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Bankruptcy and the U.S. Supreme Court / Ronald J. Mann.
Mann, Ronald J., 1961- author.
2017
KF1524 .M269 2017 (Map It)
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Author
Mann, Ronald J., 1961- author.
Title
Bankruptcy and the U.S. Supreme Court / Ronald J. Mann.
Published
New York, NY : Cambridge University Press, 2017.
Call Number
KF1524 .M269 2017
ISBN
9781107160187 (hardback)
1107160189 (hardback)
9781316613238 (paperback)
1316613232 (paperback)
9781108166843 (PDF ebook)
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.
Bibliography, etc. Note
Includes bibliographical references (pages 249-258) and index.
Available in Other Form
ebook version : 9781108166843
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Variant Title
Bankruptcy and the US Supreme Court
Bankruptcy and the United States Supreme Court
Part I. Setting the stage
Literature review
Data and methods
Congress and the Bankruptcy Code of 1978
By the numbers
Part II. The hard cases
Section A. Missed opportunities : Congress, the Court, and the Bankruptcy clause
From Marathon to Wellness : assessing the "public(ity)" of the bankruptcy power
Sovereign immunity and the bankruptcy power : from Hoffman to Katz
Section B. interpretive strategy : the Court, the Solicitor General, and the code
Bankruptcy versus labor law : Bildisco
Bankruptcy versus environmental law : MidLantic
Bankruptcy versus criminal law : Kelly
Setting text against tradition : Ron Pair
Bankruptcy and state sovereignty : BFP
Part III. Amici and the Court
The Supreme Court, the Solicitor General, and statutory interpretation
Learning from amici
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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