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Juliet M. Moringiello

Commonwealth Professor of Business Law
Director, Business Advising Program

SSRN Papers
Bepress SelectedWorks
Curriculum Vitae

Phone: 717.541.3917

“No matter their area of practice, lawyers solve problems. One of the most rewarding aspects of teaching is helping students hone the problem solving skills that are so integral to the practice of law.” 

Juliet M. Moringiello has been teaching and writing about bankruptcy law since she arrived at Widener in the 1990s. When the City of Harrisburg fell into financial distress almost 20 years later, Professor Moringiello focused her attention on a topic of great local interest, municipal bankruptcy. She has published several law review articles on the relationship between state and federal approaches to alleviating municipal financial distress, and has been a frequent commentator in the national and international news media about Detroit’s historic bankruptcy and the dismissed bankruptcy filing and subsequent state receivership of Harrisburg, Pennsylvania.

Professor Moringiello is a versatile scholar who writes in the areas of bankruptcy, secured credit, and electronic commerce, and her articles have been published in several top law reviews. In 2010, she served as the Robert M. Zinman Resident Scholar at the American Bankruptcy Institute.

Professor Moringiello is a leader in the bar on both the national and state levels and has held numerous leadership positions in the American Bar Association Business Law Section. She presently serves as chair of the Pennsylvania Bar Association Business Law Section.

She is deeply involved in law reform work and played a key role in the enactment in Pennsylvania of several revised articles of the Uniform Commercial Code. The Pennsylvania Bar Association recognized her for her law reform work with a Special Achievement Award in 2007. Professor Moringiello is an elected member of the American Law Institute and the American College of Commercial Finance Lawyers.  In 2015, she was appointed as a Uniform Law Commissioner for Pennsylvania.

In 2013, the Central Penn Business Journal named Professor Moringiello a “Woman of Influence.”

In 2014, the graduating class honored Professor Moringiello with the Outstanding Faculty Award for excellence in teaching, and she has received the Douglas E. Ray Excellence in Faculty Scholarship Award twice.

  • Property
  • Bankruptcy
  • Sales
  • Secured Transactions
  • Seminar on Cities in Crisis

Selected Publications

Books
  • ed., Internet Law for the Business Lawyer (2nd ed., ABA 2012).
  • ed., Bankruptcy Overview: Issues, Law and Policy,  (6th ed., American Bankruptcy Institute 2010).
Chapters
  • "Building a Language of Municipal Bankruptcy and Insolvency on an Urban Law Foundation," in Law Between Buildings: Emergent Global Perspectives in Urban Law (Nestor M. Davidson and Nisha Mistry, eds. Routledge, 2016).
  • Electronic Issues in Secured Financing,” in The Research Handbook On Electronic Commerce Law (John A. Rothchild, ed. Edward Elgar, 2016).
  • “Hernando deSoto, Formal Property Systems, and the Intangible Asset Paradox,” in Hernando de Soto and Property in a Market Economy 161 (D. Benjamin Barros, ed., 2010).
Articles
  • Chapter 9 Plan Confirmation Standards and the Role of State Choices, 37 Campbell L. Rev. 1 (2015).
  • When Does Some Federal Interest Require a Different Result?: An Essay on the Use and Misuse of Butner v. United States, 2015 U. Ill. L.Rev. 657 (2015).
  • Notice, Assent, and Form in a 140 Character World, 44 Sw. U. L.Rev. 275 (2014).
  • & William L. Reynolds, The New Territorialism in the Not-So-New Frontier of Cyberspace, 99 Cornell L. Rev. 1415 (2014).
  • Goals and Governance in Municipal Bankruptcy, 71 Wash. & Lee L. Rev. 403 (2014).
  • & William L. Reynolds, From Lord Coke to Internet Privacy: The Past, Present, and Future of the Law of Electronic Contracting, 72 Md. L. Rev. 452 (2013).
  • Specific Authorization to File Under Chapter 9: Lessons from Harrisburg, 32 Cal. Bankr. J. 237 (2012).
  • (Mis)use of State Law in Bankruptcy: The Hanging Paragraph Story, 2012 Wis. L. Rev. 963.
  • Mortgage Modification, Equitable Subordination, and the Honest But Unfortunate Creditor, 79 Fordham L. Rev. 1599 (2011).
  • Warranting Data Security, 5 Brook. J. Corp. Fin. & Com. L. 63 (2010).  
  • & William L. Reynolds, Electronic Contracting Cases 2009-10, (Survey-Cyberspace Law) 66 Bus. Law. 175 (2010).
  • & William L. Reynolds, What’s Software Got to do With It?:  The ALI Principles of the Law of Software Contracts, 84 Tul. L. Rev. 1541 (2010).
  • What Virtual Worlds Can Do for Property Law, 62 Fla. L. Rev. 159 (2010).
  • & William L. Reynolds, Electronic Contracting Cases 2008-09, (Survey—Cyberspace Law) 65 Bus. Law. 317 (2009).
  • & William L. Reynolds, Electronic Contracting Cases 2007-2008, (Survey-Cyberspace Law) 64 Bus. Law. 199 (2008).
  • Towards a System of Estates in Virtual Property, in Cyberlaw, Security & Privacy (Sylvia Mercado Kierkegaard, ed., Ankara Bar Association Press 2007).
  • False Categories in Commercial Law:  The (Ir)Relevance of (In)Tangibility, 35 Fla. St. L. Rev. 119 (2007).
  • & William L. Reynolds, Electronic Contracting Cases 2006-2007, 63 Bus. Law. 219 (2007).
  • Has Congress Slimmed Down The Hogs?:  A Look at the BAPCA Approach to Pre-Bankruptcy Planning, 15 Widener L.J. 615 (2006).
  • & William L. Reynolds, Electronic Contracting Cases 2005-2006, (Survey-Cyberspace Law) 62 Bus.  Law. 195 (2006).
  • & William L. Reynolds, Internet Contracting Cases 2004-2005, 61 Bus. Law. 433 (2005).
  • Signals, Assent and Internet Contracting, 57 Rutgers L. Rev. 1307 (2005).
  • Seizing Domain Names to Enforce Judgments: Looking Back to Look to the Future, 72 U. Cin. L. Rev. 95  (2003).
  • et al., Browse-Wrap Agreements: Validity of Implied Assent in Electronic Form Agreements, 59 Bus. Law. 279 (2003).
  • Revised Article 9, Liens From the Fringe, and Why Sometimes Signatures Don’t Matter, 10 Widener J. Pub. L. 135 (2001).
  • A Tale of Two Codes: Examining §522(f) of the Bankruptcy Code, §9-103 of the Uniform Commercial Code and the Proper Role of State Law in Bankruptcy, 79 Wash. U. L. Q. 863 (2001).
  • Distinguishing Hogs from Pigs: A Proposal for A Preference Approach to Pre-Bankruptcy Planning, 6 Am. Bankr. Inst. L. Rev. 103 (1998).
  • A Mortgage By Any Other Name: A Plea for the Uniform Treatment of Installment Land Contracts and Mortgages Under the Bankruptcy Code, 100 Dick. L. Rev. 733 (1996).
  • Silencing the Loose Cannon: The Need for the Bankruptcy Code to Recognize Letters of Credit, 27 Loy. L.A. L. Rev. 619 (1994).
Other
  • Book Review, 32 Am. Bankr. Inst. J. 60 (2013), (reviewing H. Slayton Dabney Jr. Et Al., Municipalities in Peril: The ABI Guide to Chapter 9, 2nd ed., (2012).)
  • A City in Distress: Harrisburg’s Financial Crisis, Widener Sch.L.Mag. Spring 2011, at 5..
  • & Michael Hussey, Op-Ed., Share Pain or Deal With Bankruptcy, Patriot News (Harrisburg, Pa.), June 19, 2011, at C5.
  • Editorial, Why Foreclosure Robo-Signers Should be Everyone’s Concern, The News J. (Wilmington, Del.) Oct. 31, 2010, at A31.
  • Survey of the Law of Cyberspace:  Introduction, 65 Bus. Law. 227 (2009).
  • Our Mini-Theme:  O Canada, Bus. L. Today, Jan.-Feb. 2009, at 8.
  • & Michael F. Fleming, Cyberspace Law Survey:  Introduction, 64 Bus. Law. 153 (2008).
  • MGM Studios, Inc. v. Grokster, Ltd., 545 U.S. 913 (2005) in 3 Encyclopedia of the Supreme Court of the United States  285 (David S. Tanenhaus, ed., Gale 2008).
  • Cyberspace Law Survey:  Introduction, 63 Bus. Law. 217 (2007).
  • Is It More Difficult to File for Bankruptcy?  Widener Sch. L. Mag., Spring 2006, at 2.
  • Contracts, Payments and What to do With all That Data:  Introduction to the 2006 Cyberspace Survey, 62 Bus. Law. 193 (2006).
  • Cyberspace Law Survey: Introduction, 61 Bus. Law. 431 (2005).
  • Grasping Intangibles: Domain Names and Creditors’ Rights, J. Internet L., Sept. 2004, at 3.
  • From Vending Machines to Web Sites: Mutual Assent Between Man and Machine, Fifth Int’l Conf. on Electronic Com. 393 (2003).
  • ‘Paper World’ Analogies to Web Site Terms and Conditions: Travel Tickets and Other Similar Forms, ABA Section of Business Law eSource, vol. 2, No. 2 (July, 2003), at http:/www.abanet.org/buslaw/newsletter/0014/materials/paperworld.pdf.
  • Priorities Under Revised Article 9 of the Uniform Commercial Code in Revised Article 9 at 20 (PBI Publication No. 2001-2795, 2001).

Education

BSFS, Georgetown University School of Foreign Service
JD, Fordham University School of Law
LLM, Temple University School of Law

Experience

Abraham L. Freedman Teaching Fellow, Temple University School of Law
Associate, Emmet, Marvin & Martin, New York

Bar Admissions

New York
Pennsylvania

Memberships

American Law Institute
Life Fellow, American Bar Foundation
Member, Publications Board, American Bar Association Section of Business Law
Secretary, Section of Business Law, Pennsylvania Bar Association
Co-Chair, Uniform Commercial Code Committee, Section of Business Law, Pennsylvania Bar Association
Chair, Task Force for the Enactment of the Uniform Voidable Transactions Act, Pennsylvania Bar Association Section of Business Law
Coordinating Editor, American Bankruptcy Institute Journal, American Bankruptcy Institute
Member, Advisory Board, American Bankruptcy Institute Law Review, American Bankruptcy Institute
Founding Member, Dauphin County Volunteer Lawyers for the Arts
Chair, Georgetown Scholarship Program for East Central Pennsylvania

Media Coverage

Debtwire
Juliet Moringiello provided expert commentary on 8/4/16
Atlantic City's state loan vulnerable to challenges from creditors (subscription only)

Bond Buyer
Juliet Moringiello provided expert commentary on 7/12/16
What's Missing in Chapter 9 Bankruptcy Law

Westlaw Journal Bankruptcy
Juliet Moringiello provided expert commentary on 6/16/16
Congress must step up after Puerto Rico debt law struck down (no link available)

American Bankruptcy Institute
Juliet Moringiello was a guest on a podcast on 5/17/16
The Intersection of Article 9 and Retail Bankruptcy

Westlaw Journal Bankruptcy
Juliet Moringiello provided expert commentary on 2/26/16
Municipal bankruptcy expert discusses Puerto Rico’s Chapter 9 case

Debtwire
Juliet Moringiello was quoted on 2/25/16
Atlantic City takeover legislation could have consequences for other New Jersey municipalities (no link available)

Bloomberg Business
Juliet Moringiello provided expert commentary on 1/22/16
The Case for Allowing U.S. States to Declare Bankruptcy

Debtwire
Juliet Moringiello provided expert commentary on 1/14/16
Atlantic City takeover proposal creates uncertainty in event of bankruptcy

Debtwire
Juliet Moringiello was quoted on 10/30/15
Restructuring pros debate holding municipal bankruptcy to corporate standards (No link available)

The Burg
Juliet Moringiello was quoted on 10/30/15
Collateral Damage: Harrisburg's revolving loan fund was supposed to spark business development. Decades later, the fund is dormant, and the city is still trying to figure out who owes what.

The Street
Juliet Moringiello was quoted on 10/5/15
Bankruptcy filing isn't allowed for marijuana business - So now what?

The Deal
Juliet Moringiello, provided expert commentary on 9/2/15
Pot businesses in financial trouble face a hazy future

Debt Wire
Juliet Moringiello, was quoted on 7/27/15
Atlantic City’s emergency management team could be signaling bankruptcy pursuit, experts say (no link available)

Press of Atlantic City
Juliet M. Moringiello, provided expert commentary on 4/27/15
Kevyn Orr leaving role as aide to Atlantic City emergency manager

Bloomberg BRIEF
Juliet Moringiello, featured on 4/23/15
Q and A published in Bloomberg BRIEF: Municipal Market, on the potential for chapter 9 bankruptcy in Puerto Rico and what precedent that might set (No link available)

The Press of Atlantic City
Juliet M. Moringiello, quoted on 3/26/15
The next step for Atlantic City after Lavin’s report: Time will tell

Reuters, WIFC-FM, KWSN-AM, etc.
Juliet Moringiello, quoted on Detroit plan to exit bankruptcy
Instant View: Judge confirms Detroit plan to exit bankruptcy (Reuters on 11/07/14)
Detroit's dash through bankruptcy awaits court nod (WIFC-FM on 11/07/14)
Judge confirms Detroit plan to exit bankruptcy (The Jamestown Sun on 11/07/14)
Detroit's dash through bankruptcy awaits court nod (KWSN-AM on 11/07/14)

Fortune and The Morning Call
Juliet Moringiello, quoted on Detroit bankruptcy
Detroit pensioners approve bankruptcy haircut in landslide (Fortune on 07/22/14)
Detroit workers, retirees give bankruptcy plan a boost (The Morning Call on 07/22/14

Citizens Voice, Standard Speaker, and The Times-Tribune
Juliet Moringiello, provided expert commentary on bankruptcy
Creditors, township, look for MEM missing PPL cash (Citizens Voice on 06/07/14)
Creditors seeking MEM bankruptcy money (Standard Speaker on 06/07/14)
Creditors, township, look for MEM missing PPL cash (The Times-Tribune on 06/07/14)

Reuters, The New York Times, The Baltimore Sun, etc.
Juliet Moringiello, quoted on Detroit bankruptcy plan
Detroit uses stick and carrot to sell bankruptcy plan (Reuters on 02/26/14)
Detroit Uses Stick and Carrot to Sell Bankruptcy Plan (The New York Times on 02/26/14)
Detroit uses stick and carrot to sell bankruptcy plan (The Morning Call on 02/26/14)
Detroit uses stick and carrot to sell bankruptcy plan (The Baltimore Sun on 02/26/14)

Presentations

Panelist: “Confirmation Issues in Chapter 9,” Campbell Law Review Symposium, One City at a Time: The Role and Increasing Presence of Chapter 9 Municipal Bankruptcies, Raleigh, NC, October 17, 2014

“The Urban Law of Municipal Insolvency” Fordham Comparative Urban Law Conference, London, England, June 30, 2014

“When Does Some Federal Interest Require a Different Result? The Use and Misuse of Butner v. United States, American Bankruptcy Institute – University of Illinois Symposium on Chapter 11 Reform, Chicago, IL, April 4, 2014

Program Leader: “Municipal Bankruptcy Eligibility and Constitutionality,” Eastern District of Pennsylvania Bankruptcy Conference 25th Annual Forum, Atlantic City, NJ, January 24, 2014

Panelist, “Things My Ethics Professor Didn’t Tell Me: Top Ethical Pitfalls for the Social Media Age,” American Bar Association Annual Meeting, San Francisco, CA, August 10, 2013

Panelist: “Icebergs Ahead! The Impact of State Law Restrictions and Conditions on Municipal Bankruptcies under Chapter 9,” National Conference of Bankruptcy Judges Annual Meeting, San Diego, CA, October 26, 2012

Twitter

@profjuliet

faculty directory a-d e-k l-p q-z