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Full-Text Articles in Law

Economics And Communicating The Cultural Mandate, Derek K. Yonai Dec 2011

Economics And Communicating The Cultural Mandate, Derek K. Yonai

Derek K. Yonai

Neoclassical Economics cannot communicate the message of the Cultural Mandate. Neoclassical Economics cannot address the basic question of “what is a good life” and make the connection to economic activity. Neoclassical Economics cannot discuss the Culture Mandate because: it focuses on efficiency, rather than human flourishing; it treats work as a means to an end, rather than a calling; it fails to robustly analyze the role of the entrepreneur. Given these conflicts, Neoclassical Economics fails as a communication tool to discuss the Cultural Mandate. However, an Austrian Economics approach can bridge these gaps. Austrian Economics can bridge these gaps because …


The “Ensuing Loss” Clause In Insurance Policies: The Forgotten And Misunderstood Antidote To Anti-Concurrent Causation Exclusions, Chris French Dec 2011

The “Ensuing Loss” Clause In Insurance Policies: The Forgotten And Misunderstood Antidote To Anti-Concurrent Causation Exclusions, Chris French

Christopher C. French

As a result of the 1906 earthquake and fire in San Francisco which destroyed the city, a clause known as the “ensuing loss” clause was created to address concurrent causation situations in which a loss follows both a covered peril and an excluded peril. Ensuing loss clauses appear in the exclusions section of such policies and in essence they provide that coverage for a loss caused by an excluded peril is nonetheless covered if the loss “ensues” from a covered peril. Today, ensuing loss clauses are found in “all risk” property and homeowners policies, which cover all losses except for …