Bankruptcy and the U.S. Supreme Court

ISBN-13: 9781107160187 / Angielski / Twarda / 2017 / 286 str.

Ronald J. Mann

Opis

This book provides a comprehensive study of the Supreme Court's bankruptcy cases, illustrating and explaining the structural reasons for the Court's narrow bankruptcy perspective.

Recenzje

'Bankruptcy and the US Supreme Court is a very interesting and well-researched study of US Supreme Court decision-making. The book's sustained analysis of bankruptcy cases shed light on trends - often unintentional, but nevertheless fairly consistent - running through bankruptcy jurisprudence in the Supreme Court as well as the Justices' approach to deciding these cases.' Virginia Torrie, Banking & Finance Law Review

Spis treści

Part I. Setting the Stage: 1. Literature review; 2. Data and methods; 3. Congress and the Bankruptcy Code of 1978; 4. By the numbers; Part II. The Hard Cases; Section 1. A Tale of Missed Opportunities: Congress, the Court, and the Bankruptcy Clause: 5. From marathon to wellness: assessing the 'public[ity]' of the bankruptcy power; 6. Sovereign immunity and the bankruptcy power: from Hoffman to Katz; Section 2. A Study in Interpretive Strategy: The Court, the Solicitor General, and the Code: 7. Bankruptcy versus labor law: Bildisco; 8. Bankruptcy versus environmental law: midLantic; 9. Bankruptcy versus criminal law: Kelly; 10. Setting text against tradition: Ron Pair; 11. Bankruptcy and state sovereignty: BFP; Part III. Amici and the Court: 12. The Supreme Court, the Solicitor General, and statutory interpretation; 13. Learning from amici; Part IV. Conclusion: Appendix A. The Supreme Court's bankruptcy cases; Appendix B. Available papers of the Justices; Appendix C. References to the hard cases; Appendix D. Sources of the Court's citations; Appendix E. Sources from the Solicitor General and other amici.