Alternate Title
Defining the Relationship Between Municipal Bankruptcy and Modern Federalism Jurisprudence
Keywords
Municipal Bankruptcy, Federalism, Chapter 9, Reform, Anti-Commandeering Doctrine, Anti-Coercion Doctrine, Clear Statement Rule, COVID-19 Pandemic, Healthcare Industry, Bankruptcy Courts, Separation of Powers, State Sovereignty, Fiscal Crises, Municipal Governance, Major Questions Doctrine, Judicial Discretion, Resource Adjustments, Municipal Insolvency
Abstract
This article delves into the relationship between municipal bankruptcy law and modern federalism jurisprudence, particularly focusing on Chapter 9 reform proposals and its constitutional implications. Against the backdrop of the COVID-19 pandemic's economic challenges, the article explores the historical context of municipal bankruptcy, critiques of Chapter 9's limitations, and proposals for empowering bankruptcy courts. It analyzes key doctrines of federalism such as the Anti-Commandeering and Anti-Coercion Doctrines, as well as the Clear Statement Rule, to evaluate the constitutionality of expanding bankruptcy courts' powers. The article navigates through scholarly debates, proposing a nuanced perspective on the role of federalism, state sovereignty, and the separation of powers in addressing municipal fiscal crises and the restructuring of local governance.
Recommended Citation
John Allen Livingston, Defining the Relationship Between Municipal Bankruptcy and Modern Federalism Jurisprudence, 18 FIU L. Rev. 879 (2024), https://doi.org/10.25148/lawrev.18.4.13.
