David G. Epstein
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Profile
Professor David Epstein holds the Law School’s prestigious George E. Allen Chair and teaches in the areas of bankruptcy, commercial law, contract law, and corporations. He has also served as Dean at Emory University School of Law and the University of Arkansas Law School, held tenured law faculty positions at Southern Methodist University, University of North Carolina, University of Texas, and University of Alabama, taught as a visiting professor of law at Harvard, Georgetown, University of Michigan, New York University, and University of Chicago, and worked as a partner at King & Spalding. Professor Epstein has authored or co-authored numerous books, book chapters, and articles on bankruptcy, commercial law, and contract law. He is an elected member of the American College of Bankruptcy and the National Bankruptcy Conference.
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Presentations
Presenter, "Trading Claims," Business Bankruptcy, Practicing Law Institute (December 2020)
Presenter, "Todos - the Story of Hugh, Kalil, Maria, and Ruth," 7th Applied Legal Story Telling Conference, Legal Writing Institute (July 2019)
Presenter, "The Illusion of Illusoriness," National Business Law Scholars Annual Conference, (June 2019)
Presenter, "Bankruptcy Courts 2018," 45th Annual Southeastern Bankruptcy Law Institute, (March 2019)
Presenter, "Claims in Bankruptcy," Bankruptcy 2018 , Practicing Law Institute, New York (December 2018)
Presenter, "Teaching Transactional Subjects -Harvard Business School and Law School," SALT Annual Teaching Conference, Society of American Law Teachers, Penn State Law School (October 2018)
Presenter, "Teaching Conditions," 12th Annual International Conference on Contracts, (February 2017)
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Bar Admissions
Texas
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Professional Experience
George E. Allen Professor of Law (2010 - present)
University of Richmond School of Law, Richmond, VAProfessor of Law (2003 - 2010)
Southern Methodist University School of LawCharles E. Tweedy Professor of Law (1998 - 2003)
University of Alabama School of Law, Tuscaloosa, ALPartner (1989 - 1998)
King & Spalding, Atlanta, GADean and Professor of Law (1985 - 1989)
Emory University School of LawProfessor of Law (1982 - 1985)
University of Texas School of LawDean (1979 - 1982)
University of Arkansas School of LawProfessor of Law (1974 - 1979)
University of Texas School of LawAssistant Professor & Associate Professor of Law (1970 - 1974)
University of North Carolina School of Law, Chapel Hill, NC
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Presentations
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Publications
Books
Bankruptcy (West Academic) (with Markell et al.) (February 2021).
A Short and Happy Guide to Contracts (West Academic 2d) (with Bruce Markell et al.) (2019).
Business Structures (West Academic 5th) (with Richard Freer et al.) (2019).
Selling and Financing Sales of Goods Under UCC Articles 2 and 9 (West Academic 1st) (with Steve Nickles et al.) (2019).
Uniform Commercial Code Article 9: Secured Transactions 1st Ed. (West Academic) (with Steve Nickles et al.) (2019).
Cases and Materials on Contracts: Making and Doing Deals (West Academic 5th) (with Bruce Markell et al.) (2018).
Learning Core Commercial Concepts: Course Materials 1st Ed. (West Academic) (with Paula Franzese et al.) (2018).
Bankruptcy and Related Law in a Nutshell (West 9th) (2017).
Principles of Bankruptcy Law (West 2d) (with Steve Nickles) (2017).
Bankruptcy: Dealing with Financial Failure for Individuals and Businesses (with Bruce Markell et al.) (2015).
Business Structures (West 4th) (with Rich Freer et al.) (2015).
Cases and Materials on Contracts: Making and Doing Deals (with Bruce Markell et al.) (2014).
Bankruptcy and Related Law in a Nutshell (West 8th) (2013).
A Short and Happy Guide to Contracts (West) (with Bruce Markell et al.) (2012).
Cases and Materials on Contracts: Making and Doing Deals (with Bruce Markell et al.) (2011).
Students' Guide to Article 9 and Related Statutes (West 3d) (Larry Bates) (2011).
Bankruptcy Code and Related Materials (with Steve Nickles) (2010).
Business Structures (West 3d) (with Rich Freer et al.) (2010).
Debtor-Creditor: Creditor Remedies and Debtor Rights Under State and Non-Bankruptcy Federal Law (West) (with Steve Nickles) (2009).
Business Structures (Thompson West 2d) (with Richard Freer et al.) (2007).
Principles of Bankruptcy Law (West) (with Steve Nickles) (2007).
Bankruptcy (West) (with Steve Nickles et al.) (1993).
Basic Uniform Commercial Code: Teaching Materials (West 3d) (with James Martin et al.) (1988).
Basic Uniform Commercial Code: Teaching Materials (West 2d) (with James Martin) (1983).
Basic Uniform Commercial Code: Teaching Materials (West 2d) (with James Martin) (1983).
Debtors and Creditors: Cases and Materials (West 2d) (with Jonathan Landers) (1982).
Consumer Law in a Nutshell (West 2d) (with Steve Nickles) (1981).
Teaching Materials on Business Reorganization under the Bankruptcy Code (West) (with Myron Sheinfeld) (1980).
Basic Uniform Commercial Code Teaching Materials (West) (with James Martin) (1977).
Journal ArticlesBetter Than A Discharge, 71 Syracuse Law Review 443 (with Tevin Bowens) (2021).
"Don't Have a Cow" . . . Or the Restatement (Second), 63 Saint Louis University Law Journal 465 (with Roxanne Eastes) (2019).
The Fourth Circuit, "Suem" and Reverse Veil Piercing in Delaware, 70 South Carolina Law Review 1189 (with Jake Weiss) (2019).
Al Witte: What Happened in His Classroom Endures, 69 Arkansas Law Review 23 (2016).
An App for Third Party Beneficiaries, 91 Washington Law Review 1663 (with Alexandra Cook et al.) (2016).
Extrinsic Evidence, Parol Evidence, the Parol Evidence Rule: A Call for Courts to Use the Reasoning of the Restatements Rather than the Rhetoric of Common Law, 44 New Mexico Law Review 49 (with Timothy Archer et al.) (2014).
Ken Klee, Rich Levin, Liz Warren, Chico Escuela, and Me, 31 Emory Bankruptcy Developments Journal 5 (2014).
Not Just Anna Nicole Smith: Cleavage in Bankruptcy, 31 Emory Bankruptcy Developments Journal 15 (with Casey Ariail et al.) (2014).
Fifty: Shades of Grey--Uncertainty About Extrinsic Evidence and Parol Evidence After All These UCC Years, 45 Arizona State Law Journal 925 (with Adam Tate et al.) (2013).
Response to Reasonable Expectations in Sociocultural Context, 1 Wake Forest Law Review Online 54 (2011).
Reliance on Oral Promises: Statute of Frauds and "Promissory Estoppel", 42 Texas Tech Law Review 913 (with Ryan Starbird et al.) (2010).
Contract Law's Two "P.E.'s": Promissory Estoppel and the Parole Evidence Rule, 62 Baylor Law Review 397 (with Melinda Arbuckle et al.) (2010).
BAPCPA and Commercial Credit: Who (SIC) Do You Trust, 10 North Carolina Banking Institute 57 (2006).
Bearded Ladies Walking on the Brooklyn Bridge, 59 Arkansas Law Review 267 (with Yvette Liebesman) (2006).
New Chapter 13 of the Bankruptcy Code, New Lundin on BAPCPA Chapter 13 Bankruptcy: An Essay Disguised as a Book Review about a New Treatise Disguised as a Supplement, 1 Charleston Law Review 37 (2006).
A Few Lines, 55 American University Law Review 1291 (2005).
Real-World and Academic Questions about Nonmonetary Obligations under the 2005 Version of 365(b), 13 American Bankruptcy Institute Law Review 617 (with Lisa Normand) (2005).
Recoupment: Apples, Oranges and Fruit Basket Turnover, 58 SMU Law Review 51 (with Jonathan Nockels) (2005).
The Practical Scholar, 76 New York University Law Review 1304 (2001).
Another Way of Thinking about Section 105(a) and Other Sources of Supplemental Law under the Bankruptcy Code, 3 Chapman Law Review 7 (with Steve Nickles) (2000).
The Thin Red Line: An Analysis of the Role of Legal Assistants in the Chapter 13 Bankruptcy Process, 23 Journal of the Legal Profession 15 (with Gary Sullivan et al.) (1999).
Don't Go and Do Something Rash about Cram Down Interest Rates, 49 Alabama Law Review 435 (1998).
The National Bankruptcy Review Commission's Section 365 Recommendations and the Larger Conceptual Issues, 102 Dickinson Law Review 679 (with Steve Nickles) (1998).
Resolving Still Unresolved Issues of Bankruptcy Law: A Fence or an Ambulance, 69 American Bankruptcy Law Journal 525 (with Paul Baiser) (1995).
Postpetition Lending under Section 364: Current Issues - Incentives to Lenders to Provide Financing to Borrowers Who Are the Subject of Bankruptcy Cases, 41 Federal Bar News & Journal 190 (with Paul Baiser) (1994).
Postpetition Lending under Section 364: Issues Regarding the Gap Period and Financing for Prepackaged Plans, 27 Wake Forest Law Review 103 (1992).
Foreword, 10 Mississippi College Law Review 1 (1989).
Consequences of Converting a Bankruptcy Case, 60 American Bankruptcy Law Journal 339 (1986).
Chapters 11 and 13 of the Bankruptcy Code--Observations on Using Case Authority from One of the Chapters in Proceedings under the Other, 38 Vanderbilt Law Review 901 (with Christopher Fuller) (1985).
James Martin: Friend and Co-Author, 84 Michigan Law Review 344 (1985).
Discharges under the New Bankruptcy Code, 6 ALI-ABA Course Materials Journal 67 (1981).
Chapter 13: Its Operation, Its Statutory Requirements as to Payment to and Classification of Unsecured Claims, and Its Advantages, 20 Washburn Law Journal 1 (1980).
Introduction, 11 St. Mary's Law Journal 247 (1979).
Collection of Uniform Commercial Code Claims and Bankruptcy, 11 Uniform Commercial Code Law Journal 295 (1978).
The Rights of Performers in the New Copyright Act and beyond, 30 Federal Communications Law Journal 149 (1977).
Bankruptcy Lien Invalidation: Role of Recordation, 2 Southern University Law Review 70 (1975).
State Securities Regulation of Real Estate Investment Trusts, 23 University of Florida Law Review 514 (1971).
Scienter Requirement in Actions Under Rule 10b-5, 48 North Carolina Law Review 482 (1970).
Proceeding under the Uniform Commercial Code, 3 Uniform Commercial Code Law Journal 318 (1969).
Security Transfers by Secured Parties, 4 Georgia Law Review 527 (1969).
Products Liability: Defenses Based on Plaintiff's Conduct, 1968 Utah Law Review 267 (1968).
Strict Liability in Tort: A Modest Proposal, 70 West Virginia Law Review 1 (1967).
Impasse in Collective Bargaining, 44 Texas Law Review 769 (1966).
Book ReviewsReview - A Surprising Book: Hall's American Law & Procedure, 12 Green Bag 103 (2008).
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In the News
Student loan debt may cripple the U.S. real estate market (Richmond Times-Dispatch)
Wed., Aug. 21, 2013Nortel UK pension row may end up in US Supreme Court (Total Telecom)
Wed., May. 9, 2012Bankruptcy Cools Off for Businesses and Lawyers (The National Law Journal)
Tue., May. 1, 2012Fewer People Benefiting From Bankruptcy Filing (NTD Television)
Tue., Mar. 6, 2012Honors for Jan. 23 (Richmond Times-Dispatch)
Mon., Jan. 23, 2012