NJCHS Announcement: Appointment of Judge Scott C. Clarkson as Guest Editor
The Ninth Judicial Circuit Historical Society and Editor in Chief 9th Circuit Judge Michael Daly Hawkins are pleased to announce that the Honorable Scott C. Clarkson, United States Bankruptcy Judge for the Central District of California, has been named as the Guest Editor of the 2026 edition of Western Legal History, the journal published by the Ninth Judicial Circuit Historical Society.
The 2026 volume will be devoted entirely to the modern history and legal significance of American bankruptcy law from 1970 to the present. Over this period, bankruptcy law has experienced transformative developments, including the enactment of the Bankruptcy Reform Act of 1978, the evolution of Chapter 12 for family farmers, the emergence of Subchapter V for small businesses, and the rise of mass-tort bankruptcies. The edition will also address constitutional questions of federal jurisdiction and Article III authority, as well as the ongoing role of bankruptcy law in shaping American economic life.
Judge Clarkson has served on the bankruptcy bench for more than fifteen years. His professional background includes prior service as a practicing bankruptcy attorney and direct congressional involvement in the development of the 1978 Bankruptcy Code. In assuming the role of Guest Editor, Judge Clarkson has articulated a commitment to curating a volume that is both scholarly and practical, drawing upon contributions from leading academics, jurists, and practitioners nationwide.
The edition will feature articles by distinguished authors such as Judge Geraldine Mund (Central Dist. CA), Professor Douglas Baird (University of Chicago Law School), Professor Bruce Markell (Northwestern Pritzker School of Law), Professor Jared Mayer (Benjamin N. Cardozo School of Law), Professor Bruce Grohsal (Widener University, Delaware Law School), Judge Elizabeth Gunn (D.C.), Judge Robert Jacobvitz (N.M.), Judge Benjamin P. Hursh (District of Montana), Professor Nancy B. Rapoport (UNLV Distinguished Professor, Garman Turner Gordon Professor of Law, William S. Boyd School of Law), and others. Subjects to be addressed include the history of the 1978 Bankruptcy Code, the Marathon jurisdictional decision, the history of the National Conference of Bankruptcy Judges, the role of bankruptcy appellate panels, corporate reorganization development, third-party releases, the oral history of one of the leading drafters of the 1978 bankruptcy legislation, Richard B. Levin, and the significant impact of bankruptcy law on the health care industry.
In a statement accompanying his editorial declaration of intent, Judge Clarkson noted that the project is intended to produce “a landmark volume that continues enhancement of the Journal’s stature for years to come” and that will serve as a “reference point and a touchstone in the academic literature of the field”.
Central District Chief Judge Julia Brand, speaking on behalf of the Bankruptcy Court, remarked: “Judge Clarkson’s appointment as Guest Editor is a recognition not only of his deep expertise in bankruptcy law, but also of his dedication to advancing the historical and scholarly understanding of this vital field. The Central District of California is honored that one of our colleagues will play such a central role in shaping a volume that will inform judges, lawyers, and scholars for years to come.”
The Ninth Judicial Circuit Historical Society and the Western Legal History journal anticipate publication of this special issue in late Spring 2026, with wide distribution to courts, libraries, academic institutions, and members of the bankruptcy bench and bar.