Bankruptcy and the U.S. Supreme Court
Cambridge University Press, 6/1/2017
EAN 9781316613238, ISBN10: 1316613232
Paperback, 288 pages, 22.8 x 15.2 x 1.5 cm
Language: English
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
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.