Jay L. Westbrook
- Benno C. Schmidt Chair of Business Law
- Professor
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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-1993
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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).
year-1992
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Book Chapter
Cross-Border Bankruptcy: United States Report
Jay L. Westbrook, Cross-Border Bankruptcy: United States Report, in The International Symposium on Civil Justice in the Era of Globalization, Tokyo, August 1992: Collected Reports 281 (1993). -
Article
Think Again Before Scuttling Chapter 11
Jay L. Westbrook, Think Again Before Scuttling Chapter 11, New York Times, Apr. 12, 1992, § 3 (Forum), at 6. -
Article
What We Really Said About Chapter Thirteen
Jay L. Westbrook, What We Really Said About Chapter Thirteen, National Association of Chapter Thirteen Trustees Quarterly, Apr. 1992, at 18 (with Teresa Sullivan & Elizabeth Warren). -
Article
A Comparative Empirical Research Agenda in Consumer Bankruptcy
Jay L. Westbrook, A Comparative Empirical Research Agenda in Consumer Bankruptcy, 21 Canadian Business Law Journal 30 (1992).
year-1991
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Book Chapter
Global Insolvencies in a World of Nation States
Jay L. Westbrook, Global Insolvencies in a World of Nation States, chapter in Current Issues in Insolvency Law (London, 1991). -
Article
Theory and Pragmatism in Global Insolvencies: Choice of Law and Choice of Forum
Jay L. Westbrook, Theory and Pragmatism in Global Insolvencies: Choice of Law and Choice of Forum, 65 American Bankruptcy Journal 457 (1991). -
Article
Choice of Avoidance Law in Global Insolvencies
Jay L. Westbrook, Choice of Avoidance Law in Global Insolvencies, 17 Brooklyn Journal of International Law 499 (1991). -
Article
Two Thoughts About Insider Preferences
Jay L. Westbrook, Two Thoughts About Insider Preferences, 76 Minnesota Law Review 73 (1991).
year-1990
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Article
Extraterritoriality, Conflicts of Laws, and Transnational Regulation of Business
Jay L. Westbrook, Extraterritoriality, Conflicts of Laws, and Transnational Regulation of Business, 25 Texas International Law Journal 71 (1990). [Essay reviewing International Business and National Jurisdictions, by A. D. Neale & Mel L. Stephens.] -
Article
A Comparison of Bankruptcy Reorganization in the US With the Administrative Procedure in the UK
Jay L. Westbrook, A Comparison of Bankruptcy Reorganization in the US With the Administrative Procedure in the UK, 1990 Insolvency Law & Practice 86. -
Book Chapter
An Overview of Valuation in Bankruptcy
Jay L. Westbrook, An Overview of Valuation in Bankruptcy, in Annual Conference on Valuation of Assets (Austin: University of Texas School of Law, Continuing Legal Education Program, 1990, 1989, and 1988).
year-1989
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Book Chapter
Bankruptcy
Jay L. Westbrook, Bankruptcy, in Mortgage Lending Institute (Austin: University of Texas School of Law, 1989; 1987; 1986; 1985). -
Book
As We Forgive Our Debtors
Jay L. Westbrook, As We Forgive Our Debtors (New York: Oxford University Press, 1989) (with Teresa Sullivan & Elizabeth Warren). -
Article
A Functional Analysis of Executory Contracts
Jay L. Westbrook, A Functional Analysis of Executory Contracts, 74 Minnesota Law Review 227 (1989). -
Article
In Memoriam: Michael P. Rosenthal
Jay L. Westbrook, In Memoriam: Michael P. Rosenthal, 68 Texas Law Review i (1989).
year-1988
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Book Chapter
Are Consumer Bankrupts Economic Maximizers?
Jay L. Westbrook, Are Consumer Bankrupts Economic Maximizers?, (Association of American Law Schools Annual Meeting, June 1988). -
Article
U.S. Fights Bankruptcy "Grab" Alone
Jay L. Westbrook, U.S. Fights Bankruptcy "Grab" Alone, Wall Street Journal, Jan. 29, 1988, at 10. -
Article
The World of Bankruptcy
Jay L. Westbrook, The World of Bankruptcy, 11 Discovery 4 (1988).