History of the American Bankruptcy Law Journal
The American Bankruptcy Law Journal (“Journal”) was first published in 1926, known then as the Journal of the National Association of Referees in Bankruptcy—the name of the Journal until 1971. The early volumes of the Journal focused largely on the proceedings of the annual conference of the National Association of Bankruptcy Referees, with only a few short substantive articles on relevant legal issues and cases.[1] For example, in the June 1927 issue of volume 1, three substantive articles appeared: “Adverse” or “Colorable,” by Charles Theodore Grieve; Referees as Special Masters and Their Compensation, by Elmer N. Powell; and The Application of the “Trust Receipt” Doctrine to Domestic Sales, by Cameron L. Baldwin. All three authors were Referees, and Powell was the Director of the Association at the time. Volume 1 includes the following statement concerning the purpose of the Journal:
THIS JOURNAL
In presenting this Journal to the members of this association, as well as to Referees generally, our officers and directors believe that it furnishes a medium of publicity and interest to all Referees so that it will receive their cordial approval and support. It is hoped that this may be the beginning of an official publication to be issued at least quarterly and will carry to all parties interested in the proceedings of the annual conferences as well as news notes and comment and articles of special interest in bankruptcy.
This association is young, having been organized only in July, 1926, but the support which it has received from Referees, as well as the endorsement had from the Federal judiciary, justifies the directors in believing that here is a decided need for such an association and that the organization is rapidly finding its place among those from whom it rightfully may expect support. We commend this Journal to you as your publication and invite your cooperation toward making it interesting and in every way successful.
1 J. Nat’l Ass’n Ref. Bankr. 79 (1927). Notably, this statement of purpose—including the publication of the Journal for all bankruptcy judges and others in the profession—remains true today, as does the important role your support plays in the continued success of the Journal.
The Journal embraced a four-volume or quarterly format in October 1928 with volume 3 of the Journal. The first two issues continued to focus on the proceedings of the annual conference, and the last two issues offered articles on legal and administrative issues of interest to Referees in bankruptcy. The Journal continued to be published primarily for Referees, as well as any federal judges and bankruptcy academics who were interested in the materials. In volume 3, however, an expanded readership was announced as follows, “[T]here has been such a general interest in the Journal shown by lawyers that the directors have authorized the establishing of a subscription price to those who are not Referees in Bankruptcy or not otherwise receiving the Journal. Subscriptions will not be solicited but will be accepted from those interested.” 3 J. Nat’l Ass’n Ref. Bankr. 4 (1928). The annual subscription was $5.00, payable in advance. Id.
The format of the Journal remained largely unchanged for approximately 44 years. Then, in 1970, the decision was made to change the name and the format of the Journal:
Commencing with the next [January, 1971]issue, the Journal will don a new format and title, as a result of action taken by the Board of Directors of the Conference at their meeting in Ottawa. The new Journal will be entitled ‘The American Bankruptcy Law Journal’ and will assume the more traditional law review format. The dissemination of Conference news and information will no longer be a function of the Journal, but will be performed through a Conference newsletter to be published monthly under the editorship of the Honorable A. David Kahn, of Atlanta, Georgia. The Conference Newsletter will be circulated among Conference members only.
The American Bankruptcy Law Journal will consist primarily of original articles in the field of bankruptcy and commercial law and will contain approximately 60% more literary material than does the present Journal.
44 J. Nat’l Ass’n Ref. Bankr. 98 (1970).
Although these changes were significant, they did not alter the Journal’s commitment to excellence.[2] The inaugural issue of the revamped Journal was quite impressive. It contained commemorative messages from (among others) the President of the United States and the Chief Justice of the United States, and articles by Professor Charles Seligson, Professor Ven Countryman, Honorable William J. O’Neill, Honorable Joe Lee, Honorable Asa S. Herzog, and John Honsberger. 45 Am. Bankr. L.J. vii et seq. (1971). Moreover, the exceptional quality of the Journal and its meaningful coverage of cutting-edge issues in bankruptcy and related legal fields continued. Its prominence also grew in academic circles for being not only the sole peer-reviewed bankruptcy Journal, but also the primary Journal read by bankruptcy judges and professionals.
With the enactment of the Bankruptcy Code in 1978 and subsequent amendments, the Journal brought timely scholarship directly to the mailboxes of the judges and practitioners working to implement the new and then the amended law. From jurisdiction to consumer bankruptcies, to corporate reorganizations and international insolvency proceedings, the Journal had articles to help the profession work through the many issues and unanswered questions.
Then in 1991, then Editor in Chief, Judge Samuel L. Bufford, announced that the Journal would begin offering periodic “symposia on issues of topical interest.” 65 Am. Bankr. L.J. xiii (1991). The topic of the first published symposium was Jury Trials in Bankruptcy Courts and featured articles by Douglas G. Baird, John C. McCoid II, and John E. Matthews. Id. at 1–73. The interest in academic symposia grew, and the Journal ultimately collaborated with the National Conference of Bankruptcy Judges, the American College of Bankruptcy, and the American Bar Association Business Bankruptcy Committee to host a symposium and publish a symposium issue every two years.
The Journal also transitioned to an all-digital platform in 2023, with volume 97. This effort was led by then-Editor in Chief Judge Terry Michael; then-treasurer Judge Michael Kaplan; and former board member and Editor in Chief Judge Jeffrey Deller. It was also accomplished through a collaboration with Temple University Beasley School of Law, which hosts the digital platform.
The digital transition allows the Journal to be more nimble in its publication initiatives, control costs, and reach more readers. In fact, the Journal went from a few hundred subscription readers when published in hard copy to over 13,000 users on the digital platform. The Journal plans to build on the success of the digital platform transition by continuing the publication of an exceptional journal that meets the needs of bankruptcy judges, academics, and professionals, and encourages us all to constructively analyze the work we do in the profession every day. The Journal also will be launching new offerings, such as online roundtables and different methods to more timely discuss and learn about cutting-edge issues.
All of us at the Journal are very proud of its first 100 years in publication and eagerly look forward to the next 100 years!