy Institute Law Review 463 (1997). -
Book Chapter
Universal Participation in Transnational Insolvencies
Jay L. Westbrook, Universal Participation in Transnational Insolvencies, in Making Commercial Law: Essays in Honor of Roy Goode 419 (New York: Clarendon Press, 1997). -
Article
United Nations Commission on International Trade Law: Model Law on Cross-Border Insolvency: Introductory Note
Jay L. Westbrook, United Nations Commission on International Trade Law: Model Law on Cross-Border Insolvency: Introductory Note, 36 International Legal Materials 1386 (1997) (with Harold Burman). -
Article
Consumer Bankruptcy in the United States: A Study of Alleged Abuse and of Local Legal Culture
Jay L. Westbrook, Consumer Bankruptcy in the United States: A Study of Alleged Abuse and of Local Legal Culture, 20 Journal of Consumer Policy 223 (1997) (with Teresa A. Sullivan & Elizabeth Warren).
year-1996
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Article
The Lessons of Maxwell Communications
Jay L. Westbrook, The Lessons of Maxwell Communications, 64 Fordham Law Review 2531 (1996). -
Article
International Developments in Commercial Law and in Civil Procedure and Arbitration
Jay L. Westbrook, International Developments in Commercial Law and in Civil Procedure and Arbitration, 46 Journal of Legal Education 579 (1996). -
Article
International Developments in Commercial Law and in Civil Procedure and Arbitration
Jay L. Westbrook, International Developments in Commercial Law and in Civil Procedure and Arbitration, 46 Journal of Legal Education 579 (1996). -
Article
Creating International Insolvency Law
Jay L. Westbrook, Creating International Insolvency Law, 70 American Bankruptcy Law Journal 563 (1996).
year-1995
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Article
Developments in Transnational Bankruptcy
Jay L. Westbrook, Developments in Transnational Bankruptcy, 39 Saint Louis University Law Journal 745 (1995).
year-1994
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Article
A More Optimistic View of Cross-Border Insolvency
Jay L. Westbrook, A More Optimistic View of Cross-Border Insolvency, 72 Washington University Law Quarterly 947 (1994). -
Article
Consumer Debtors Ten Years Later: A Financial Comparison of Consumer Bankrupts 1981-1991
Jay L. Westbrook, Consumer Debtors Ten Years Later: A Financial Comparison of Consumer Bankrupts 1981-1991, 68 American Bankruptcy Law Journal 121 (1994) (with Teresa Sullivan & Elizabeth Warren). -
Book Chapter
A Comparison of Bankruptcy Reorganisation in the US With the Administration Procedure in the UK
Jay L. Westbrook, A Comparison of Bankruptcy Reorganisation in the US With the Administration Procedure in the UK, Chapter 2 in Current Issues in Cross-Border Insolvency and Reorganisations (E. Bruce Leonard & Christopher Besant eds.; Boston: Graham & Trotman, 1994). -
Article
The Persistence of Local Legal Culture: Twenty Years of Evidence from the Federal Bankruptcy Courts
Jay L. Westbrook, The Persistence of Local Legal Culture: Twenty Years of Evidence from the Federal Bankruptcy Courts, 17 Harvard Journal of Law & Public Policy 801 (1994) (with Teresa Sullivan & Elizabeth Warren). -
Article
Searching for Reorganization Realities
Jay L. Westbrook, Searching for Reorganization Realities, 72 Washington University Law Quarterly 1257 (1994) (with Elizabeth Warren). -
Book Chapter
Conflict of Laws Issues in International Insolvencies
Jay L. Westbrook, Conflict of Laws Issues in International Insolvencies, in Current Developments in International and Comparative Corporate Insolvency Law 655 (Jacob S. Ziegel ed.; Oxford: Clarendon Press, 1994) (with Donald T. Trautman).
year-1993
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Article
Clear Thinking About Insider Preferences: A Reply
Jay L. Westbrook, Clear Thinking About Insider Preferences: A Reply, 77 Minnesota Law Review 1393 (1993). -
Book Chapter
Chapter 11 Reorganization
Jay L. Westbrook, Chapter 11 Reorganization, in Proceedings of the Symposium on Insolvency (Istanbul: Marmura University, 1993). -
Article
Four Models for International Bankruptcy
Jay L. Westbrook, Four Models for International Bankruptcy, 41 American Journal of Comparative Law 573 (1993) (with Donald T. Trautman and Emmanuel Gaillard). -
Article
Fees and Inherent Conflicts of Interest
Jay L. Westbrook, Fees and Inherent Conflicts of Interest, 1 American Bankruptcy Institute Law Review 287 (1993). -
Article
Comparative Insolvency Law
Jay L. Westbrook, Comparative Insolvency Law, 28 Texas International Law Journal 675 (1993) (reviewing A Practitioner's Guide to European Corporate Insolvency Law, by Harry Rajak).