LAWRENCE — Stephen Ware, professor of law at the University of Kansas, is available to speak with media about the U.S. Supreme Court ruling today on Executive Benefits Insurance Agency v. Arkison, 12-1200, a bankruptcy case relating to the Constitution’s requirement that some matters be decided by judges with life tenure, which bankruptcy judges lack.
Ware is an expert in bankruptcy law, judicial selection and alternative dispute resolution. His scholarship has been cited by the Supreme Court and in at least 20 other cases. He is the author of two books and more than 30 scholarly articles, and he has testified before both houses of Congress and in court as an expert witness. He has appeared several times on television and radio, and he has been quoted on bankruptcy law in The New York Times and other publications. He coaches the KU Law bankruptcy moot court team as well as teaching all of the law school's courses in bankruptcy and debtor-creditor law.
The Supreme Court ruled unanimously that although bankruptcy judges lack life tenure, they may rule on matters the Constitution otherwise reserved for life-tenured judges if the parties consent to the bankruptcy judge having that power or if the bankruptcy judge proposes a ruling and a life-tenured judge reviews that proposal anew. Ware can explain the ruling and comment on its implications.