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- Physical damage; COVID-19; coronavirus; business interuption insurance; insurance law; mandated closure; physical loss; Terrorism Risk Insurance Act; TRIA; H.R. 6494; H.R. 6497; federal backstop; NAMIC; APCIA; ISO; private sector; investment (1)
- Section 230; Free Speech; First Amendment; Social Media; Internet; Media; Misinformation; Economic Theory; Facebook; Twitter; Instagram; Communications Decency Act; Law and Economics; Law and Society; Law; Policy; European Union; Society; Digital; Technology; Privacy; Liability (1)
Articles 1 - 2 of 2
Full-Text Articles in Law
Section 230 And The Problem Of Social Cost, Stanley M. Besen, Philip L. Verveer
Section 230 And The Problem Of Social Cost, Stanley M. Besen, Philip L. Verveer
Journal of Law and Policy
This Article employs, with certain modifications, the framework developed in Ronald Coase’s classic article, “The Problem of Social Cost,” to analyze the current debate over Section 230 of the Communications Decency Act. This provision absolves interactive computer services, also known as platforms, from liability when they disseminate materials that cause “harm” to third parties, “harm” that can take the form of compensable damage of a sort found in ordinary tort cases but also can include broader injuries to social order and cohesion in the form of such things as hate speech and misinformation. The Article begins by pointing out that, …
Business Interruption Insurance In The Time Of Covid-19: Who Should Foot The Bill?, Paul Mchugh
Business Interruption Insurance In The Time Of Covid-19: Who Should Foot The Bill?, Paul Mchugh
Journal of Law and Policy
COVID-19-related business closures led to thousands of business interruption insurance claims and lawsuits across the country. However, throughout the history of business interruption policies, obstacles such as virus exclusions and “physical damage” requirements have been added in response to prior pandemics and catastrophic losses. These exclusions and requirements have led to many hurdles and outright denials for those seeking payment on their policies. So, then, can business owners still find some economic refuge in these policies? Despite outright denials in many courts, at least a handful of federal judges as well as a number of members of Congress seem to …