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Racialized Bankruptcy Federalism
- Author(s):
- Rafael Pardo
- Date:
- 2021
- Group(s):
- Michigan State Law Review
- Subject(s):
- Law, Bankruptcy, Federal government, Race relations
- Item Type:
- Article
- Permanent URL:
- https://doi.org/10.17613/ggja-yz68
- Abstract:
- Notwithstanding the robust national power conferred by the U.S. Constitution’s Bankruptcy Clause, the design and administration of federal bankruptcy law entails choices about the extent to which nonbankruptcy-law entitlements will remain undisplaced. When such entitlements sound in domestic nonfederal law (i.e., state or local law), displacing them triggers federalism concerns. Considerations regarding the relationship between the federal government and the nation’s smaller political subdivisions might warrant preserving nonfederal-law entitlements even though their displacement would be authorized pursuant to the bankruptcy power. But such considerations might also suggest replacing those entitlements with bankruptcyspecific ones. Some scholarship has theorized about the principles that should govern the balancing of bankruptcy federalism concerns, though without considering the implications of race. Other scholarship has critically examined how federal bankruptcy law, which is facially neutral, has nevertheless been designed and administered in ways that are racially biased, though without considering the implications of federalism.
- Metadata:
- xml
- Published as:
- Journal article
- Status:
- Published
- Last Updated:
- 12 months ago
- License:
- Attribution
- Share this:
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law-review-2021.5-01-pardo.pdf