Bankruptcy and the U.S. Supreme Court - Mann, Ronald J.

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Résumé :
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....

Biographie:
Ronald J. Mann has been a commercial law professor at Columbia University, New York for the last ten years. Previously he has taught at the University of Texas, the University of Michigan, and Washington University, St Louis. He has also argued bankruptcy cases in the Supreme Court while working in the Office of the Solicitor General, and he has clerked for Justice Powell on the United States Supreme Court.

Sommaire:
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.