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Full-Text Articles in Law

19th Annual Conference On Legal Issues For Financial Institutions, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, M. Thurman Senn, Michael Whiteman, Garry Throckmorton, James H. Newberry, Benjamin Cowgill Jr., R. Gregg Hovious, Victor B. Maddox, S. Tracy Jefferson, J. Mark Grundy, Erin N. O'Daniel, Lea Pauley Goff, Walter R. Byrne, Debra K. Stamper, John T. Mcgarvey, J. Rick Jones May 1999

19th Annual Conference On Legal Issues For Financial Institutions, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, M. Thurman Senn, Michael Whiteman, Garry Throckmorton, James H. Newberry, Benjamin Cowgill Jr., R. Gregg Hovious, Victor B. Maddox, S. Tracy Jefferson, J. Mark Grundy, Erin N. O'Daniel, Lea Pauley Goff, Walter R. Byrne, Debra K. Stamper, John T. Mcgarvey, J. Rick Jones

Continuing Legal Education Materials

Materials from the 19th Annual Conference on Legal Issues For Financial Institutions held by UK/CLE in May 1999.


Roundtable Discussion, David Aronofsky, Barry S. Engel, Eric Henzy, Gideon Rothschild, Jeffrey A. Schoenblum May 1999

Roundtable Discussion, David Aronofsky, Barry S. Engel, Eric Henzy, Gideon Rothschild, Jeffrey A. Schoenblum

Vanderbilt Journal of Transnational Law

Welcome to the Roundtable panel discussion. Each of the speakers is going to open with a few minutes statement. And then we're going to pose some questions to open discussion, so it will take people through the whole asset protection route from beginning to end, hopefully. And then, any questions you may have we believe we'll have sufficient time to ask those questions and have them answered. You may get very different views. And then we've just decided that the jury will decide whether asset protection trusts are a good thing or a bad thing. Okay. So pay attention.


Once Is Not Enough: Preserving Consumers' Rights To Bankruptcy Protection, Susan L. Dejarnatt Apr 1999

Once Is Not Enough: Preserving Consumers' Rights To Bankruptcy Protection, Susan L. Dejarnatt

Indiana Law Journal

No abstract provided.


The Law-And-Markets Movement , Michael Abramowicz Jan 1999

The Law-And-Markets Movement , Michael Abramowicz

American University Law Review

No abstract provided.


Failure And Forgiveness: A Review, James J. White Jan 1999

Failure And Forgiveness: A Review, James J. White

Reviews

In Failure and Forgiveness, Professor Karen Gross has written two books about bankruptcy. The first book, found in the first nine chapters, describes the bankruptcy law, the bankruptcy system, its operation, and the policies that support that law and system. This first book is written for a lay audience, and it is an admirable exposition of the law and policy. The second book, chapters ten to fifteen, contains several proposals for change in the bankruptcy law and states arguments to justify those proposals. The second book shows Professor Gross to be a kindly socialist, deeply suspicious of free markets and …


Derivatives And Risk Framework, Ravichandra Vasant Kini Jan 1999

Derivatives And Risk Framework, Ravichandra Vasant Kini

LLM Theses and Essays

The purpose of this thesis is to explore the dynamics of the fast-growing international financial markets and to study in particular the risks associated with the different kinds of financial instruments. The Barrings Bank Crisis, Proctor and Gamble, Gibson Greetings cases against Bankers Trust, and the Orange County Bankruptcy has prompted regulatory authorities to focus on the risks involved in the derivatives markets. In this paper, the first chapter explains the basic working of the different kinds of derivative instruments especially concentrating on Swaps, Futures, and Options. The second chapter goes on to explain, the risks involved in the uses …


Taking Future Claims Seriously: Future Claims And Successor Liability In Bankruptcy, Frederick Tung Jan 1999

Taking Future Claims Seriously: Future Claims And Successor Liability In Bankruptcy, Frederick Tung

Faculty Scholarship

Treatment of contingent tort liabilities when a business is sold presents a particular challenge for corporate and bankruptcy law. In this article, I focus on the precarious position of future tort claimants-those who may be harmed by a manufacturer's defective product after the manufacturer has sold its business and disappeared. By the time the future claimant's injury occurs, she may be left with no means of recovery. While the article focuses primarily on the bankruptcy sale context, a discussion of the nonbankruptcy context provides important background.

In the article, I make two claims. First, I address recent proposals suggesting that …