Articles:

• The Commercial Real Estate Bubble and Private Mortgage Securitization (with Susan Wachter)

• The Rise, Fall, and Return of the Public Option in Housing Finance (with Susan Wachter)

• Bankrupt Politics and the Politics of Bankruptcy, 97 Cornell L. Rev. ___ (forthcoming 2012)

• Explaining the Housing Bubble, 100 Geo. L.J. __ (forthcoming 2012) (with Susan Wachter)

• Discussed in the Economist

• Skin-in-the-Game:  Risk Retention Lessons from Credit Card Securitization, 80 Geo. Washington L. Rev. __ (forthcoming 2012) (symposium contribution)

• Will Private Risk-Capital Return? The Dodd-Frank Act and the Housing Market, 29 Yale J. on Reg. ___ (forthcoming 2011) (with Andrey D. Pavlov & Susan M. Wachter)

• Rate Jacking:  Risk-Based and Opportunistic Pricing in Credit Cards, 2011 Utah L. Rev. __ (forthcoming 2011) (invited contribution to theme issue on the Credit CARD Act)

•  Private Disordering:  Payment Card Fraud Liability Rules, 5 Brooklyn J. Corp., Fin. & Comm. L. 1 (2011) (symposium contribution)

• In Defense of Bailouts, 99 Geo. L.J. 435 (2011)

• JOTWELL Pick
• Winner of 2011 C-LEAF Junior Faculty Scholarship Prize

•  Mortgage Servicing, 28 Yale J. on Reg. 1 (2011) (with Tara Twomey)

• Rewriting Frankenstein Contracts:  Workout Prohibitions in Residential Mortgage-Backed Securities, 82 S.Cal. L. Rev. 1075 (2009) (with Anna Gelpern)

• Accepted for the Stanford/Yale Junior Faculty Forum

•  Bankruptcy Markets:  Making Sense of Claims Trading, 4 Brooklyn J. Corp., Fin. & Comm. L. 64 (2009) (symposium contribution)

• Hydraulic Regulation: Regulating Credit Markets Upstream, 26 Yale J. on Reg. 143 (2009)

• Winner of the Walton H. Hamilton Prize for Outstanding Scholarship 

•  Resolving the Foreclosure Crisis:  Modification of Mortgages in Bankruptcy, 2009 Wisc. L. Rev. 565 (2009)

•  Priceless?  The Competitive Costs of Credit Card Merchant Restraints, 55 UCLA L. Rev. 1321 (2008) 

• Winner, Best Professional Article, 2008 American College of Consumer Financial Services Lawyers' Annual Writing Competition

•  Priceless?  The Social Costs of Credit Card Merchant Restraints, 45 Harv. J. on Legis. 1 (2008) (wonderful graphic, courtesy of The Consumerist.com)

• Featured in the Christian Science Monitor, Sept. 8, 2008. 
• Featured in Minneapolis Star-Tribune, June 7, 2008.
• Featured in Australia's Sydney Morning Herald, Jan. 19, 2008.

•  Payment Wars:  The Merchant-Bank Struggle for Control of Consumer Payment Systems, 12 Stan. J. L., Bus. & Fin. 425 (2007)

•  Finding Nemo:  Rediscovering the Virtues of Negotiability in the Wake of Enron, 2007 Colum. Bus. L. Rev. 83 (2007)

• Workshopped at the Conglomerate's Second Annual Junior Scholars Workshop, July 10, 2006. 
  • Conglomerate workshop review by Robert Lawless
  • Conglomerate workshop review by Todd Zywicki     
• Featured on Bankruptcy Litigation Blog: Nemo Filleted, Sept. 3, 2007.

•  Toward a Federal Common Law of Bankruptcy: Judicial Lawmaking in a Statutory Regime, 80 Am. Bankr. L.J. 1 (2006) (double-blind peer-reviewed journal, published by National Conference of Bankruptcy Judges)

• Winner, 2007 American Bankruptcy Law Journal Editors' Prize

•  The Limits of Enron:  Counterparty Risk in Bankruptcy Claims Trading, 15 J. Bankr. L. & Prac. 389 (2006) (peer-reviewed journal)

•  The Antitrust Super Bowl:  America’s Payment Systems, No-Surcharge Rules, and the Hidden Costs of Credit, 3 Berkeley Bus. L.J. 265 (2005)

Shorter Works:

•  What's Next for Housing Finance, 16 Wharton R.E. Rev. (2012) (with Susan Wachter)

•  Cross-Routing:  PIN and Signature Debit Interchangeability Under the Durbin Amendment, 2 Lydian J.16 (Dec. 2010)

• Interchange Regulation :  Implications for Credit Unions (Filene Research Institute research brief,# 224, Nov. 2010)

•  Back to the Future with Chapter 13:  A Response to Professor Scarberry, 37 Pepperdine L. Rev. 1261 (2010) (response to Professor Mark Scarberry's critique of Levitin, Resolving the Foreclosure Crisis, 2009 Wisc. L. Rev. 565 (2009))

• Overdraft Regulation:  A Silver Lining in the Regulatory Clouds? (Filene Research Institute research brief #211, April 2010)

•  Bad and Good Securitization, 13 Wharton R.E. Rev. (2009) (with Susan Wachter & Andrey Pavlov) (extended unpublished version is here under title "Securitization:  Cause or Remedy of the Financial Crisis?)

• The Credit C.A.R.D. Act:  Opportunities and Challenges for Credit Unions (Filene Research Institute, research brief # 202, Nov. 2009)

•  The Crisis Without a Face:  Emerging Narratives of the Financial Crisis, 63 Miami L. Rev. 999 (2009) (invited foreword)

•  The Consumer Financial Protection Agency, 28 Am. Bankr. Inst. J. 10 (Oct. 2009) (see full version here)

•  Remote Deposit Capture: A Legal and Transactional Overview, 126 Banking L.J. 115 (2009)

•  Helping Homeowners:  Modification of Mortgages in Bankruptcy, 3. Harv. L. & Pol'y Rev. (online) (Jan. 19, 2009)

•  Compliance with the Bankruptcy Code Priority Scheme in Settlements, 124 Banking L.J. 722 (2007)

•  The Problematic Case for Incentive Compensation in Bankruptcy, 155 Univ. Pa. L. Rev. PENNumbra 88 (2007) (response to Professor Yair Listokin)

•  Health Care Privacy Issues in Corporate Reorganizations, Materials Presented Before the American Bankruptcy Institute 2007 New York City Bankruptcy Conference, May 7, 2007 (with Arthur R. Cormier & Andrew M. Troop)  

•  The Merchant-Bank Struggle for Control of Payment Systems, 17 J. Fin. Transformation 73 (2006) (peer-reviewed applied finance journal)

 

Book Chapters:

• Deregulation and the Financial Crisis of 2008, in Regulatory Breakdown?  The Crisis of Confidence in U.S. Regulation, Cary Coglianese, ed. (University of Pennsylvania Press 2012) (with Susan M. Wachter)

• Fiscal Federalism and the Limits of Bankruptcy, in When States Go Broke:  Origins, Context, and Solutions for the American States in Fiscal Crisis, Peter Conti-Brown, ed. (Cambridge University Press 2012)

• Information Failure and the United States Mortgage Crisis, in The American Mortgage System:  Rethink, Recover, Rebuild (University of Pennsylvania Press, 2011) (peer-reviewed book chapter with Susan Wachter)

• Modification of Mortgages in Bankruptcy, in Lessons from the Financial Crisis:  Insights and Analysis from Today's Leading Minds, Richard W. Kolb, ed. (Wiley 2009)

 

Working Papers and Studies in Progress:

• “What RMBS Servicing Can Learn from CMBS Servicing,” working paper July 2010 (with Larry Cordell)

• “Rebuilding Housing Finance,” working paper, July 2010 (with Susan Wachter)

• “North Star:  A Comparison of US and Canadian Housing Finance Markets” working paper, July 2010 (with David Min and Susan Wachter)

•  “The Disclosure Paradox:  Regulating Consumer Finance,” working paper, November 2009

• Public-Private Competition in Payments:  The Role of the Federal Reserve, working paper, June 23, 2009

•  A New Model for Legal Scholarship Publication, Mar. 2009 (with Douglas Rand)

•  The Effect of Bankruptcy Strip-Down on Mortgage Markets , Feb. 6, 2008 (with Joshua Goodman). 

• Discussed in the New York Times, Jan. 25, 2008.

•  “Double DIPing:  An Empirical Study of Debtor in Possession Finance,” working paper, December 14, 2007

•  “Rough Justice?  The Nature and Limits of Equitable Subordination,” working paper, September 13, 2006.

 

Policy Papers:

• Critique of Evans and Wright's Study of the Consumer Financial Protection Agency Act, October 22, 2009

•  The Consumer Financial Protection Agency, Pew Financial Reform Project, Briefing Paper, No. 2, 2009

•  The Effect of Bankruptcy Cramdown on Mortgage Interest Rates and Homeownership, December 28, 2007 (draft version). 

•  All But Accurate:  A Critique of the American Bankers Association's Study on Credit Card Regulation, December 6, 2007.

 

Miscellaneous:

The Hamlet of Wall Street, Nov. 3, 2011

An Overview of the Home Foreclosure Process in Federal Housing Finance Agency Office of Inspector General Semiannual Report to Congress, Sept. 30, 2011

 

Newspaper Editorials:

•  A Christmas Present for Consumers, editorial, Detroit Free Press on November 28, 2008; San Diego Union-Tribune on November 30, 2008; St. Louis Post-Dispatch on December 3, 2008; Atlanta Journal Constitution on December 7, 2008; Columbus Dispatch on December 10, 2008; and San Francisco Chronicle on December 17, 2008.

•  Flaws in the FHA Housing Bill, editorial, Wall St. J., July 11, 2008.

• Complex Pricing of Credit Cards Should Be Simplified, editorial, Chicago Tribune, Dec. 27, 2007.  Reprinted in the Baltimore Sun, Dec. 31, 2007. 

 

Blogging:

Credit Slips (Sept.-Oct. 2007, Dec. 2007-present)

The Warren Reports on the Middle Class at TPM Cafe (Dec. 19, 2007)