Judging Business Judgment: The Federal Common Law of Bankruptcy Transactions in Chapter 11
By Dolan Bortner (Stanford Law School) When a federal judge encounters a statutory gap too wide to fill through ordinary statutory interpretation, should she borrow state law or make her own rule? The Supreme Court instructs judges to err on the former side, weighing the preservation of otherwise-applicable state law against federal needs that might […]
By Dolan Bortner (Stanford Law School) When a federal judge encounters a statutory gap too wide to fill through ordinary statutory interpretation, should she borrow state law or make her own rule? The Supreme Court instructs judges to err on the former side, weighing the preservation of otherwise-applicable state law against federal needs that might […]
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