Bankruptcy and the U.S. Supreme Court / Ronald J. Mann.
2017
KF1524 .M269 2017 (Map It)
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Title
Bankruptcy and the U.S. Supreme Court / Ronald J. Mann.
Published
New York, NY : Cambridge University Press, 2017.
Call Number
KF1524 .M269 2017
Course Lists
Bankruptcy Law (Mann) by Ronald Mann (Fall 2024)
ISBN
9781107160187 (hardback)
1107160189 (hardback)
9781316613238 (paperback)
1316613232 (paperback)
1107160189 (hardback)
9781316613238 (paperback)
1316613232 (paperback)
Description
xi, 276 pages : illustrations ; 24 cm
System Control No.
(OCoLC)964379096
Summary
"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"-- Provided by publisher.
"A bankruptcy court had the power to absolve a state criminal sentence. I left his office doubtful at best that he could be right - the statute seemed so clear. Not surprisingly, the expectations of the Justice were more accurate than those of his young law clerk. At the conference the next morning, the Justices decided by a 7-2 margin that the Bankruptcy Code did not discharge the restitutionary obligation. The opinion was assigned to Justice Powell"-- Provided by publisher.
"A bankruptcy court had the power to absolve a state criminal sentence. I left his office doubtful at best that he could be right - the statute seemed so clear. Not surprisingly, the expectations of the Justice were more accurate than those of his young law clerk. At the conference the next morning, the Justices decided by a 7-2 margin that the Bankruptcy Code did not discharge the restitutionary obligation. The opinion was assigned to Justice Powell"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references (pages 249-258) and index.
Record Appears in
Variant Title
Bankruptcy and the US Supreme Court
Bankruptcy and the United States Supreme Court
Bankruptcy and the United States Supreme Court
Gift
Purchased from the income of the Edith L. Fisch Fund
Gift
The Arthur W. Diamond Law Library
Purchased from the income of the Edith L. Fisch Fund
Table of Contents
List of Figures
ix
List of Tables
x
Preface
xi
Introduction
1
pt. I
SETTING THE STAGE
5
1.
Literature Review
7
1.1.
Political-Science Perspective: From "Attitudinal" to "Constrained" Decisionmaking
8
1.2.
Legal Academic Perspective on Bankruptcy: A Case Study in Textualism
11
1.3.
Role of External Knowledge in Judicial Decisionmaking
13
2.
Data and Methods
16
2.1.
Defining the Subject
16
2.2.
Quantitative Analysis
17
2.3.
Qualitative Analysis
18
3.
Congress and The Bankruptcy Code of 1978
24
4.
By the Numbers
31
pt. II
HARD CASES
37
SECTION A
MISSED OPPORTUNITIES: CONGRESS, THE COURT, AND THE BANKRUPTCY CLAUSE
39
5.
From Marathon to Wellness: Assessing the "Public[ity]" of the Bankruptcy Power
42
5.1.
Introduction
42
5.2.
Setting the Stage: From Referees and Summary Jurisdiction to the Comprehensive Bankruptcy Vision of the Code
43
5.3.
Jaundiced View of Bankruptcy: Marathon
48
5.4.
Retrenchment Extended from Article III to the 7th Amendment: Granfinanciera
56
5.5.
Marathon Consolidated: Stern v. Marshall
65
5.6.
Court Blinks: Arkison and Wellness
68
5.7.
Irrelevance of Bankruptcy to Constitutional Doctrine
76
6.
Sovereign Immunity and the Bankruptcy Power: From Hoffman to Katz
79
6.1.
Introduction
79
6.2.
Setting the Stage: From Fitzpatrick to Union Gas
79
6.3.
Applying the Rules: Hoffman
83
6.4.
Interpretive Interlude: Nordic Village
91
6.5.
Congress Talks Back: Katz
94
6.6.
Unfortunate Irrelevance of Bankruptcy to Constitutional Doctrine
96
SECTION B
INTERPRETIVE STRATEGY: THE COURT, THE SOLICITOR GENERAL, AND THE CODE
98
7.
Bankruptcy versus Labor Law: Bildisco
99
7.1.
Introduction
100
7.2.
Labor Politics in the 1980s
101
7.3.
Legal Context of Bildisco
102
7.4.
Court's Decision
107
7.5.
Bildisco's Aftermath
118
7.6.
Postscript on GM and Chrysler
121
7.7.
Conclusion
123
8.
Bankruptcy versus Environmental Law: MidLantic
125
8.1.
Political Background
126
8.2.
Bankruptcy Abandonment under the Act and the Code
128
8.3.
Factual Setting
129
8.4.
Midlantic at the Supreme Court
133
8.5.
Role of the Solicitor General
142
8.6.
Legacy of Midlantic
145
9.
Bankruptcy versus Criminal Law: Kelly
146
9.1.
Criminal Restitution and Victims' Rights
146
9.2.
Background
148
9.3.
Supreme Court's Decision
150
9.4.
Aftermath
156
10.
Setting Text against Tradition: Ron Pair
158
10.1.
Factual Setting
158
10.2.
Legal Setting
159
10.3.
Ron Pair in the Lower Courts
161
10.4.
Ron Pair in the Supreme Court
162
10.5.
Explaining Ron Pair
168
10.6.
Aftermath: Rake v. Wade and Its Rejection
171
10.7.
Conclusion
172
11.
Bankruptcy and State Sovereignty: BFP
174
11.1.
Introduction
174
11.2.
Foreclosure as a Fraudulent Conveyance
175
11.3.
BFP in the Lower Courts
180
11.4.
BFP in the Supreme Court
184
11.5.
Conclusion
191
pt. III
AMICI AND THE COURT
193
12.
Supreme Court, the Solicitor General, and Statutory Interpretation
197
12.1.
Agency Cases
198
12.2.
Tax Cases
200
12.3.
United States Trustee Cases
200
12.4.
Sovereignty Cases
202
12.5.
Secured Credit Cases
202
12.6.
Bankruptcy Interests
206
12.7.
Summary
207
13.
Learning from Amici
210
13.1.
Contributions of Amici
211
13.2.
Court's Own Contribution
221
pt. IV
CONCLUSION
231
Appendix A
Supreme Court's Bankruptcy Cases
239
Appendix B
Available Papers of the Justices
242
Appendix C
References to the Hard Cases
245
Appendix D
Sources of the Court's Citations
246
Appendix E
Sources from the Solicitor General and Other Amici
247
Bibliography
249
Index
259