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Articles 1 - 15 of 15
Full-Text Articles in Law
Choice Of Law Issues In Eleventh Circuit Insurance Cases Arising From Lex Loci Contractus, Tom Schulte, Andrea Defield, Jorge Aviles
Choice Of Law Issues In Eleventh Circuit Insurance Cases Arising From Lex Loci Contractus, Tom Schulte, Andrea Defield, Jorge Aviles
University of Miami Law Review
A growing number of cases have emerged from the Eleventh Circuit struggling with the application of lex loci contractus to choice-of-law issues in the insurance context. And while the federal courts continue to struggle, the state courts in the Eleventh Circuit have not yet offered definitive guidance on when to apply lex loci contractus, and when to depart from it. In light of this choice-of-law issue, which can be and often is outcome determinative, this Article offers practical guidance on how policyholders can avoid application of an unfavorable state’s law to their insurance dispute, both before and after litigation …
The United States Should Take A Page Out Of Canadian Law When It Comes To Privacy, Genetic And Otherwise, Ashley Rahaim
The United States Should Take A Page Out Of Canadian Law When It Comes To Privacy, Genetic And Otherwise, Ashley Rahaim
University of Miami Inter-American Law Review
Genetic information is intimate and telling data warranting privacy in public and private realms. The privacy protections offered in the United States and Canada vastly differ when it comes to genetic privacy. Search and seizure law mirrors the privacy gap in the countries, as well as their treatment of DNA database information.
This note explores the foreshadowing of the creation of genetic privacy laws and their varying levels of protection based on the way private information was treated by state actors through search and seizure caselaw, the creation of legal precedent, and the treatment of intimate personal data in the …
Due Process Alignment In Mass Restructurings, Sergio J. Campos, Samir D. Parikh
Due Process Alignment In Mass Restructurings, Sergio J. Campos, Samir D. Parikh
Articles
Mass tort defendants have recently begun exiting multidistrict litigation by filing for bankruptcy. This new strategy ushers defendants into a far more hospitable forum that offers accelerated resolution of all state and federal claims held by both current and future victims.
Bankruptcy's structural, procedural, and substantive benefits also provide defendants with unique optionality. Bankruptcy's resolution promise is alluring, but the process relies on a very large assumption: that future victims can be compelled to relinquish property rights in their cause of action against the corporate defendant and others without consent or notice. Bankruptcy builds an entire resolution structure on the …
Jotwell's Thirteenth Birthday Celebration, A. Michael Froomkin
Jotwell's Thirteenth Birthday Celebration, A. Michael Froomkin
Articles
No abstract provided.
Autonomous Vehicle Regulation & Trust: The Impact Of Failures To Comply With Standards, William H. Widen, Phillip Koopman
Autonomous Vehicle Regulation & Trust: The Impact Of Failures To Comply With Standards, William H. Widen, Phillip Koopman
Articles
The autonomous vehicle (AV) industry works very hard to create public trust in both AV technology and its developers. Building trust is part of a strategy to permit the industry itself to manage the testing and deployment of AV technology without regulatory interference. This article explains how industry actions to promote trust (both individually and collectively) have created concerns rather than comfort with this emerging technology. The article suggests how the industry might change its current approach to law and regulation from an adversarial posture to a more cooperative one in which a space is created for government regulation consistent …
Equality And Sufficiency In Health Care Reform, Gabriel Scheffler
Equality And Sufficiency In Health Care Reform, Gabriel Scheffler
Articles
Most Americans believe that health care is a right, not a privilege. Yet debates over health care reform frequently fail to distinguish between two distinct conceptions of the right to health care: one which focuses on sufficient access to health care-what I refer to as the Right to a Decent Minimum-and a second which focuses on equality in access to health care what I refer to as the Right to Equal Access. These two conceptions of the right to health care in turn support two distinct categories of proposals for expanding health insurance coverage. The Right to Equal Access justifies …
Which Law Is Supreme? The Interplay Between The New York Convention And The Mccarran-Ferguson Act, Brian A. Briz, César Mejía-Dueñas
Which Law Is Supreme? The Interplay Between The New York Convention And The Mccarran-Ferguson Act, Brian A. Briz, César Mejía-Dueñas
University of Miami Law Review
The McCarran-Ferguson Act was enacted in 1945 to safeguard the rights of the states to regulate the business of insurance. It provides that acts of Congress not specifically related to the business of insurance are superseded by state laws that regulate the business of insurance. In 1970, the United States ratified the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention). Congress enacted Chapter 2 of the Federal Arbitration Act to implement the New York Convention. The New York Convention requires courts to recognize and enforce both private agreements to arbitrate and arbitration awards made …
Ocips In The Future Of The Insurance Industry: Legal And Regulatory Considerations, Chad G. Marzen
Ocips In The Future Of The Insurance Industry: Legal And Regulatory Considerations, Chad G. Marzen
University of Miami Business Law Review
No abstract provided.
Hiring Teams, Firms, And Lawyers: Evidence Of The Evolving Relationship In The Corporate Legal Market, Michele M. Destefano, John C. Coates, Ashish Nanda, David B. Wilkins
Hiring Teams, Firms, And Lawyers: Evidence Of The Evolving Relationship In The Corporate Legal Market, Michele M. Destefano, John C. Coates, Ashish Nanda, David B. Wilkins
Articles
How are relationships between corporate clients and law firms evolving? Drawing on interview and survey data from 166 chief legal officers of S&P 500 companies from 2006-2007, we find that-contrary to standard depictions of corporate client-provider relationships-(1) large companies have relationships with ten to twenty preferred providers; (2) these relationships continue to be enduring, and (3) clients focus not only on law firm platforms and lead partners, but also on teams and departments within preferred providers, allocating work to these subunits at rival firms over time and following "star" lawyers, especially if they move as part of a team. The …
Fundamental Mismatch: The Improper Integration Of Individual Liberty Rights Into Commerce Clause Analysis Of The Patient Protection And Affordable Care Act, Arthur J.R. Baker
Fundamental Mismatch: The Improper Integration Of Individual Liberty Rights Into Commerce Clause Analysis Of The Patient Protection And Affordable Care Act, Arthur J.R. Baker
University of Miami Law Review
No abstract provided.
The Earmarking Defense To Voidable Preference Liability: A Reconceptualization, William H. Widen, David Gray Carlson
The Earmarking Defense To Voidable Preference Liability: A Reconceptualization, William H. Widen, David Gray Carlson
Articles
No abstract provided.
No-Fault Drives Again: A Contemporary Primer, Mark Nm. Hager
No-Fault Drives Again: A Contemporary Primer, Mark Nm. Hager
University of Miami Law Review
No abstract provided.
Messing With Our Minds: The Mental Illness Limitation In Health Insurance, Youndy C. Cook
Messing With Our Minds: The Mental Illness Limitation In Health Insurance, Youndy C. Cook
University of Miami Law Review
No abstract provided.
The Insurance Fallout Following Hurricane Andrew: Whether Insurance Companies Are Legally Obligated To Pay For Building Code Upgrades Despite The "Ordinance Or Law" Exclusion Contained In Most Homeowners Policies, Hugh L. Wood Jr.
University of Miami Law Review
No abstract provided.
Insurance Claims Fraud Problems And Remedies, Robert W. Emerson
Insurance Claims Fraud Problems And Remedies, Robert W. Emerson
University of Miami Law Review
No abstract provided.