SelectedWorks @ Widener University Commonwealth Law School
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A Man Named Simon: Reflections on the Life of Former U. S. Treasury Secretary William E. Simon
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An Interdisciplinary Analysis of Statements to Mental Health Professionals Under the Diagnosis or Treatment Hearsay Exception
No full textBook Review, Reflections on a Rose in its Sixth Season: A Review of H. Jefferson Powell’s the Moral Tradition of American Constitutionalism
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The Role of Compensation in Personal Injury Tort Law: A Response to the Opposite Concerns of Gary Schwartz and Patrick Atiyah
No full textA failure to focus on the practical operation of tort law--especially as it intersects with insurance--is a feature of too much contemporary tort scholarship. It was in mid-century that Fleming James of Yale hauled tort law from its isolation into a recognition that it is not only undergirded but dominated by insurance, with its concomitant concern for paying accident victims and spreading losses. Even appellate courts in the old pre-James days recoiled from mentioning insurance, mirroring trial judges who shielded jurors from such sullied considerations. But despite James\u27s breakthrough, thoughtful jurisprudes like Ernest Weinrib and Stephen Perry, along with younger scholars writing extensively in tort law, including Heidi Li Feldman, Linda Ross Meyer, Steven P. Croley and Jon D. Henson, fail in our view to focus sufficiently, if at all, on tort law\u27s unsatisfactory performance as an insurance mechanism with all its fortuity, delays, and transaction costs. This is not to deny the difficulty of reconciling tort law\u27s moral underpinnings with the amoral actuarial base of insurance. But that difficulty is all the more reason for tort scholars to deal with it
An Apologia for the Use of Over-the-Counter Derivatives
No full textThis article reviews Over-the-Counter Derivative Products: A Guide to Business and Legal Risk Management and Documentation, by Robert M. McLaughlin (McGraw-Hill 1999) Assuming the role of apologist, Robert McLaughlin\u27s work provides a comprehensive justification for, and defense of, the over-the-counter (“OTC”) derivatives market
Risky Business: Acting as a Lender and OTC Derivative Dealer with the Same Customer
No full textHere the Author looks at some of the potential legal risk factors for a lender in taking a dual role with the same customer with respect to loans and over the counter derivative transactions. The principal risk, says the author, is the rejection of a bank\u27s claim for damages in bankruptcy upon the termination of over the counter derivative transactions entered into with the now bankrupt borrower. This is because the damages with respect to the derivative transactions may be characterized as unmatured interest which may be rejected by bankruptcy court. Although such a characterization was rejected by the courts in the Thrifty Oil case, banks should still be careful in its preparation of loan documentation
