Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Health insurance (2)
- Banks (1)
- Compensation (1)
- Constitution Welfare clause (1)
- Constitutional law--United States. (1)
-
- ERISA (1)
- Federal government (1)
- Health care (1)
- Health care reform (1)
- Health law (1)
- Health reform (1)
- Http (1)
- Interstate commerce--Law and legislation--United States. (1)
- Outsourcing (1)
- Patient Protection and Affordable Care Act (1)
- Pension (1)
- Ponzi scheme (1)
- Risk taking (1)
- Sec (1)
- Social welfare (1)
- Supreme Court (1)
- United States (1)
Articles 1 - 6 of 6
Full-Text Articles in Law
Erisa & Uncertainty, Brendan S. Maher, Peter K. Stris
Erisa & Uncertainty, Brendan S. Maher, Peter K. Stris
Faculty Scholarship
In the United States, retirement income and health insurance are largely provided through private promises made incident to employment. These “benefit promises” are governed by a statute called ERISA, which many healthcare and pension scholars argue is the cause of fundamental problems with our nation’s health and retirement policy. Inevitably, however, they advance narrowly tailored proposals to amend the statute. This occurs because of the widely-held view that reform should leave undisturbed the underlying core of the statute. This Article develops a theory of ERISA designed to illustrate the unavoidable need for structural reform.
Health Reform: What's Insurance Got To Do With It? Recognizing Health Insurance As A Separate Species Of Insurance, Wendy K. Mariner
Health Reform: What's Insurance Got To Do With It? Recognizing Health Insurance As A Separate Species Of Insurance, Wendy K. Mariner
Faculty Scholarship
Health insurance can be, and to a large extent already is, a separate species of insurance. This article describes the different views of insurance that made health reform contentious. It argues that the goals of health reform are incompatible with conventional views of insurance. Nonetheless, reforming health insurance to achieve those goals does not require as dramatic shift as some might think, because health insurance has already become primarily a means of paying for health care, rather than a simple risk spreading device for specified losses.
Bonding Bankers: Notes Toward A Governance Approach To Risk Regulation, Frederick Tung
Bonding Bankers: Notes Toward A Governance Approach To Risk Regulation, Frederick Tung
Faculty Scholarship
Important regulatory failures have been identified in the wake of the recent financial crisis, and comprehensive regulatory reform has been much on the minds of policymakers. Reform proposals call for a number of significant changes to the scope and structure of financial regulation to address systemic risk. With banking regulation, however, the twin tools of capital requirements and external supervision seem to remain the dominant regulatory levers. In this short discussion, I introduce the contours of an important supplement to the existing approach, a governance approach that uses bank executives' compensation arrangements as a policy lever. I propose that bank …
On The Constitutionality Of Health Care Reform, Barak D. Richman
On The Constitutionality Of Health Care Reform, Barak D. Richman
Faculty Scholarship
This commentary describes the legal challenges to the Patient Protection and Affordable Care Act.
Following The Money – The Chaotic Kerfuffle Over Residential Insurance Proceeds That Simultaneously Are The Only Rebuild Funds And The Only Mortgage Collateral, Kenneth S. Klein
Following The Money – The Chaotic Kerfuffle Over Residential Insurance Proceeds That Simultaneously Are The Only Rebuild Funds And The Only Mortgage Collateral, Kenneth S. Klein
Faculty Scholarship
In an average year in the United States, 30,000 homes are lost to fire, flood, or another similar disaster. In 2003, one of those homes was mine. Since that time, I have spent literally thousands of hours counseling hundreds of survivors of other disasters (including wildfires, Hurricane Katrina, and the crash of a military jet into a residential neighborhood) on the unique set of emotional, financial, and legal challenges that define their road to recovery. One of the recurring and yet repetitively unanticipated challenges is the tug of war between homeowners and their mortgage lender/mortgage servicer over money. That challenge …
Let The Securities And Exchange Commission Outsource Enforcement By Litigation: A Proposal, Tamar Frankel
Let The Securities And Exchange Commission Outsource Enforcement By Litigation: A Proposal, Tamar Frankel
Faculty Scholarship
The stories of Stanford's suspected Ponzi scheme, and Madoff s proven scheme, as well as the Securities and Exchange Commission's lenient settlements with very large suspected violators, and its focus on the numerous, small accused, have raised questions about the Commission's enforcement resources. This Article suggests that the Commission outsource civil cases against very large defendants when the examination of the defendant finds signs of wrongdoing under the securities acts. The Commission already outsources two types of legal services and the United States government practices extensive outsourcing. This article suggests that with appropriate limitations and controls outsourcing of enforcement litigation …