Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Insurance (3)
- Auto accident (2)
- Beneficiaries (2)
- Coverage (2)
- Discovery (2)
-
- ERISA (2)
- Federal rules (2)
- Insured (2)
- Insurer (2)
- Liability (2)
- Life insurance (2)
- Motorist benefit (2)
- Policy (2)
- Policyholder (2)
- Rulemaking (2)
- Victim (2)
- Accidents (1)
- Ancient antecedents (1)
- Anti-injunction (1)
- Arbitration (1)
- Bad faith (1)
- Claim-or-defense (1)
- Claimant (1)
- Competence of jurors (1)
- Comprehensibility (1)
- Confiscation of cargo (1)
- Consumer (1)
- Damages (1)
- Death benefit coverage (1)
- Deposition (1)
Articles 1 - 7 of 7
Full-Text Articles in Law
Revisiting The Taxation Of Punitive Damages, Gregg D. Polsky, Dan Markel
Revisiting The Taxation Of Punitive Damages, Gregg D. Polsky, Dan Markel
Scholarly Works
In our recent article, Taxing Punitive Damages, available at http://ssrn.com/abstract=1421879, we argued (1) that plaintiffs in punitive damages cases should be allowed to introduce to the jury evidence regarding the deductibility of those damages by defendants, and (2) that this jury tax-awareness approach is better than the Obama Administration’s suggested alternative of disallowing those deductions.
To our delight, Professor Larry Zelenak and Paul Mogin have each provided published comments to our piece on Virginia Law Review's In Brief companion website. Professor Zelenak’s thoughtful response focuses on our prescriptive claim that jury tax-awareness is better than nondeductibility, while Mr. Mogin disputes …
Linguistic Issues: Is Plain English The Answer To The Needs Of The Jurors?, Leon D. Lazer
Linguistic Issues: Is Plain English The Answer To The Needs Of The Jurors?, Leon D. Lazer
Scholarly Works
No abstract provided.
Doctors, Hmos, Erisa, And The Public Interest After Pegram V. Herdrich, Jeffrey W. Stempel, Nadia Von Magdenko
Doctors, Hmos, Erisa, And The Public Interest After Pegram V. Herdrich, Jeffrey W. Stempel, Nadia Von Magdenko
Scholarly Works
The Employee Retirement Income Security Act of 1974 was enacted in the wake of highly publicized pension disasters in order to protect employee pension rights. Born as a piece of pro-worker legislation, it initially was criticized by business groups as a cause of bureaucratic arteriosclerosis that was worse than the disease of pension failures. Even worse, it prompted many employers to consider dispensing with pension plans altogether rather than struggle with the administrative and financial obligations of ERISA. Business, labor, and the public all complained about the law's complexity. It even became something of a national joke as regulators took …
Recent Case Developments, Jeffrey W. Stempel
Recent Case Developments, Jeffrey W. Stempel
Scholarly Works
Recent case developments in Insurance Law in the years 2000 and 2001.
Politics And Sociology In Federal Civil Rulemaking: Errors Of Scope, Jeffrey W. Stempel
Politics And Sociology In Federal Civil Rulemaking: Errors Of Scope, Jeffrey W. Stempel
Scholarly Works
In April 2000 the United States Supreme Court promulgated a package of Proposed Amendments to the Federal Rules of Civil Procedure that took effect on December 1, 2000, without Congressional intervention. As one commentator observed, “(a)ll of (the proposed amendments) promise to have a significant effect on discovery practice.” One Proposed Amendment--narrowing the scope of discovery available pursuant to Rule 26(b)(1)--was particularly controversial before both the Advisory Committee, the Standing Committee, and the Judicial Conference. Nonetheless, the Proposed Amended Rule narrowing scope proceeded from the Court to finality with no intervention by Congress. Proponents of the change minimized criticism by …
Ulysses Tied To The Generic Whipping Post: The Continuing Odyssey Of Discovery "Reform", Jeffrey W. Stempel
Ulysses Tied To The Generic Whipping Post: The Continuing Odyssey Of Discovery "Reform", Jeffrey W. Stempel
Scholarly Works
One need not be a charter member of the Critical Legal Studies Movement (“CLS”) to see a few fundamental contradictions in litigation practice in the United States. A prominent philosophical tenet of the CLS movement is that law and society are gripped by a “fundamental contradiction” and simultaneously seek to embrace contradictory objectives. Civil litigation, particularly discovery, is no exception: New amendments to the discovery rules are the latest example of this contradiction. Although the new changes are not drastic, they continue the post-1976 pattern of making discovery the convenient scapegoat for generalized complaints about the dispute resolution system. One …
Recent Case Developments, Jeffrey W. Stempel
Recent Case Developments, Jeffrey W. Stempel
Scholarly Works
Recent case developments in Insurance Law in the years 2000 and 2001.