Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
The Irrefutable Logic Of Judgment Proofing: A Reply To Professor Schwarcz, Lynn M. Lopucki
The Irrefutable Logic Of Judgment Proofing: A Reply To Professor Schwarcz, Lynn M. Lopucki
UF Law Faculty Publications
In The Inherent Irrationality of Judgment Proofing, Professor Steven L. Schwarcz raises interesting new arguments against my death of liability thesis. The sheer number of those arguments makes it impossible for me to respond to all of them. The core of Schwarcz's insight is to divide judgment proofing structures into those negotiated at arm's length and those constructed within a single corporate group. I consider his arguments regarding the first set of structures in Part I and the second set in Part II.
The Essential Structure Of Judgment Proofing, Lynn M. Lopucki
The Essential Structure Of Judgment Proofing, Lynn M. Lopucki
UF Law Faculty Publications
This article argues that substantially all judgment proofing can be described through a single model: a symbiotic relationship between two or more entities, in which one of the entities generates disproportionately high risks of liability while the other owns a disproportionately high level of assets. The two entities typically are joined by a contract that allocates the profits gained from externalization of the tort liability. Proof that the model is workable even in large businesses is made by demonstrating that a single business can be divided into two such entities without altering its components or its function. The courts cannot …