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Articles 1 - 10 of 10
Full-Text Articles in Social and Behavioral Sciences
Rethinking Antebellum Bankruptcy, Rafael I. Pardo
Rethinking Antebellum Bankruptcy, Rafael I. Pardo
Scholarship@WashULaw
Bankruptcy law has been repeatedly reinvented over time in response to changing circumstances. The Bankruptcy Act of 1841—passed by Congress to address the financial ruin caused by the Panic of 1837—constituted a revolutionary break from its immediate predecessor, the Bankruptcy Act of 1800, which was the nation’s first bankruptcy statute. Although Congress repealed the 1841 Act in 1843, the legislation lasted significantly longer than recognized by scholars. The repeal legislation permitted pending bankruptcy cases to be finally resolved pursuant to the Act’s terms. Because debtors flooded the judicially understaffed 1841 Act system with over 46,000 cases, the Act’s administration continued …
Reverse Civic And Legal Exclusions For Persons With Criminal Charges And Convictions, Carrie Pettus-Davis, Matthew W. Epperson, Annie Grier
Reverse Civic And Legal Exclusions For Persons With Criminal Charges And Convictions, Carrie Pettus-Davis, Matthew W. Epperson, Annie Grier
Center for Social Development Research
This policy action statement was developed by members of the network engaged in the Grand Challenge to Promote Smart Decarceration. The Grand Challenges initiative’s policy action statements present proposals emerging from Social Innovation for America’s Renewal, a policy conference organized by the Center for Social Development at Washington University in collaboration with theAmerican Academy of Social Work & Social Welfare, which is leading the Grand Challenges for Social Work initiative to champion social progress through a national agenda powered by science.
Evicting Victims: Reforming St. Louis's Nuisance Ordinance For Survivors Of Domestic Violence, Nava Kantor, Molly W. Metzger
Evicting Victims: Reforming St. Louis's Nuisance Ordinance For Survivors Of Domestic Violence, Nava Kantor, Molly W. Metzger
Center for Social Development Research
Nuisance ordinances, established in municipalities nationwide to ostensibly protect the well-being of residents, threaten property owners with fines and jail time if they fail to abate a nuisance occurring on their property. Rather than promoting conflict resolution, such punitive consequences incentivize landlords to simply evict the tenants causing the nuisance. The enforcement of nuisance ordinances can have detrimental and disproportionate effects on already vulnerable populations, including tenants in domestic violence situations. The City of St. Louis employs a chronic nuisance ordinance, which is based in part on the number of police calls to a property. This ordinance can force survivors …
The Politics Of The American Policymaking System, Ian R. Turner
The Politics Of The American Policymaking System, Ian R. Turner
Arts & Sciences Electronic Theses and Dissertations
Most public policy is developed and implemented by the federal bureaucracy. The possibility of unelected bureaucrats subverting the wishes of popularly elected political principals threatens to sever democratic control of policy by the populace. Through a series of essays, this dissertation explores the opportunities and limitations of one form of bureaucratic control: ex post political oversight by a third-party. Through a series of formal models I illustrate how oversight, such as judicial or executive review of agency actions, structures the policymaking incentives of bureaucratic agencies. The way oversight affects agency behavior, in turn, structures incentives for political principals to design …
From Mass Incarceration To Smart Decarceration, Carrie Pettus-Davis, Matthew W. Epperson
From Mass Incarceration To Smart Decarceration, Carrie Pettus-Davis, Matthew W. Epperson
Center for Social Development Research
American Academy of Social Work and Social Welfare Grand Challenges Initiative Concept Paper
Rethinking The Principal-Agent Theory Of Judging, Rafael I. Pardo, Jonathan Remy Nash
Rethinking The Principal-Agent Theory Of Judging, Rafael I. Pardo, Jonathan Remy Nash
Scholarship@WashULaw
This Essay offers new insights into understanding the relationship between higher and lower courts and responds to the extant literature that has characterized the relationship as one involving a principal and an agent. We challenge the underpinnings of the principal-agent understanding of judicial hierarchies and identify problems with the theory’s applicability in this context. While principals ordinarily select their agents, higher court judges usually do not select lower court judges. Moreover, while lower court judges may cast votes with an eye to the possibility of elevation to a higher court, the higher court judges who review the lower court’s decisions …
The Structural Exceptionalism Of Bankruptcy Administration, Rafael I. Pardo, Kathryn A. Watts
The Structural Exceptionalism Of Bankruptcy Administration, Rafael I. Pardo, Kathryn A. Watts
Scholarship@WashULaw
The current system of administration of the Bankruptcy Code is highly anomalous. It stands as one of the few major federal civil statutory regimes administered almost exclusively through adjudication in the courts, not through a federal regulatory agency. This means that rather than fitting bankruptcy into a regulatory model, Congress has chosen to give the courts primary interpretive authority in the field of bankruptcy, delegating to courts the power to engage in residual policymaking. Although scholars have noted some narrow aspects of the structural exceptionalism of bankruptcy administration, Congress’s decision to locate responsibility for bankruptcy policymaking almost exclusively with the …
Does Ideology Matter In Bankruptcy? Voting Behavior On The Courts Of Appeals, Rafael I. Pardo, Jonathan Remy Nash
Does Ideology Matter In Bankruptcy? Voting Behavior On The Courts Of Appeals, Rafael I. Pardo, Jonathan Remy Nash
Scholarship@WashULaw
This Article empirically examines the question of whether courts of appeals judges cast ideological votes in the context of bankruptcy. The empirical study is unique insofar as it is the first to specifically examine the voting behavior of circuit court judges in bankruptcy cases. More importantly, it focuses on a particular type of dispute that arises in bankruptcy - debt-dischargeability determinations. The study implements this focused approach in order to reduce heterogeneity in result. We find, contrary to our hypotheses, no evidence that circuit court judges engage in ideological voting in bankruptcy cases. We do find, however, non-ideological factors - …
An Empirical Investigation Into Appellate Structure And The Perceived Quality Of Appellate Review, Rafael I. Pardo, Jonathan Remy Nash
An Empirical Investigation Into Appellate Structure And The Perceived Quality Of Appellate Review, Rafael I. Pardo, Jonathan Remy Nash
Scholarship@WashULaw
Commentators have theorized that several factors may improve the process, and thus perhaps the accuracy, of appellate review: (1) review by a panel of judges, (2) subject-matter expertise in the area of the appeal, (3) other law-finding ability, (4) adherence to traditional notions of appellate hierarchy, and (5) the judicial independence of appellate judges. The considerable discussion that has expounded upon these theories has occurred in a vacuum of abstract generalization. This Paper adds a new dimension by presenting results from an empirical study of bankruptcy appellate opinions issued over a three-year period. The federal bankruptcy appellate structure provides certain …
Eliminating The Judicial Function In Consumer Bankruptcy, Rafael I. Pardo
Eliminating The Judicial Function In Consumer Bankruptcy, Rafael I. Pardo
Scholarship@WashULaw
The centerpiece of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 has been the means test, a formulaic statutory directive pursuant to which courts are to presume abuse of the bankruptcy system by Chapter 7 debtors who have an ability to repay past debts with future income. This Essay provides a new insight into means testing by arguing that, more than anything else, it has brought about a significant change in the institutional design of bankruptcy courts: namely, the increased blurring of administrative and judicial functions. The Essay concludes that this development should be cause for concern as …