Abstract
In this article Professor Janger challenges widely held beliefs about the relationship between judicial competence and statutory drafting strategies as they apply to the Bankruptcy Code. The stakes are high because bankruptcy reform is on the horizon, and both Congress and law and economics scholars frequently cite the limited capacity of bankruptcy judges as a principal basis for limiting the goals of bankruptcy law and curbing judicial discretion. Janger argues that the advocates of statutory precision often misunderstand the relevance of judicial competence to the choice between crystalline and muddy statutory drafting strategies (often referred to as "rules" and "standards"), and fail to appreciate the particular benefits of muddy standards in bankruptcy.
How to Cite
43 Ariz. L. Rev. 559 (2001)
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