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This article seeks to resolve the conflict in the circuits and argues that bankruptcy court judgments should not bar the assertion of non-core claims because to do so violates the basic principles of res judicata and threatens to undermine fundamental Article III values or create judicial...
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Judicial decisions in bankruptcy are often influenced by the goal to preserve employment in financially distressed firms. What are the effects of these pro-labor decisions on workers' earnings and employment trajectories? We construct a new court-level measure of pro-labor bias based on the text...
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Although federal courts have exclusive jurisdiction over bankruptcy cases, once a petition is filed the matter is referred to the Bankruptcy Court, an Article One court of limited jurisdiction and limited judicial independence. Among proceedings the Bankruptcy court can adjudicate are core...
Persistent link: https://www.econbiz.de/10013145925
This article analyzes the individual cases reviewed by the Supreme Court under the tutelage of Chief Justice William Rehnquist by homing in on some of the issues unique to each case and identifying recurring themes. These individual cases are then viewed in light of what they reveal about the...
Persistent link: https://www.econbiz.de/10013077139
companies in financial difficulty. Judicial reorganization has been created as a legal tool for traders in insolvency but whose …, the proposed legislative amendments do not respond to the criticism of the insolvency practitioners regarding the adoption …
Persistent link: https://www.econbiz.de/10012793449