Law Commons^™

Preslar V. Commissioner: Debt-Discharge Income And Its Rationale, Chad J. Pomeroy

Faculty Articles

In Preslar v. Commissioner, the Tenth Circuit examined the “disputed debt” exception and concluded that the result was at odds with similar holdings from the Third Circuit. The Third and Tenth Circuits interpret the underlying logic of debt discharge income differently. The Third Circuit invokes the disputed-debt exception when the original debt is either unenforceable or unliquidated, while the Tenth Circuit invokes the exception only when the original amount is unliquidated.

The Tenth Circuit stated that the exception “rests on the premise that if a taxpayer disputes the original amount of a debt . . ., a subsequent settlement of …

Out-Lawing God The Daughter, Emily A. Hartigan

Faculty Articles

The traditionally forbidding visage of law mimics the constructed face of the “God of our Fathers.” The punitive ‘Father God’ and the harsh letter of the law are connected in both their errors and their promises for transformation. Both the ‘Father’ and ‘His Law’ primarily impose their wills through “authority” and “force.”

Jewish feminist theologian Judith Plaskow questions whether the law is a female form. Plaskow contrasts the law’s constrictions and abstraction with traditional femeie characteristics of openness and fluidity. Plaskow hopes to redeem her tradition through a God of relationship and love, affirming both law and a new feminine …

Insurance Contracts And Judicial Decisions Over Whether Insurers Must Defend Insureds That Violate Constitutional And Civil Rights: An Historical And Empirical Review Of Federal And State Court Declaratory Judgments 1900-2000, Willy E. Rice

Faculty Articles

Empirical findings suggest that extralegal factors, such as geographic location, ethnicity, gender, disability, perceived sexual orientation, and age of third-party victims, influence judicial decisions as to whether liability carriers must defend or reimburse the costs of defending various lawsuits. After the introduction, Part II of this article presents a brief discussion of state and federal declaratory judgment statutes and of the public policy behind liability and indemnification insurance contracts. Part III examines the origin and scope of insurers’ duty to defend, duty to pay legal expenses, and duty to reimburse litigation costs when third-party victims sue policyholders. Part IV argues …

Secured Transactions History: The Northern Struggle To Defeat The Judgment Lien In The Pre-Chattel Mortgage Act Era, George Lee Flint Jr

Faculty Articles

Nonpossessory secured transactions evolved as a competitor to collusive judgments as a means to protect creditors from the loss of their investments in colonial America. A collusive judgment involved the debtor recognizing his debt before the court, while the creditor held equitable title to the debtor’s personalty as collateral while the debtor retained possession. The 1677 Statute of Frauds destroyed the priority of the collusive judgment presenting opportunities for other parties to seek the debtor’s collateral. The chattel mortgage, predecessor of the secured transaction, developed from the standard shipping practices during colonial times. The shipping industries extended lines of credit …

Markets, Myths, And A Man On The Moon: Aiding And Abetting America’S Flight From Health Insurance, Andre Hampton

Faculty Articles

The United States health care system is a tragic product of blind distrust of government and unquestioning faith in markets—the belief that the market will always do a more efficient job of allocating resources better than the government. However, health care is a peculiar commodity that differs from other goods and services that are distributed in the market. There is a real question about whether it is appropriate to provide health coverage pursuant to an insurance model, let alone provide it through an insurance model in the market. While the pooling of risks guarantees a greater number of people will …