Daniel Hemel

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Should Tax Rates Decline with Age?

120 Yale L.J. 1885 (2011). 

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The Economic Logic of the Lease/Loan Distinction in Bankruptcy

120 Yale L.J. 1492 (2011).  The Bankruptcy Code accords much more favorable treatment to lessors than to secured lenders, but legal scholars have yet to identify a normative justification for the disparate treatment of the two transaction types. Law-and-economics scholars have written off the lease/loan distinction as “vacuous”; meanwhile, courts and commentators alike have called on Congress to abolish the...