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.
Lynn M. LoPucki, The Irrefutable Logic of Judgment Proofing: A Reply to Professor Schwarcz, 52 Stan. L. Rev. 55 (1999)