The Court and the corporation: jurisprudence, localism and federalism

Article Abstract:

US corporate law was born in the interaction between localism in commerce and federalism in US Supreme Court judicial thought. Early Americans distrusted central authority and thought corporations were local entities. Early Supreme Court decisions, especially those by Chief Justice John Marshall, created a uniform approach to chartering corporations and aimed to establish a healthy national economy.

Cases, Federalism, History, Corporation law, Jurisprudence

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Standing apart to be a part: the precedential value of Supreme Court concurring opinions

Article Abstract:

A two-step inquiry process, separating US Supreme Court concurrences in judgment from the simple concurrences written by a majority member, would enable lower courts to determine the precedential value of the simple concurrences. This inquiry process would provide clarity when granting precedential weight to simple concurrences that advocating an alternative view to the majority's case opinion.

Judicial opinions

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The precedential effect of bankruptcy appellate panel decisions

Article Abstract:

Complex bankruptcy appellate procedure has not led to judicial consensus regarding the precedential value of the Bankruptcy Appellate Panels. The panels were created in each of the US Circuit Courts of Appeals by amendments to the US Bankruptcy Code in 1994. Uniformity in bankruptcy law requires that action be taken to harmonize and rationalize the appellate system.

Laws, regulations and rules, Influence, Appellate procedure, Appeals (Law), Bankruptcy courts, Appellate courts

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