Goodwill hunting; two judges valuing S&L 'accounting gimmick' set awards that vary by several hundred million dollars
Article Abstract:
Savings and loan associations continue to be guilty of dubious accounting even after the end of the savings and loan crisis of the 1980s. Two 1999 court rulings reveal a trouble defining what supervisory goodwill was worth to the thrifts. Judges in the two cases, Glendale Federal Bank v. United States and California Federal Bank v. United States, clearly perceived that goodwill was a valuable, and that the government felt they could count on that goodwill toward their regulatory capital when they took over the thrifts.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1999
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Opinions with style; scholar says Court has embraced O'Connor's 'minimalism.'
Article Abstract:
The article describes Cass Sunstein's book, "One Case at a Time: Judicial Minimalism on the Supreme Court," and argues that Justice Sandra Day O'Connor's style of judicial minimalism has become the style of the whole US Supreme Court. A minimalist's opinions have narrow holdings and shallow rationales, reaching their result by balancing the relevant factors and leaving questions about broaded social issues undecided for as long as possible, to promote democratic deliberation.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1999
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Laying the groundwork
Article Abstract:
Issues are discussed regarding the Supreme Court's federalism revival, an attempt to limit the scope of commerce clause power over the states and reintegrate sovereignty into the Constitution. This revival is sure to become an issue when the Senate considers the next appointments to the US Supreme Court.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 2000
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