An Empirical Analysis of Bankruptcy Certiorari

34 Pages Posted: 14 Aug 2013

See all articles by Robert M. Lawless

Robert M. Lawless

University of Illinois College of Law

Date Written: 1997

Abstract

This article analyzes data from every certiorari petition involving either a bankruptcy case or an issue of bankruptcy law since the Bankruptcy Code's 1978 enactment. In bankruptcy cases, the certiorari process has favored governmental and institutional litigants. The statistical result is extremely robust and significant when subjected to regression analysis. For state governments and institutional litigants, no satisfactory, neutral explanation can be offered for this apparent bias. These results were consistent with other scholarship that demonstrated the increased likelihood of a governmental petitioner being granted cert. The finding for institutional litigants is new. We were not able to duplicate results showing that the presence of a governmental respondent made certiorari more likely.

Keywords: bankruptcy

JEL Classification: K00

Suggested Citation

Lawless, Robert M., An Empirical Analysis of Bankruptcy Certiorari (1997). Missouri Law Review, Vol. 62, No. 101, 1997. Available at SSRN: https://ssrn.com/abstract=2309616

Robert M. Lawless (Contact Author)

University of Illinois College of Law ( email )

504 E. Pennsylvania Avenue
Champaign, IL 61820
United States

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