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Maine Law Magazine - Issue No. 78, University Of Maine School Of Law

Maine Law Magazine

• Feature Article: Maine’s Law Schools
• Commencement 2002
• Around Campus
• Faculty News
• Focus on Faculty: Professor Orlando Delogu
• Focus on Alums: John H. Montgomery III ‘77
• Focus on Alums: Three Alums Find Publishing Success
• Alumni/ae News

The Effect Of Bankruptcy Upon A Firm Using Patents And Trademarks As Collateral, Lois R. Lupica

Faculty Publications

The Bankruptcy Code sets forth an orderly process for the distribution of a debtor-in-bankruptcy's assets. This process has the effect of altering many of the procedural and substantive rights and obligations of the debtor, as well as of the debtor's creditors. Parties asserting a property interest in assets of a debtor in bankruptcy, however, must rely on nonbankruptcy law to determine the nature and extent of their property interests. The most commonly asserted interest by creditors involved in a bankruptcy are security interests.

Maine Law Magazine - Issue No. 77, University Of Maine School Of Law

Maine Law Magazine

• Feature article: The Nineties-A Decade of Quiet Change
• New Law School Foundation
• Around Campus
• Faculty News
• Alumni News

Interspousal Tort Immunity And Insurance "Family Member Exclusions": Shared Assumptions, Relational And Liberal Feminist Challenges, Jennifer Wriggins

Faculty Publications

Interspousal tort immunity persists de facto through the mechanism of private insurance, the article explains. Although interspousal tort immunity has been eliminated as a doctrinal matter, it endures as a reality. Liability insurance is inseparable from tort liability and drives the tort litigation system in this as well as other contexts. The insurance family member exclusion and the insurance intentional acts exclusion operate together to ensure that interspousal tort claims such as domestic violence tort claims will not be brought. These are reasonably considered to be gender-specific harms and the exclusion of them from tort compensation is a failing of …

Revised Article 9, The Proposed Bankruptcy Code Amendments And Securitizing Debtors And Their Creditors, Lois R. Lupica

Faculty Publications

The new provisions in Revised Article 9 both reflects the drafters’ decision to enhance secured creditors’ rights, but also includes myriad provisions designed to facilitate securitization transactions. Because bankruptcy law looks to state law (specifically Article 9) to determine the rights of creditors and transferees with respect to personal property, changes to Article 9 are in effect, changes to bankruptcy law. The question raised by the changes to Article 9 is whether these changes are consistent with our historical understanding of bankruptcy policy.