PHILADELPHIA - Does the U.S. Supreme Court under Chief Justice John G. Roberts Jr. engage in judicial activism? Yes, according to a reporter who has covered the high court for more than 50 years. But, he says, that's not a negative quality, or unusual... Read More
Since the Supreme Court dropped its constitutional bombshell on the bankruptcy system last week in Stern v. Marshall , 2011 U.S. LEXIS 4791 (2011) (aka Anna Nicole Smith II), [ enhanced version available to lexis.comsubscribers / unenhanced version available... Read More
In my last post , I posited whether the Court's decision in Stern v. Marshall would be a bombshell or a dud. It certainly was no dud. And after reading the 5-4 opinion, I'd say that it's a bombshell in several respects, both from a bankruptcy... Read More
In this Emerging Issues Analysis, Professor Kenneth N. Klee examines the Supreme Court's decision in Stern v. Marshall , 564 U.S. _____, 131 S. Ct. _____, 2011 U.S. LEXIS 4791 (2011), in which the Court struck down as unconstitutional 28 U.S.C. §... Read More