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Full-Text Articles in Law
The Least “Constructive” Provisions?: Analyzing The Bankruptcy Code’S Codified Canons, Asher Hawkins
The Least “Constructive” Provisions?: Analyzing The Bankruptcy Code’S Codified Canons, Asher Hawkins
NYLS Law Review
No abstract provided.
Sec V. Byers, David M. Brown
In Re Davis, Adam Schlusselberg
Chip Away At The Stone: The Validity Of Pre-Bankruptcy Clauses Contracting Around Section 363 Of The Bankruptcy Code, Matthew P. Goren
Chip Away At The Stone: The Validity Of Pre-Bankruptcy Clauses Contracting Around Section 363 Of The Bankruptcy Code, Matthew P. Goren
NYLS Law Review
No abstract provided.
The New Textualism And The Rule Of Law Subtext In The Supreme Court's Bankruptcy Jurisprudence, Alan Schwartz
The New Textualism And The Rule Of Law Subtext In The Supreme Court's Bankruptcy Jurisprudence, Alan Schwartz
NYLS Law Review
The Supreme Court is thought to use a method of statutory interpretation called "the new textualism" when construing Federal Statutes, including the Bankruptcy Code. The new textualism, in brief, ties interpreters more closely to the text than more traditional interpretative methods. This Essay inquires into the justifications for the new textualism, but its primary goal is to argue that the Court prefers an important justification of this interpretative method to the method itself. The justification holds that interpretation should advance the rule of law virtues of certainty and predictability. A court that is committed to the new textualism would construe …