Constitutional Law
Sep. 29, 2021
‘Too Big to Fail’ — The Sequel
During the period sometimes referred to as the Great Recession of 2007-09, the United States government became convinced that — without government intervention — both Chrysler and General Motors would go out of business and that they were “too big to fail.”





Michael M. Berger
Senior Counsel
Manatt, Phelps & Phillips LLP
2049 Century Park East
Los Angeles , CA 90067
Phone: (310) 312-4185
Fax: (310) 996-6968
Email: mmberger@manatt.com
USC Law School
Michael M. Berger is senior counsel at Manatt, Phelps & Phillips LLP, where he is co-chair of the Appellate Practice Group. He has argued four takings cases in the U.S. Supreme Court.
During the period sometimes referred to as the Great Recession of 2007-09, the United States government became convinced that -- without government intervention -- both Chrysler and General Motors would go out of business and that they were "too big to fail." Thus, the government created a plan to save those companies, purportedly for the greater good of the general public. Part of that plan required the confiscation from individual auto dealerships...
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