Home >
Law >
Bankruptcy and the U.S. Supreme Court: Underenforcement and Structure

Bankruptcy and the U.S. Supreme Court: Underenforcement and Structure

Author: Ronald J. Mann
Publisher: Cambridge University Press
ISBN: 9781316613238
Published In: May 2017
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: S$112.32

S$108.95 Save S$3.37 (3%)

Download Order Form

Add to Wishlist
| Add to Compare

Description
Contents

Details

In this illuminating work, Ronald J. Mann offers readers a comprehensive study of bankruptcy cases in the Supreme Court of the United States. He provides detailed case studies based on the Justices' private papers on the most closely divided cases, statistical analysis of variation among the Justices in their votes for and against effective bankruptcy relief, and new information about the appearance in opinions of citations taken from party and amici briefs. By focusing on cases that have neither a clear answer under the statute nor important policy constraints, the book unveils the decision-making process of the Justices themselves - what they do when they are left to their own devices. It should be read by anyone interested not only in the jurisprudence of bankruptcy, but also in the inner workings of the Supreme Court.

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