Senator Biden makes it up out of thin air
|The article||What Senator Biden says it says:||What the article says:|
|Kenneth Ayotte & David A. Skeel, Jr., Why Do Distressed Companies Choose Delaware? An Empirical Analysis of Venue Choice in Bankruptcy (manuscript dated October 18, 2004)||"Using a multivariate regression analysis, [Ayotte and Skeel] concluded that LoPucki's study is faulty."||The article makes no criticism whatsoever of any of my studies.|
|Robert K. Rasmussen & Randall S. Thomas, Whither the Race? A Comment on the Effects of the Delawarization of Corporate Reorganizations, 54 Vanderbilt Law Review 283 (2001)||"LoPucki's study has been repeatedly criticized by a number of important scholars. Vanderbilt law professors Robert Rasmussen and Randall Thomas analyzed LoPucki's methodology and concluded that it is significantly flawed . . . ."||In an early draft of their article, Rasmussen and Thomas charged that a certain aspect of the my research was "seriously flawed." They removed that charge prior to publication and in the published version said they "have no quarrel with [LoPucki's] factual findings." Page 285.|
|Harvey R. Miller, Chapter 11 Reorganization Cases and the Delaware Myth, 55 Vanderbilt Law Review 1987 (2001)||"One of the country's premier bankruptcy law practitioners, Harvey Miller, conducted a statistical study on the issue and concluded that LoPucki's claims are 'the stuff of myths.'"||Miller doesn't claim to have
statistically disproven any of my claims.
"This Article does not dispute that the recidivism rates for . . . reorganizations are higher in Delaware than in all other jurisdictions minus the Southern District of New York." Page 2004.
"While critics of Delaware contend that there is something wrong with how the Delaware Bankruptcy Court deals with reorganization cases, their critiques are the stuff of myths." Page 2017.