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Full-Text Articles in Insurance Law
Fairness In Disparity: Challenging The Application Of Disparate Impact Theory In Fair Housing Claims Against Insurers, Matthew Jordan Cochran
Fairness In Disparity: Challenging The Application Of Disparate Impact Theory In Fair Housing Claims Against Insurers, Matthew Jordan Cochran
Matthew Jordan Cochran
This article responds to courts and commentators that have expressed willingness to apply the familiar "disparate impact" analysis--which is a creation of Title VII (employment discrimination) jurisprudence--in suits against homeowners' insurers. Specifically, these insurers' credit-based pricing mechanisms systems are attacked under the Fair Housing Act as having a discriminatory effect on members of protected classes with poor credit. Unfortunately, there are a number of legal, conceptual, and practical arguments against application of this Title VII standard in such cases. Yet courts endorsing this standard do not appear to have given due consideration to the possibility that some disparities simply might …
A Complete Property Right Amendment, John H. Ryskamp
A Complete Property Right Amendment, John H. Ryskamp
ExpressO
The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
ExpressO
This brief comment suggests where the anti-eminent domain movement might be heading next.
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
ExpressO
No abstract provided.