Author ORCID Identifier

0000-0003-1795-7143

Document Type

Article

Publication Date

2024

Keywords

Anna Nicole Smith, Estates law, Federal jurisdiction, Bankruptcy, Probate exception

Abstract

This Essay examines Anna Nicole's surprising constitutional estates legacy in three parts. First, it overviews the bitter litigation between Anna Nicole and the estate of J. Howard Marshall II. It then turns to the pair of Supreme Court cases spawned by that litigation. Part II discusses the holding and significance of Marshall v. Marshall, a successful challenge to the scope of the wills exception to federal jurisdiction. Part III dis­cusses the holding and significance of Stern v. Marshall, which held that Article I bankruptcy judges cannot enter final judgments on state law counterclaims. In its Conclusion, the Essay reflects on the contrast between Anna Nicole's absence from cultural memory with the impact left by the cases she litigated.

First Page

17

Publication Title

ACTEC Law Journal

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