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Full-Text Articles in Law
One Dollar, One Vote: Mark-To-Market Governance In Bankruptcy, Edward J. Janger, Adam J. Levitan
One Dollar, One Vote: Mark-To-Market Governance In Bankruptcy, Edward J. Janger, Adam J. Levitan
Faculty Scholarship
No abstract provided.
The Creditors' Bargain Reconstituted: Comments On Barry Adler's The Creditors' Bargain Revisited, Edward J. Janger
The Creditors' Bargain Reconstituted: Comments On Barry Adler's The Creditors' Bargain Revisited, Edward J. Janger
Faculty Scholarship
No abstract provided.
America Is Selling Its Seniors Short, Constantine N. Katsoris
America Is Selling Its Seniors Short, Constantine N. Katsoris
Faculty Scholarship
No abstract provided.
Manipulating Random Assignment: Evidence From Consumer Bankruptcies In The Nation's Largest Cities, Edward R. Morrison, Belisa Pang, Jonathon Zytnick
Manipulating Random Assignment: Evidence From Consumer Bankruptcies In The Nation's Largest Cities, Edward R. Morrison, Belisa Pang, Jonathon Zytnick
Faculty Scholarship
Random case assignment is thought to be an important feature of decision-making in federal courts because it helps guard against favoritism (actual or perceived) toward particular parties or types of cases. In bankruptcy courts, cases are randomly assigned to both judges and trustees. In Chapter 7 cases, for example, the trustee is a quasi-judicial actor, typically a private-sector lawyer, who has been selected to audit the debtor's finances, find and liquidate assets, and police compliance with the law. We study three major bankruptcy jurisdictions (covering Chicago, Los Angeles, and parts of New York) and find that the random-assignment process for …
Reforming Institutions: The Judicial Function In Bankruptcy And Public Law Litigation, Kathleen G. Noonan, Jonathan C. Lipson, William H. Simon
Reforming Institutions: The Judicial Function In Bankruptcy And Public Law Litigation, Kathleen G. Noonan, Jonathan C. Lipson, William H. Simon
Faculty Scholarship
Public law litigation (PLL) is among the most important and controversial types of dispute that courts face. These civil class actions seek to reform public agencies such as police departments, prison systems, and child welfare agencies that have failed to meet basic statutory or constitutional obligations. They are controversial because critics assume that judicial intervention is categorically undemocratic or beyond judicial expertise.
This Article reveals flaws in these criticisms by comparing the judicial function in PLL to that in corporate bankruptcy, where the value and legitimacy of judicial intervention are better understood and more accepted. Our comparison shows that judicial …