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36 S. Ill. U. L.J. [i] (2011-2012)

handle is hein.journals/siulj36 and id is 1 raw text is: SOUTHERN ILLINOIS UNIVERSITY LAW JOURNAL Volume 36 Fall 2011 ARTICLES WAR AS METAPHOR AND THE RULE OF LAW IN CRISIS: THE LESSONS WE SHOULD HAVE LEARNED FROM THE WAR ON DRUGS Susan P. Stuart .............1......................... Any number of public policy debates have been framed in terms of metaphorical war, none longer or as expensive as the War on Drugs. This Article explores the very real harms in militarizing public policy debates by examining a small slice of the War on Drugs, that part of the War waged in schools. Dangerous and violent rhetoric spurred the public to engage in this War, which eventually targeted children as the enemy. As a consequence of that rhetoric, Congress spent billions of dollars on useless strategies while courts suspended children's civil rights. Throughout all this, we failed to examine the ethical obligations we undertake when we engage in war, even if metaphorically. Today, politicians and pundits try to evade responsibility for using rhetoric by claiming they are only talking in metaphors. However, the Culture War they are waging has become so much less metaphorical and more literal than even the War on Drugs became. The abstract is becoming real, and we need to have a better understanding of the natural consequences of what we say, especially as the two sides in the war struggle for control over the rule of law. RUNNING ON EMPTY: MUNICIPAL INSOLVENCY AND REJECTION OF COLLECTIVE BARGAINING AGREEMENTS IN CHAPTER 9 BANKRUPTCY Richard W Trotter . ........................ .......... 45 This Article conducts an in-depth analysis of the facts and law surrounding the potential modification and rejection of collective bargaining agreements by municipal debtors in Chapter 9 bankruptcy. American municipal governments are in the midst of a widespread financial crisis. Many are facing enormous budget deficits in 2011 and beyond. As a result, the heretofore-unthinkable option of filing for bankruptcy protection pursuant to Chapter 9 of the Federal Bankruptcy Code is becoming increasingly viable. One of the most vital issues presented by this poorly understood chapter of the Bankruptcy Code is if and how would-be municipal debtors can modify and reject costly collective bargaining agreements with public employee labor unions. The Article concludes that the current state of the law surrounding these issues creates an incentive for would-be debtors to resort to filing for Chapter 9 as a means of readjusting their otherwise unsustainable public labor obligations.

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