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jurisprudential puzzles, and theoretical implications that stem from this dual character as both contract and public law. We can begin, for the first
this may affect their behavior prior to bankruptcy. For instance, they may be quicker to insist that the debtor put a chief restructuring officer in
opportunity to sell their claims—in other words, to cash out, rather than opt out. This would allow plaintiffs to divest themselves of the risk of an adverse
step away from active management, they need to hire agents to run the firm. Who will make sure that those managers do not exploit their positions
to the plan assets invested in their vehicles and manage them in accordance with an ERISA fiduciary standard,” and that therefore, “singling out [these
conceptual innovation that comes from Hathaway and Shapiro themselves (though they did not wield it in the service of constructing an affirmative
support to working families with children, a group sometimes called the “deserving poor.”3 Those who fall outside of this group—that is, nonworking