Rafael I. Pardo
Walter D. Coles Professor of Law
Rafael I. Pardo researches and teaches in the areas of bankruptcy, commercial law, contracts, and legal history. His scholarship explores a wide array of bankruptcy topics and has been published in numerous law journals, including the Alabama Law Review, the Arizona Law Review, the Florida Law Review, the Iowa Law Review, the Tulane Law Review, the UCLA Law Review, the Vanderbilt Law Review, the Washington Law Review, the Washington and Lee Law Review, and the William and Mary Law Review. Federal courts of appeals, district courts, bankruptcy appellate panels, and bankruptcy courts have cited his work.
Professor Pardo’s recent research has focused on the intersection of the 1841 Bankruptcy Act, slavery, and race in the antebellum United States. His published work in this area has analyzed how the federal government through the Act became the owner and seller of enslaved Black Americans, provided direct economic support to financially distressed slave traders, restructured and operated financially distressed assets involved in the domestic slave trade, and engaged in residual policymaking with racially harmful effects. He has also analyzed how free Black Americans facing financial distress used the Act to reintegrate into their commercial communities and protect their claims to citizenship. This research serves as the foundation for Pardo’s current book project, The Color of Bankruptcy: Financial Failure and Freedom in the Age of American Slavery, which Columbia University Press will publish as part of its Columbia Studies in the History of U.S. Capitalism series.
Professor Pardo received his B.A. in history from Yale College and his J.D. from New York University School of Law, where he served as an executive editor of the New York University Law Review and was a recipient of the Judge John J. Galgay Fellowship in Bankruptcy and Reorganization Law. He is an elected member of the American Law Institute and an elected fellow of the American Bar Foundation. He has testified as a bankruptcy expert before both houses of Congress and has served as a commentator on bankruptcy matters for various media outlets, including Bloomberg, The Chicago Tribune, The New York Times, The Seattle Times, USA Today, and The Wall Street Journal.
Before joining Washington University, Professor Pardo was the Robert T. Thompson Professor of Law for ten years at Emory University, where he received the Emory Williams Distinguished Teaching Award in 2015. He previously was also a member of the law faculties at the University of Washington, Seattle University, and Tulane University.
- Education
- J.D., New York University School of Law, 2001
- B.A., Yale College, 1998
- Courses
- Bankruptcy
- Contracts
- Secured Transactions
- Areas of Expertise
- Bankruptcy
- Commercial Law
- Courts and Judges
- Legal History
- Publications
BOOKS
- The Color of Bankruptcy: Financial Failure and Freedom in the Age of American Slavery (under contract with Columbia University Press)
- Bankruptcy: Dealing with Financial Failure for Individuals and Businesses (West Academic Publishing 6th ed. 2024) (with Bruce A. Markell & Lawrence Ponoroff)
- Secured Transactions: Problems and Materials (West Academic Publishing 4th ed. 2021) (with Paul Barron & Mark B. Wessman)
BOOK CHAPTER
- Self-Representation and the Dismissal of Chapter 7 Bankruptcy Cases, in Beyond Elite Law: Access to Civil Justice in America 87 (Samuel Estreicher & Joy Radice eds., Cambridge University Press 2016)
ARTICLES, ESSAYS, AND STUDENT WORKS
- Rethinking Antebellum Bankruptcy, 95 University of Colorado Law Review 995 (2024)
- Racialized Bankruptcy Federalism, 2021 Michigan State Law Review 1299 (invited symposium contribution)
- On Bankruptcy’s Promethean Gap: Building Enslaving Capacity into the Antebellum Administrative State, 48 Fordham Urban Law Journal 801 (2021) (invited Cooper-Walsh Colloquium contribution)
- Financial Freedom Suits: Bankruptcy, Race, and Citizenship in Antebellum America, 62 Arizona Law Review 125 (2020)
- Federally Funded Slaving, 93 Tulane Law Review 787 (2019)
- Bankrupted Slaves, 71 Vanderbilt Law Review 1071 (2018)
- Documenting Bankrupted Slaves, 71 Vanderbilt Law Review En Banc 73 (2018)
- Taking Bankruptcy Rights Seriously, 91 Washington Law Review 1115 (2016)
- The Undue Hardship Thicket: On Access to Justice, Procedural Noncompliance, and Pollutive Litigation in Bankruptcy, 66 Florida Law Review 2101 (2014)
- Rethinking the Principal-Agent Theory of Judging, 99 Iowa Law Review 331 (2013) (with Jonathan R. Nash)
- The Structural Exceptionalism of Bankruptcy Administration, 60 UCLA Law Review 384 (2012) (with Kathryn A. Watts)
- Does Ideology Matter in Bankruptcy? Voting Behavior on the Courts of Appeals, 53 William and Mary Law Review 919 (2012) (with Jonathan R. Nash)
- Reconceptualizing Present-Value Analysis in Consumer Bankruptcy, 68 Washington and Lee Law Review (2011)
- An Empirical Examination of Access to Chapter 7 Relief by Pro Se Debtors, 26 Emory Bankruptcy Developments Journal 5 (2009)
- Setting the Record Straight: A Sur-Reply to Professors Lawless et al., 33 Seattle University Law Review 93 (2009)
- Failing to Answer Whether Bankruptcy Reform Failed: A Critique of the First Report from the 2007 Consumer Bankruptcy Project, 83 American Bankruptcy Law Journal 27 (2009) (peer reviewed)
- The Real Student-Loan Scandal: Undue Hardship Discharge Litigation, 83 American Bankruptcy Law Journal 179 (2009) (with Michelle R. Lacey) (peer reviewed)
- The Utility of Opacity in Judicial Selection, 64 New York University Annual Survey of American Law 633 (2009) (invited symposium contribution)
- An Empirical Investigation into Appellate Structure and the Perceived Quality of Appellate Review, 61 Vanderbilt Law Review 1745 (2008) (with Jonathan R. Nash) (selected for presentation at the 2007 Stanford/Yale Junior Faculty Forum)
- Illness and Inability to Repay: The Role of Debtor Health in the Discharge of Educational Debt, 35 Florida State University Law Review 505 (2008)
- Eliminating the Judicial Function in Consumer Bankruptcy, 81 American Bankruptcy Law Journal 471 (2007) (peer reviewed)
- Undue Hardship in the Bankruptcy Courts: An Empirical Assessment of the Discharge of Educational Debt, 74 University of Cincinnati Law Review 405 (2005) (with Michelle R. Lacey)
- On Proof of Preferential Effect, 55 Alabama Law Review 281 (2004), reprinted in 13 Journal of Bankruptcy Law and Practice 95 (2004)
- Comment, Bankruptcy Court Jurisdiction and Agency Action: Resolving the NextWave of Conflict, 76 New York University Law Review 945 (2001)
- Note, Beyond the Limits of Equity Jurisprudence: No-Fault Equitable Subordination, 75 New York University Law Review 1489 (2000)
- Activity and Affiliations
- Elected Member, American Law Institute
- Elected Fellow, American Bar Foundation
- Faculty Affiliate, Center for the Study of Race, Ethnicity & Equity
- Faculty Affiliate, Center for Empirical Research in the Law
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