Bankruptcy and the U.S. Supreme Court

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Bibliographic Information

Bankruptcy and the U.S. Supreme Court

Ronald J. Mann

Cambridge University Press, 2017

  • : hardback
  • : pbk

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Bankruptcy and the US Supreme Court

Bankruptcy and the United States Supreme Court

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Summary: "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

Includes bibliographical references (p. 249-258) and index

Description and Table of Contents

Description

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.

Table of Contents

  • 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.

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