10

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Justice Assignment

For each assignment in business law, students should utilize the IRAC method.Introduce the concepts from a particular week, state theRule of law making sure to include all elements of any law,Analyze the problem using both the facts of the case and the rule of law and finally make aConclusion on the problem that week.

As you learned this week, the bankruptcy code is vast and it can be widely interpreted. Sometimes provisions within the constitutions itself can create conflict in applying the bankruptcy code, especially to state agencies that may assert state's right under sovereign immunity. In 2006 the Supreme Court of the United States (SCOTUS) decided in Central Va. Community College v. Katz by a narrow margin of 5-4 that the state's sovereign immunity did not superseded the intent of the bankruptcy code. Therefore, a state agency cannot use sovereign immunity as a defense from being sued by an individual due to the responsibilities in the bankruptcy code.

In your assignment this week please explain why the court got this correct AND explain why the court was wrong. Lastly, if you were the 10th justice how would you vote and why?

This link should provide you with details on the case:https://www.oyez.org/cases/2005/04-885

Click on the left hand side under "Opinions" for full details.