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Articles 1 - 3 of 3

Full-Text Articles in Law

The Proper Forum For A Suit: Transnational Forum Non Conveniens And Counter-Suit Injunctions In The Federal Courts, William L. Reynolds Jan 1992

The Proper Forum For A Suit: Transnational Forum Non Conveniens And Counter-Suit Injunctions In The Federal Courts, William L. Reynolds

Faculty Scholarship

No abstract provided.


Continuity, Precedent And Choice Of Law: A Reflective Response To Professor Hill, Robert A. Sedler Jan 1992

Continuity, Precedent And Choice Of Law: A Reflective Response To Professor Hill, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.


Erisa: Anti-Alienation Superiority In Bankruptcy, George Lee Flint Jr Jan 1992

Erisa: Anti-Alienation Superiority In Bankruptcy, George Lee Flint Jr

Faculty Articles

Both ERISA and the Bankruptcy Code consider the issue of debtor-participant’s interest in certain pension trusts when an action has been undertaken against the bankrupt debtor participant’s estate. Many jurisdictions have offered conflicting views on the handling of the interest. These conflicts create litigious interpretation and choice of law problems and place plan administrators at risk for breach of fiduciary duty depending on jurisdictional interpretation. Paying-out a bankruptcy trustee’s turnover demand could affect the tax qualified status of the pension plan, thereby hurting all plan participants. ERISA’s preemption provision was drafted to create uniformity among the states in interpreting employee …