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2 results

  • 4 - A New Deal

  • Douglas G. Baird, University of Chicago
  • Book:
    The Unwritten Law of Corporate Reorganizations
    Published online:
    05 May 2022
    Print publication:
    26 May 2022, pp 63-90

  • Summary

    In the 1930s, a group of New Deal reformers joined the investment bankers and the credit men to refashion the bargaining environment once again. The consensus that emerged during this decade is the focus of the book’s fourth chapter. The New Deal reformers brought their own distinctive understanding of how judges were to oversee negotiations among creditors and their common debtor. They believed that judges had to take steps to ensure that, at every turn, the bargaining process did not slight the rights of passive investors who had neither the information nor the sophistication to bargain on equal terms with Wall Street insiders.

  • Chapter 14 - After the Storm: Personnel and Organization

  • from Section D: The New Constitutional Regime
  • Mark V. Tushnet, Harvard Law School, Massachusetts
  • Book:
    The Hughes Court
    Published online:
    13 January 2022
    Print publication:
    03 February 2022, pp 311-341

  • Summary

    The Court was transformed after 1937 in major part by FDR’s appointments, whose background and jurisprudence is described, as are their initial years on the Court, including an account of Black’s hyperattention to the possibility that the Court might be sliding back into older ways of thinking. The chapter also describes relations among the justices and the ways in which the Court gradually moved to a more bureaucratic organization.