Professor Ayer Authors Commentary for Bankruptcy Reporter
Professor John D. "Jack" Ayer has authored a commentary for Bloomberg BNA's Bankruptcy Reporter. In his contribution to the "BNA Insights" column, published January 23, Professor Ayer writes about the attitudes of judges regarding cases in which their decisions are reversed on appeal. Ayer, a former bankruptcy judge, writes that while many take pride in having a low reversal rate, it isn't necessarily something to brag about.
"I suspect that underneath the pride about low reversals is a flawed but fatal premise about the job of judging: the premise that the judge has to get it right every time," writes Ayer. "The thing is, the judge can't hope to get it right every time. It's not in her gift, at least not on this side of the grave. The best she can hope for is to give it her best shot. Indeed, that is why we have appellate courts-not because she might be wrong, but because everyone knows she cannot always be right."
John D. Ayer is a professor emeritus at the UC Davis School of Law and an expert in bankruptcy law.