Whether a right to payment is a “claim” is one of the most important determinations in bankruptcy because only “claims” are subject to the bankruptcy process, including the all-important automatic stay and discharge provisions. The Bankruptcy Code (“Code”) provides a definition of claim in § 101(5), but courts have differed greatly in what “rights to payment” are covered by that definition. For twenty-six years, the Third...
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Under the Freedom of Information Act (FOIA), individuals can request certain agency records, including mug shots, from federal agencies. Until 1996, the policy of the United States Marshals Service (USMS) was to use FOIA’s broad law enforcement exemption, Exemption 7(C), to deny requests for mug shots. However, in 1996, the Sixth Circuit in Detroit Free Press v. Department of Justice found that a mug shot does not implicate...
The scope of the President’s legal authority is determined in part by historical practice. This Essay aims to better understand how such practice-based law might operate as a constraint on the presidency. In part because of the limited availability of judicial review in this area, some commentators have suggested that presidential authority has become “unbounded” by law and is now governed only or primarily by politics. At the same...