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Articles 1 - 17 of 17
Full-Text Articles in Law
Private Insurance Limits And Responses, Elizabeth Weeks
Private Insurance Limits And Responses, Elizabeth Weeks
Scholarly Works
The COVID-19 pandemic exposed a number of existing flaws in the United States’ patchwork approach to paying for and providing access to medical care. Shelter-in-place orders, social distancing, and other public health strategies employed to address the pandemic spawned a global recession, causing rapid and high unemployment rates in many countries. The U.S. unemployment rate peaked in April 2020 at 14.7%, higher than in any previous period since World War II. The United States has long hewed an anachronistic policy of relying heavily on private employers to provide health insurance to a substantial portion of the population. Those who are …
Battle Of The Sexes: Title Vii’S Failure To Protect Women From Discrimination Against Sex-Linked Conditions, Brooks Land
Battle Of The Sexes: Title Vii’S Failure To Protect Women From Discrimination Against Sex-Linked Conditions, Brooks Land
Georgia Law Review
No abstract provided.
Charting The Middle Course: An Argument For Robust But Well-Tailored Health Care Discrimination Protection For The Transgender Community, John E. Farmer
Charting The Middle Course: An Argument For Robust But Well-Tailored Health Care Discrimination Protection For The Transgender Community, John E. Farmer
Georgia Law Review
Section 1557 of the Patient Protection and Affordable
Care Act offers sweeping discriminationprotections for
patients, applicable to both health insurers and health
care providers who receive federal funding or are
subject to federal administration. Placing itself in the
canon of federal antidiscriminationlaws, Section 1557
incorporates Title IX of the Education Amendments of
1972 to prohibit discrimination on the basis of sex.
Just how sweeping this aspect of Section 1557s
prohibitions is has been the subject of controversy
exemplified in litigation in the federal courts, as well as
in the starkly contrasting views of two presidential
administrations. The Department of Health …
Causation Actually, J. S. Dillbary
Causation Actually, J. S. Dillbary
Georgia Law Review
This Article debunks the consensus that in concerted
action, concurrent causes, and alternative liability
situations, the actual causation requirement is always
missing. While courts and scholars insist that in these
cases tort law holds liable parties who clearly did not
cause the victim's harm, this Article offers a novel
approach. Using a simple model and applying it to
leading decisions, this Article shows that a party who did
not and could not even potentially injure the victim could
nevertheless be a but-for reason for the harm. The Article
also challenges claims that causation theories like
concerted action, substantial factor and …
The Risks Of Shadow Insurance, Daniel Schwarcz
The Risks Of Shadow Insurance, Daniel Schwarcz
Georgia Law Review
Shadow banking - often defined as financial intermediation that provides maturity transformation outside of the formal confines of a bank'-played a central role in causing the 2008 financial crisis. For this reason, a 2013 report of the New York Department of Financial Services generated substantial controversy when it labeled some life insurers' practices of reinsuring insurance policies with affiliated captive insurers as "shadow insurance." Yet the moniker of shadow insurance was not without at least some justification. Like shadow banking, life insurers' reinsurance of policies with affiliated captives is a form of regulatory arbitrage that moves traditional insurance risks from …
Carriage Of Hazardous Cargoes By Sea - The Hns Convention, Peter Wetterstein
Carriage Of Hazardous Cargoes By Sea - The Hns Convention, Peter Wetterstein
Georgia Journal of International & Comparative Law
No abstract provided.
Remembering The Bay Of Pigs: Using Letters Of Credit To Facilitate The Resolution Of International Disputes, Gerald T. Mclaughlin
Remembering The Bay Of Pigs: Using Letters Of Credit To Facilitate The Resolution Of International Disputes, Gerald T. Mclaughlin
Georgia Journal of International & Comparative Law
No abstract provided.
From Contract To Legislation: The Logic Of Modern International Lawmaking, Timothy L. Meyer
From Contract To Legislation: The Logic Of Modern International Lawmaking, Timothy L. Meyer
Scholarly Works
The future of international lawmaking is in peril. Both trade and climate negotiations have failed to produce a multilateral agreement since the mid-1990s, while the U.N. Security Council has been unable to comprehensively respond to the humanitarian crisis in Syria. In response to multilateralism’s retreat, many prominent commentators have called for international institutions to be given the power to bind holdout states — often rising or reluctant powers such as China and the United States — without their consent. In short, these proposals envision international law traveling the road taken by federal systems such as the United States and the …
Nondiscrimination In Insurance: The Next Chapter, Mary L. Heen
Nondiscrimination In Insurance: The Next Chapter, Mary L. Heen
Georgia Law Review
For nearly 150 years, American insurance companies have engaged in race and gender pricing practices that would be illegal if followed today by any other major commercial enterprise. The insurance industry has defended its long-standing practices, first for race and now for gender, based on ideas about insurance "equity" developed in the nineteenth century. The continued application of these ideas, and the practices that have resulted from them, conflict with fundamental civil rights principles and should not be tolerated as exceptions to our national civil rights laws. As that history shows, classifications used by insurers to determine rates and benefits …
Stemming The Federal Tort Fountain: Why Federal Courts Should Maintain Implied Certification Limitations On Qui Tam Suits Against Nonclaimant Defendants, Dennis O. Vann Jr.
Stemming The Federal Tort Fountain: Why Federal Courts Should Maintain Implied Certification Limitations On Qui Tam Suits Against Nonclaimant Defendants, Dennis O. Vann Jr.
Georgia Law Review
Qui tam suits in the health-care industry increasingly
target pharmaceutical and medical-device manufacturers
rather than the medical providers who directly make
claims to federal health-insurance programs. These suits
commonly argue that the manufacturer induced the
provider to falsely certify compliance with federal and
state antifraud laws, such as the Anti-Kickback Statute.
This Note shows that suits based on such "implied
certification"of adherence to laws should not be permitted
under the Federal False Claims Act unless the
non submitting defendant is first convicted of providing a
kickback. First, this Note analyzes recent amendments to
the Anti-Kickback Statute in the Affordable Care …
Erisa Subrogation And The Controversy Over Sereboff: Silencing The Critics, The Divided Bench Is A Legitimate Standard, Ashley A. P. Frazier
Erisa Subrogation And The Controversy Over Sereboff: Silencing The Critics, The Divided Bench Is A Legitimate Standard, Ashley A. P. Frazier
Georgia Law Review
ERISA protects employees in the administration of
employer-sponsored benefit plans. When a party is injured
by third parties and a health and welfare benefit plan
governed by ERISA pays benefits, conflicts have arisen
between insurers seeking subrogation and individuals
seeking full recovery. Injured parties claim they should
not have to reimburse insurers while insurers deny
responsibility for damage caused by third parties. The
Supreme Court set the standard for plan fiduciary rights
to ERISA subrogation in Sereboff v. Mid Atlantic Medical
Services, Inc. Sereboff held that the plain wording of 29
U.S.C. § 1132(a)(3) means equitable relief available under
the …
Reinsurance: Bad Faith Considerations And Insolvency Dilemma, Hui-Ju Hsieh
Reinsurance: Bad Faith Considerations And Insolvency Dilemma, Hui-Ju Hsieh
LLM Theses and Essays
Reinsurance is insurance that an insurance company purchases from another insurance company. The original insurance company is called the reinsured, and the insurance company that is contracted is called the reinsurer. The main purpose of reinsurance is to disperse or spread the risk of loss. The reinsurance relationship is frequently characterized as an exercise of fiduciary responsibility based upon an undertaking of utmost good faith between contracting parties. However, disputes arise; most litigation involving reinsurance has been between reinsurers and persons not party to the reinsurance agreement. This paper’s first major area of discussion is the relationship between the reinsurer …
Crisis In No-Fault Automobile Insurance, Dragana Davidovic
Crisis In No-Fault Automobile Insurance, Dragana Davidovic
LLM Theses and Essays
This thesis presents an overview of no-fault automobile insurance and examines current issues in the political and policy debate surrounding insurance reform. Part I summarizes the costs of automobile accidents and describes how the tort system handles claims arising from such accidents. Part II gives an introduction to the world of insurance, explaining theoretical differences between fault and no-fault based auto insurance. Part III presents the history of various no-fault plans. Part IV describes and explains current issues in no-fault insurance. Costs, benefits, and cost-efficiency of no-fault insurance are also discussed. Since the accident prevention is a social goal as …
Foreign Policy And Export Controls: How Will The Canada-United States Free Trade Agreement Accommodate The Extraterritorial Application Of The United States Laws To Canadian Exports Of Goods And Technology?, Dorinda G. Dallmeyer
Scholarly Works
This paper begins with a comparison of the Canadian and U.S. export control structures. It examines resulting conflicts between the two. It then describes the provisions of the Free Trade Agreement which address the harmonization of export controls. While the Agreement is far-reaching, it is important to note that the FTA is not a Customs Union. That is, the two countries are not going to develop a common external trade policy but will continue to maintain independent trade relations with respect to third countries. In light of that fact, the paper analyzes the prospects for continuing conflict between the United …
Protection Of Shipowners’ Liability Under United States Law And Marine Insurance Practice, Izak Stephanus Fourie
Protection Of Shipowners’ Liability Under United States Law And Marine Insurance Practice, Izak Stephanus Fourie
LLM Theses and Essays
Shipowners are exposed to a variety of risks that are, to a large extent, unique to maritime business. Because of factors like the recent increase in the size and value of ships, increase in marine traffic, enactment of legislation imposing new liabilities, and the tendency of courts to make huge awards to personal injury and death claims, shipowners are exposed to potential losses or claims worth millions of dollars in the event of disaster. These heavy risks led to the establishment of the marine insurance industry, as well as the enactment of legislation that limits shipowners’ liability. This legislation was …
A Model First-Party Insurance Excess-Liability Act, Eric M. Holmes
A Model First-Party Insurance Excess-Liability Act, Eric M. Holmes
Scholarly Works
The purpose of this article is to study the various statutes concerning first-party, excess-liability in an effort to compose a model act. The primary issues affecting this problem are two-fold: First, what type of extra-contract damages should be available (e.g., attorney fees, litigation expenses, consequential losses, emotional distress, punitive damages); and second, should these extra-contract damages be based on an equitable standard of good-faith conduct (fault) or on strict liability principles (no fault)? These are crucial questions as the division between contract and tort becomes ever more blurred in modern law.
Interpreting An Insurance Policy In Georgia: The Problem Of The Evidentiary Condition, Eric M. Holmes
Interpreting An Insurance Policy In Georgia: The Problem Of The Evidentiary Condition, Eric M. Holmes
Scholarly Works
The purpose of this essay is to suggest an analytic framework for solving a recurrent insurance problem which springs from what might be called an "evidentiary condition." These conditions can be found in most classes of insurance policies. The immodest purpose of this modest essay is to devise a line of analysis which resolves the problems raised by evidentiary conditions and affords sensitivity and protection to all the competing interests in an insurance contract. The proffered solution, which I label the doctrine of evidentiary conditions, may furnish a doctrinal bridge for reconciling the two disparate contract schools.