Alito's Bankruptcy Jurisprudence:
Nathalie Martin, the American Bankruptcy Institute's Resident Scholar, has just released an extensive analysis of Judge Alito's bankruptcy jurisprudence. The essay also has some analysis of Alito's statutory interpretation methodology as well. (link)
Brian G (mail) (www):She is a fine Professor. I learned Contracts from her. I look forward to reading this.
11.23.2005 10:53am
(link)
Max Tucker (mail):I was disappointed that Professor Martin incorrectly characterized Judge Alito as the "sole dissenter" in the Continental Airlines case. The opinion, at 91 F.3d at 567 reports that Alito was joined in his dissent by 5 other judges. Thus the 3rd Circuit, en banc, split 7-6 on whether to adopt the curious doctrine of equitable mootness. Judge Alito's dissent focuses the debate on an issue that has been glossed over by other circuit court opinions (and presumably in the briefs filed in those circuits); that is, under what authority may a Article III Circuit Court decline to exercise its statutory jurisdiction, and thereby deny review of "live" controversies, based upon a rather amorphous balancing of the equities test. I submit his dissent in Continental suggest a healthy skepticism may be forthcoming of some of the equitable doctrines currently in vogue in bankruptcy related disputes.
11.28.2005 2:18pm
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