On Bankruptcy and Mediation
By: Donald L. Swanson The only things I know about Judge (now Justice) Neil Gorsuch are from what I’ve read in two contexts: His rating by the American Bar Association’s Standing Committee on the Federal Judiciary, which voted unanimously to give its best possible rating to Judge Gorsuch as a Supreme Court nominee; and Five... Continue Reading →
By: Donald L. Swanson “We are not final because we are infallible, but we are infallible only because we are final.” --From concurring opinion of U.S. Supreme Court Justice Robert H. Jackson, in Brown v. Allen, 344 U.S. 443 (1953), on role and function of the U.S. Supreme Court. Structured dismissals are [correction: were] a... Continue Reading →
By: Donald L. Swanson “I think it is unwise for the Court to decide” this issue because: (i) “Experience shows that we would greatly benefit from the view of additional courts of appeals on this question,” and (ii) “We also would have benefited from full, adversarial briefing.” --Justice Clarence Thomas, dissenting in Czyzewski v. Jevic... Continue Reading →
MEDIATBANKRY 