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Full-Text Articles in Law
A Sea Change In Creditor Priorities, Kristen Van De Biezenbos
A Sea Change In Creditor Priorities, Kristen Van De Biezenbos
University of Michigan Journal of Law Reform
This Article argues that the operation of maritime law undermines a primary justification for creditor priorities under U.S. law. Under current law, when a debtor becomes insolvent, its secured creditors will be paid the full amount of their debt to the extent of their security interest, even if that leaves nothing to pay unsecured creditors. This is controversial with respect to involuntary unsecured creditors, particularly those with tort claims against the debtor. Defenders of this scheme of priorities have argued that allowing greater priority to involuntary creditors would hinder the availability or increase the cost of credit. However, involuntary creditors …
The Genie And The Bottle: Collateral Sources Under The September 11th Victim Compensation Fund, Kenneth S. Abraham, Kyle D. Logue
The Genie And The Bottle: Collateral Sources Under The September 11th Victim Compensation Fund, Kenneth S. Abraham, Kyle D. Logue
Articles
The September 11th Victim Compensation Fund of 2001 (the Fund) was part of legislation enacted just eleven days after the terrorist attacks of September 11th in the wake of extraordinary national loss. It is possible, therefore, that the Fund will always be considered an urgent and unique response to the unprecedented events of September 11th. On that view, the character of the Fund will have little longterm policy significance. It is equally possible, however, that the enactment of the Fund will prove to be a seminal moment in the history of tort and compensation law. The Fund adopts a new …
Municipal Corporations- Tort Immunity - Liability For Personal Injuries Caused By Nuisance Maintained By City, James Hourihan
Municipal Corporations- Tort Immunity - Liability For Personal Injuries Caused By Nuisance Maintained By City, James Hourihan
Michigan Law Review
Plaintiff, while in the bathhouse of a municipally owned and operated swimming pool, was injured by a shock received from an electric hair dryer. In sustaining plaintiff's claim against the city for damages, the trial court recognized liability for personal injuries caused by a nuisance created and maintained by a city as an exception to the common law doctrine of municipal immunity from tort liability. On appeal, held, reversed. The nuisance exception from a municipality's common law immunity extends only to injuries to real property occasioned by a municipally created and maintained nuisance. City of Decatur v. Parham, …
Municipal Corporations - Tort Liability - Duty To Protect Police Informer, Cyril Moscow
Municipal Corporations - Tort Liability - Duty To Protect Police Informer, Cyril Moscow
Michigan Law Review
Decedent furnished information leading to the arrest of the notorious "Willie the Actor" Sutton. The police, after being notified of anonymous threats to decedent's person, furnished protection, which was later withdrawn. Soon afterwards, decedent was murdered by unknown assailants. Decedent's administrator brought this action to recover damages for his death, claiming that there was a failure to provide adequate police protection. The trial court dismissed the action. On appeal, held, affirmed per curiam, one justice dissenting. As a member of the general public, no duty of special protection was owed the decedent. Even assuming such a duty existed, it …
Municipal Corporations - Tort Liability - Purchase Of Liability Insurance As Waiver Of Immunity, Alice Austin S.Ed., William C. Becker
Municipal Corporations - Tort Liability - Purchase Of Liability Insurance As Waiver Of Immunity, Alice Austin S.Ed., William C. Becker
Michigan Law Review
According to a well-established common law rule, a municipal corporation is immune to tort liability for wrongs committed in the performance of governmental or public functions, although it is liable for torts committed in the performance of corporate or proprietary functions. This immunity generally cannot be waived without the authorization of the state legislature, and this authorization must be very clearly stated. Interesting questions arise, therefore, when a municipality, with or without statutory authorization, takes out a liability insurance policy covering itself or its agents, or when it causes its agents to take out bonds for faithful performance. The questions …
United States - Government Corporations - Immunity From Suit, John H. Uhl
United States - Government Corporations - Immunity From Suit, John H. Uhl
Michigan Law Review
The Emergency Relief and Construction Act, passed by Congress in 1932, authorized the Reconstruction Finance Corporation to create regional agricultural corporations, but did not expressly provide that such corporations might sue and be sued. However, Congress had made express provision to this effect with respect to the R. F. C. itself. The Regional Agricultural Credit Corporation of Sioux City, Iowa, was chartered by the R. F. C. in accordance with the statute. The plaintiff brought this action to recover damages for injuries to livestock alleged to have resulted from the negligence of the Regional Corporation in not providing proper care …