Nationally Recognized Expert in Bankruptcy Law and Grading Theory
Professor Josh Silverstein has produced outstanding scholarship in his two areas of focus — bankruptcy law and grading theory — 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, “Hiding in Plain View: A Neglected Supreme Court Decision Resolves the Debate over Non-Debtor Releases in Chapter 11 Reorganizations,” 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 “Hiding in Plain View,” none presented a thorough outline of the split in the case law. “Hiding in Plain View” 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, “Hiding in Plain View” offered novel bases for resolving the four most important issues pertaining to non-debtor releases. In short, Professor Silverstein’s “Hiding in Plain View” 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 education—Educating Lawyers, better known as the “Carnegie Report,” and Best Practices for Legal Education, published by the Clinical Legal Education Association — contain significant coverage of mandatory curves. Professor Silverstein’s third article, “In Defense of Mandatory Curves,” 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 Silverstein’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.