Nationally Recognized Expert in Bankruptcy Law and Grading Theory
Professor Josh Silverstein has produced outstanding scholarship in his two areas of focus â€” bankruptcy law and grading theory â€” and his work in each field has
received national recognition. Professor Silverstein has published many articles on bankruptcy and helped fill a research void. His first article, â€śHiding in Plain View: A Neglected Supreme Court Decision Resolves the Debate over Non-Debtor Releases in Chapter 11 Reorganizations,â€ť published in the Emory Bankruptcy Developments Journal 13-138 (2006), was the first comprehensive analysis of non-debtor releases. The paper made three critical contributions to the literature. First, although more than a dozen articles were published on non-debtor releases prior to â€śHiding in Plain View,â€ť none presented a thorough outline of the split in the case law. â€śHiding in Plain Viewâ€ť filled that void. Second, the piece remains the only article to address all of the legal issues concerning the validity of non-debtor releases. Last, â€śHiding in Plain Viewâ€ť offered novel bases for resolving the four most important issues pertaining to non-debtor releases. In short, Professor Silversteinâ€™s â€śHiding in Plain Viewâ€ť provides a thorough primer on nondebtor releases and comprehensively addresses the legitimacy of this form of relief under the Bankruptcy Code.
In addition, two extremely influential books regarding legal educationâ€”Educating Lawyers, better known as the â€śCarnegie Report,â€ť and Best Practices for Legal Education, published by the Clinical Legal Education Association â€” contain significant coverage of mandatory curves. Professor Silversteinâ€™s third article, â€śIn Defense of Mandatory Curves,â€ť is the first comprehensive assessment of mandatory curves. The article sets forth an extensive list of these grade disparities, and it is the first piece to present such a list. The article also contains statistical analysis, a first in literature on law school grading, of the grade variations.
Professor Silversteinâ€™s degrees include a J.D., magna cum laude, from the New York University School of Law and a B.A., summa cum laude, from Hamilton College.