Washington University Law Quarterly
Professor Gross' proposal to take community interests into account in bankruptcy is reminiscent of the proposal to bell the cat. Both suggestions present a solution on the theoretical level, but both are certain to fail in their application because they do not consider present realities. The community interest argument fails on three fronts: definition, application, and the role of the decisionmaker. After a short illustration, each shortcoming will be addressed in turn.
Barry S. Schermer,
Response to Professor Gross: Taking the Interests of the Community into Account in Bankruptcy—A Modern-Day Tale of Belling the Cat,
72 Wash. U. L. Q. 1049
Available at: http://openscholarship.wustl.edu/law_lawreview/vol72/iss3/21