Anthony Casey

Anthony J. Casey

Professor of Law

Tony Casey is an expert on business law, finance, and corporate bankruptcy. His research—which has been published in the Yale Law Journal, the Columbia Law Review, the Supreme Court Review, and the University of Chicago Law Review—examines the intersection of finance and law. He has also written about the role of intellectual property law in the organization and financing of creative projects and about how technological innovation is changing the foundations of our legal system more generally.

Before entering academics, Professor Casey was a partner at Kirkland and Ellis, LLP. Before joining Kirkland & Ellis, he was an associate at Wachtell, Lipton, Rosen & Katz. His legal practice focused on corporate bankruptcy, merger litigation, white-collar investigations, securities litigation, and complex class actions. Casey also served as a law clerk for Chief Judge Joel M. Flaum of the United States Court of Appeals for the Seventh Circuit.

Professor Casey received his JD, with High Honors in 2002 from The University of Chicago Law School. He received the John M. Olin Prize for the outstanding student of law and economics.

Professor Casey teaches courses and seminars in corporate governance, business law, bankruptcy and reorganization, finance, litigation strategy, civil procedure, and law and technology.

Education

The University of Chicago Law School
JD, June 2002
With High Honors
Order of the Coif
John M. Olin Prize for the Outstanding Student in Law and Economics
Member, The University of Chicago Law Review

Georgetown University
AB, magna cum laude, 1999
Majors: Economics (with Honors), Political Theory
Phi Beta Kappa

Experience

The University of Chicago Law School
Professor of Law, 2016 – Present
Mark Claster Mamolen Teaching Scholar, 2015 – 2018
Assistant Professor of Law, 2011 – 2016
Bigelow Fellow and Lecturer in Law, 2009 – 2011

Kirkland & Ellis, LLP Chicago, IL
Partner, 2008 – 2009
Associate, 2006 – 2008

Wachtell, Lipton, Rosen & Katz New York, NY
Associate, 2004 – 2006  

United States Court of Appeals for the Seventh Circuit   
Law Clerk to Chief Judge Joel M. Flaum, 2002 – 2003

Books (Author)

  • Bankruptcy: Cases, Problems, and Materials (5th ed.) (Foundation Press, 2018) (with Barry E. Adler & Edward Morrison).

Journal Articles

  • "A Framework for the New Personalization of Law," 86 University of Chicago Law Review 333 (2019) (with Anthony Niblett).
  • "The Bankruptcy Partition," 166 University of Pennsylvania Law Review 1675 (2018) (with Douglas G. Baird & Randal C. Picker). cu
  • "Corporate Bankruptcy Panel—Chapter 11 Cramdown Interest Rates: Till, Momentive, and the Proper Valuation Method," 33 Emory Bankruptcy Developments Law Journal 425 (2017) (with Ralph Brubaker & Susan Freeman & Bruce Markell). cu
  • "Self-Driving Contracts," 43 Journal of Corporation Law 1 (2017) (with Anthony Niblett). cu
  • "The Death of Rules and Standards," 92 Indiana Law Journal 1401 (2017) (with Anthony Niblett). cu
  • "Bankruptcy on the Side," 112 Northwestern University Law Review 255 (2017) (with Kenneth M. Ayotte & David Skeel). cu
  • "The Problem of Creative Collaboration," 58 William and Mary Law Review 1793 (2017) (with Andres Sawicki). cu
  • "Consumer Bankruptcy Pathologies: Comment," 173 Journal of Institutional and Theoretical Economics 197 (2017). cu
  • "Bankruptcy's Endowment Effect," 33 Emory Bankruptcy Developments Law Journal 141 (2016). cu
  • "A New Proposal for Intercreditor and Other Side Agreements," 35 ABI Journal 18 (2016) (with Kenneth M. Ayotte & David Skeel). cu
  • "Self-Driving Laws," 66 University of Toronto Law Journal 429 (2016) (with Anthony Niblett). cu
  • "A Framework for Bailout Regulation," 91 Notre Dame Law Review 479 (2015) (with Eric Posner). cu
  • "The Article III Problem in Bankruptcy," 82 University of Chicago Law Review 1155 (2015) (with Aziz Huq) (selected for presentation at the 2015 Harvard/Stanford/Yale Junior Faculty Forum). ssrn cu
  • "The New Corporate Web: Tailored Entity Partitions and Creditors’ Selective Enforcement," 124 Yale Law Journal 2680 (2015). cu www
  • "A Simple Theory of Complex Valuation," 113 Michigan Law Review 1175 (2015) (with Julia Simon-Kerr). cu www
  • "The Boundaries of 'Team' Production of Corporate Governance," 38 Seattle University Law Review 365 (2015) (with M. Todd Henderson). cu www
  • "Noise Reduction: The Screening Value of Qui Tam," 91 Washington University Law Review 1169 (2014) (with Anthony Niblett). ssrn cu
  • "The Fannie and Freddie Bailouts Through the Corporate Lens," 10 New York University Journal of Law and Business 443 (2014) (with Adam Badawi).
  • "Auction Design for Claims Trading," 22 American Bankruptcy Institute Law Review 133 (2014). ssrn cu
  • "Copyright in Teams," 80 University of Chicago Law Review 1683 (2013) (with Andres Sawicki). ssrn cu www
  • "No Exit? Withdrawal Rights and the Law of Corporate Reorganizations," 113 Columbia Law Review 1 (2013) (with Douglas G. Baird). ssrn cu
  • "Bankruptcy Step Zero," 2012 Supreme Court Review 203 (2013) (with Douglas G. Baird). ssrn cu
  • "Mind Control: Firms and the Production of Ideas," 35 Seattle University Law Review 1061 (2012). ssrn cu
  • "The Creditors' Bargain and Option-Preservation Priority in Chapter 11," 78 University of Chicago Law Review 759 (2011). ssrn cu
  • "Maintaining the Integrity of Death: An Argument for Restricting a Defendant's Right to Volunteer for Execution at Certain Stages in Capital Proceedings," 30 American Journal of Criminal Law 75 (2002). ssrn cu

Book Sections

  • "Coase and the Corporate Client," in Ronald H. Coase (University of Chicago Law School, 2014). cu

Working Papers

  • "The Bankruptcy Partition," Coase-Sandor Working Paper Series in Law and Economics, No. 844 (2018) (with Douglas G. Baird & Randal C. Picker). ssrn
  • "A Framework for the New Personalization of Law," University of Chicago Public Law & Legal Theory Paper Series, No. 696 (2018) (with Anthony Niblett). ssrn cu
  • "The Death of Rules and Standards," Coase-Sandor Working Paper Series in Law and Economics, No. 738 (2015) (with Anthony Niblett). ssrn cu
  • "The Death of Rules and Standards," University of Chicago Public Law & Legal Theory Paper Series, No. 550 (2015) (with Anthony Niblett). ssrn cu

Other Publications

  • "The Bankruptcy Partition," CLS Blue Sky Blog, April 30, 2018 (with Douglas G. Baird & Randal C. Picker). www
  • "Toys 'R' Us and Bankruptcy: Death by Disruption, Not Debt," CLS Blue Sky Blog, April 23, 2018 (with Brook Gotberg). www
  • "Beyond Stakeholder Options in Bankruptcy," CLS Blue Sky Blog, December 20, 2016 (with Edward Morrison). www
  • "The New Corporate Web: Tailored Entity Partitions and Creditors' Selective Enforcement," CLS Blue Sky Blog, October 30, 2014. www
  • "Entity Partitioning and Tailored Bankruptcy," The CLS Blue Sky Blog, April 25, 2013. www
  • "Dodd-Frank’s Missed Opportunity on Whistleblower Law," The CLS Blue Sky Blog, March 29, 2013. www
  • "A Structured-Renegotiation Theory of Corporate Bankruptcy," The University of Tokyo Faculty Workshop, 2019; Enterprise Law Workshop, Hitotsubashi University, 2019; Tsinghua Law School Faculty Workshop, 2019; College of Law, National Taiwan University Faculty Workshop, 2019; Vanderbilt Law School Faculty Workshop, 2019 Law, Economics and Business Workshop at Berkeley Law, 2016
  • "Artificial Intelligence and the Law," National Chengchi University, Understanding Foreign Law Series, 2019
  • "Valuation: Legal Procedure (Not Art. Not Science.)," ABI & AIRA ValCon 2018: ValCon Talks, 2018
  • "The Bankruptcy Partition," BYU Winter Deals Conference, 2018; University of Pennsylvania Law Review Symposium, 2017
  • "The Short Happy Life of Rules and Standards," Coase Lecture, The University of Chicago Law School, 2017
  • "Distributional Rules and the Bankruptcy Partition," NYU Law and Economics Workshop, 2017
  • "Bankruptcy on the Side," 9th Emerging Market Finance Conference, Mumbai, 2018; NYU/Penn Conference on Law and Finance, 2017; The University of Chicago Law School - Works-in-Progress Seminar, 2017; Goethe/Penn Conference on Law and Finance, 2016; National Business Law Scholars Conference, 2016; Law and Economics Workshop at the University of Toronto, 2016
  • "Self-Driving Contracts," 15th Annual STOREP Conference, University of Genoa, 2018; UCLA Law Pulse Workshop: Agency, Autonomy, and Accountability: Insights from Neuroscience and Artificial Intelligence, 2017; BYU Law School Law & Entrepreneurship Colloquium, 2017; University of Utah, S.J. Quinney College of Law Faculty Workshop, 2017
  • "The Death of Rules and Standards," Coase Sandor Institute for Law and Economics: How Analytics will Change the Law, 2017; Law, Economics and Business Workshop at Berkeley Law, 2016
  • "The Article III Problem in Bankruptcy," Yale/Stanford/Harvard Junior Faculty Forum, 2015
  • "A Framework for Bailout Regulation, American Law and Economics Association Annual Meeting, 2015
  • "The New Corporate Web," Annual Conference of the Italian Society of Law and Economics, 2014; Law and Economics Workshop at Columbia Law School, 2014; Young Bankruptcy Scholars’ Work-in-Progress Workshop, 2014; Law, Economics and Org. Workshop and Bert M. Wasserman Workshop in Law and Finance at Yale Law School, 2014; Annual Meeting of the Canadian Law and Economics Association, 2014; Conference on Creditors & Corporate Governance at the University of Chicago, 2014; Junior Business Law Conference, 2014;National Business Law Scholars Conference, 2014; American Law and Economics Association Annual Meeting, 2014; Canadian Economics Association Annual Conference, 2014; University of Texas School of Law, Law, Business and Economics Workshop, 2014; Northwestern University Law School Law & Economics Colloquium, 2013
  • "The Market Production of Corporate Control," First WINIR Symposium on the Nature of Governance of the Corporation, 2015; Berle Symposium at Seattle University School of Law, 2014
  • "The Fannie and Freddie Bailouts through the Corporate Lens," The Future of Fannie and Freddie Conference, Classical Liberal Institute, NYU Journal of Law and Business, 2013
  • "Auction Design for Claims Trading," ABI Law Review Symposium on Hedge Funds, 2013
  • "Noise Reduction: The Screening Value of Qui Tam," The Corporate and Securities Litigation Workshop, 2013; The European Association of Law and Economics Annual Meeting, 2013
  • "Bankruptcy Step Zero," Visiting Jurist Series at The University of Chicago, 2013 (with Judge Thomas Ambro)
  • "Copyright in Teams," Ringberg Workshop for Junior Researchers on the Law & Economics of Intellectual Property and Competition Law, 2013
  • "Mind Control: Firms and the Production of Ideas," Berle Symposium at Seattle University School of Law, 2012
  • "No Exit? Withdrawal Rights and the Law of Corporate Reorganizations," American Law and Economics Association Annual Meeting, 2012; Marquette University Law School Faculty Workshop, 2012
  • "The Creditors’ Bargain and Option-Preservation Priority in Chapter 11," American Law and Economics Association Annual Meeting, 2011
  • "Bond Covenants and the Law of Indenture Agreements," Credit, Restructuring, Distressed Investing & Turnaround Group, Lecture on Bond Covenants, Chicago Booth School of Business, 2012, 2013, 2015

Memberships and Professional Affiliations

  • Executive Committee for the Association of American Law Schools Section on Creditors’ and Debtors’ Rights: Chair, 2016; Secretary/Treasurer, 2014; Member, 2013, 2015, 2017
  • National Business Law Scholars Conference: Member, Board of Directors, 2016-present; Conference Organizer, 2016
  • Bar admissions, Illinois (2003) and New York (2005)

Awards and Honors

  • American Bankruptcy Institute, 40under40 Leaders in Insolvency Practice, 2017
  • Corporate Practice Commentator, Top 10 Corporate and Securities Articles, 2015

Events

  • Legal Panel member, Annual Credit, Restructuring, Distressed Investing & Turnaround Conference at the University of Chicago Booth School of Business (April 2014)
  • Discussant, Conference on Empirical Legal Studies (October 2013)
  • Reviewer, American Law and Economics Association Annual Meeting: Area Organizer, 2015, 2016; Reviewer, 2013
  • Testified to the ABI Commission to Study the Reform of Chapter 11, 2013

Editorial Work

  • Referee, American Law and Economics Review; The Journal of Empirical Legal Studies; The Journal of Law and Economics; The Journal of Legal Studies; McGill Law Journal; University of Chicago Law Review; Yale Law Journal