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Business Law, Public Responsibility, and Ethics Commons™
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- Accident and injury law (1)
- Assumption of the risk (1)
- Bailouts (1)
- Banking and financial regulation (1)
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- Capital requirements (1)
- Clearinghouse for derivative transactions (1)
- Corporate finance (1)
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- Dodd-Frank Wall Street Reform and Consumer Protection Act (1)
- Duty of care to act reasonably (1)
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- Risky activities (1)
- Ski accidents (1)
- Ski safety statutes (1)
- Too big to fail (1)
- Torts (1)
Articles 1 - 2 of 2
Full-Text Articles in Business Law, Public Responsibility, and Ethics
The New Financial Deal: Understanding The Dodd-Frank Act And Its (Unintended) Consequences, David A. Skeel Jr.
The New Financial Deal: Understanding The Dodd-Frank Act And Its (Unintended) Consequences, David A. Skeel Jr.
All Faculty Scholarship
Contrary to rumors that the Dodd-Frank Act is an incoherent mess, its 2,319 pages have two very clear objectives: limiting the risk of the shadow banking system by more carefully regulating derivatives and large financial institutions; and limiting the damage caused by a financial institution’s failure. The new legislation also has a theme: government partnership with the largest Wall Street banks. The vision emerged almost by accident from the Bear Stearns and AIG bailouts of 2008 and the commandeering of the bankruptcy process to rescue Chrysler and GM in 2009. Its implications for derivatives regulation could prove beneficial: Dodd-Frank will …
Assuming The Risk: Tort Law, Policy, And Politics On The Slippery Slopes, Eric Feldman, Alison I. Stein
Assuming The Risk: Tort Law, Policy, And Politics On The Slippery Slopes, Eric Feldman, Alison I. Stein
All Faculty Scholarship
Prominent jurists and legal scholars have long been critical of the doctrine of the assumption of risk, arguing that it is logically flawed and has sown confusion in the courts. This article takes a fresh look at the assumption of risk by focusing on legal conflicts over ski accidents in three ski-intensive states—Vermont, Colorado, and California. It argues that the tort doctrine of the assumption of risk remains vital, and highlights the way in which powerful political and economic actors with links to the ski industry have lobbied aggressively for state laws that codify the assumption of risk. The result …