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. His projects have explored the interplay of doctrine, strategy, and theory in the areas of corporate reorganization, corporate governance, business organization, financial regulation, civil procedure, and the litigation of complex business disputes. 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, 1999

  • magna cum laude
  • Majors: Economics (with Honors), Political Theory
  • Phi Beta Kappa
  • Teaching Assistant & Tutor for Economics Department

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

  • "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).
  • "Self-Driving Contracts," 43 Journal of Corporation Law 1 (2017) (with Anthony Niblett).
  • "The Death of Rules and Standards," 92 Indiana Law Journal 1401 (2017) (with Anthony Niblett).
  • "Bankruptcy on the Side," 112 Northwestern University Law Review 255 (2017) (with Kenneth M. Ayotte & David Skeel).
  • "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
  • "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

"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; Junior Business Law Conference, University of Colorado, 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," 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; Junior Business Law Conference, 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; Annual Meeting of the Canadian Law and Economics Association, 2015; Junior Business Law Conference, 2015; The University of Chicago Law School – Works-in-Progress Seminar, 2015

"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; Annual Meeting of the Canadian Law and Economics Association, 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, June 2014; American Law and Economics Association Annual Meeting, May 2014; Canadian Economics Association Annual Conference, May 2014; The University of Chicago Law School Works-in-Progress Seminar, May 2014; University of Texas School of Law Law, Business and Economics Workshop, February 2014; Northwestern University Law School Law & Economics Colloquium, October 2013

"The Market Production of Corporate Control," First WINIR Symposium on the Nature of Governance of the Corporation, 2015; The University of Chicago Law School – Works-in-Progress Seminar, 2014; Berle Symposium at Seattle University School of Law, June 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, September 2013

"Auction Design for Claims Trading," ABI Law Review Symposium on Hedge Funds, September 2013

"Noise Reduction: The Screening Value of Qui Tam," The Corporate and Securities Litigation Workshop, November 2013; The European Association of Law and Economics Annual Meeting, September 2013; The University of Chicago Law School Works-in-Progress Seminar, July 2013; Junior Business Law Conference, July 2013; 

"Bankruptcy Step Zero," Visiting Jurist Series at The University of Chicago, January 2013 (with Judge Thomas Ambro)

"Copyright in Teams," Ringberg Workshop for Junior Researchers on the Law & Economics of Intellectual Property and Competition Law, 2013; The University of Chicago Law School Works-in-Progress Seminar, January 2013; Midwestern Law and Economics Association Annual Meeting, October 2012

"Mind Control: Firms and the Production of Ideas," Berle Symposium at Seattle University School of Law, January 2012

"No Exit? Withdrawal Rights and the Law of Corporate Reorganizations," Conference on Creditors & Corporate Governance at the University of Chicago, 2012; Junior Business Law Conference, July 2012; American Law and Economics Association Annual Meeting, May 2012; Marquette University Law School Faculty Workshop, February 2012; Midwestern Law and Economics Association Annual Meeting, September 2011; The University of Chicago Law School Works-in-Progress Seminar, July 2011

"The Creditors’ Bargain and Option-Preservation Priority in Chapter 11," American Law and Economics Association Annual Meeting, May 2011; Midwestern Law and Economics Association Annual Meeting, October 2010; The University of Southern California Center in Law, Economics, and Organization, September 2010; The University of Chicago Law School Works-in-Progress Seminar, September 2010

Memberships and Professional Affiliations

  • Executive Committee for the Association of American Law Schools Section on Creditors’ and Debtors’ Rights (2013-2014)
    Secretary/Treasurer (2014)
  • Bar admissions, Illinois (2003) and New York (2005)

Events

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

Editorial Work

  • Referee, The Journal of Law and Economics
  • Referee, The Journal of Legal Studies