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A Comment on Universal Proceduralism

14 Pages Posted: 20 Apr 2010 Last revised: 23 Jul 2010

Jay Lawrence Westbrook

University of Texas at Austin School of Law

Date Written: March 2010


Professor Janger’s thoughtful proposal of “universal proceduralism” raises a number of important issues. In particular, his proposal invites a focus on the place of local insolvency rules in a multinational business insolvency case. I will not attempt in the brief space of this response to address all the issues implicated by universal proceduralism, but will address the important question of local interests and local priorities, as well as related problems like forum stashing. I rely for the most part on Professor Janger’s lucid explanation of the concepts and terms commonly used in discussing multinational insolvency.

Suggested Citation

Westbrook, Jay Lawrence, A Comment on Universal Proceduralism (March 2010). Columbia Journal of Transnational Law, Forthcoming; U of Texas Law, Law and Econ Research Paper No. 183. Available at SSRN:

Jay L. Westbrook (Contact Author)

University of Texas at Austin School of Law ( email )

727 East Dean Keeton Street
Austin, TX 78705
United States
(512) 232-1303 (Phone)


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