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Articles 1 - 23 of 23
Full-Text Articles in Insurance Law
Patient Decision Aids Improve Patient Safety And Reduce Medical Liability Risk, Thaddeus Mason Pope
Patient Decision Aids Improve Patient Safety And Reduce Medical Liability Risk, Thaddeus Mason Pope
Maine Law Review
Tort-based doctrines of informed consent have utterly failed to assure that patients understand the risks, benefits, and alternatives to the healthcare they receive. Fifty years of experience with the doctrine of informed consent have shown it to be an abject catastrophe. Most patients lack an even minimal understanding of their treatment options. But there is hope. Substantial evidence shows that patient decision aids (PDAs) and shared decision making can bridge the gap between the theory and practice of informed consent. These evidence-based educational tools empower patients to make decisions with significantly more knowledge and less decisional conflict than clinician-patient discussions …
An Implied Defense: Self-Disclosure Offers A Defense To The Expanded False Claims Liability After Universal Health Services V. Escobar, Megan E. Italiano
An Implied Defense: Self-Disclosure Offers A Defense To The Expanded False Claims Liability After Universal Health Services V. Escobar, Megan E. Italiano
William & Mary Law Review
No abstract provided.
The Perfect Storm Is Brewing Once Again: What Scaling Back Dodd-Frank Will Mean For The Credit Default Swap, Daniel Isaacson
The Perfect Storm Is Brewing Once Again: What Scaling Back Dodd-Frank Will Mean For The Credit Default Swap, Daniel Isaacson
The Journal of Business, Entrepreneurship & the Law
The current presidential administration has expressed a concerted desire to “scale back” and even “get rid of” the Dodd–Frank Wall Street Reform and Consumer Protection Act (Dodd–Frank). Focusing specifically on Dodd–Frank’s regulation of the credit default swap (CDS), this Article explores two timely queries. First, whether Dodd–Frank’s regulatory response to these financial instruments is a justifiable one, and second, what effect a repeal may have. This Article will show that the “perfect storm” CDS—which contributed so significantly to the 2007–2010 financial crisis—flourished in a regulatory environment that contained two key weaknesses: (1) few restrictions on excessive speculation; and (2) the …
State Of Fear: Domestic Violence In South Carolina, Matthew Robins
State Of Fear: Domestic Violence In South Carolina, Matthew Robins
South Carolina Law Review
No abstract provided.
Shirley We Can Figure This Out: The Continued Confusion Surrounding Prescriptive Easement, Ethan B. Clark
Shirley We Can Figure This Out: The Continued Confusion Surrounding Prescriptive Easement, Ethan B. Clark
South Carolina Law Review
No abstract provided.
Should The Law Preserve Party Control? Litigation Investment, Insurance Law, And Double Standards, Anthony J. Sebok
Should The Law Preserve Party Control? Litigation Investment, Insurance Law, And Double Standards, Anthony J. Sebok
William & Mary Law Review
Litigation investment, sometimes known as litigation finance, is increasingly accepted around the world. Once prohibited as champerty, litigation investment is now embraced in England, Canada, and Australia, as well as in many civil law nations. In the United States, the development of a robust market for investment in litigation has been met by various objections. One objection is that litigation investment interferes with the autonomy of lawyers. A second objection is that it promotes frivolous litigation.
This Article takes up a popular argument against litigation investment: the legal system should not encourage parties to sell their control over litigation that …
Law And Lawyers In The Incident Command System, Clifford J. Villa
Law And Lawyers In The Incident Command System, Clifford J. Villa
Seattle University Law Review
Although the Incident Command System (ICS) has existed for some forty years, the use of ICS grew significantly in the past decade because the United States learned hard lessons from infamous failures of incident management after 9/11 and Hurricane Katrina. As such, ICS theory and practice must be understood by legal scholars and practitioners who seek to contribute to the growing fields of climate change adaptation and disaster response. Filling a gap in the legal literature, this article will provide lawyers and legal scholars with an introduction to the Incident Command System, outlining the origin, doctrines, and organizational framework of …
Crop Insurance Fraud And Misrepresentations: Contemporary Issues And Possible Remedies, Chad G. Marzen
Crop Insurance Fraud And Misrepresentations: Contemporary Issues And Possible Remedies, Chad G. Marzen
William & Mary Environmental Law and Policy Review
No abstract provided.
Insurance Law, Robin Jean Davis, Louis J. Palmer Jr.
Insurance Law, Robin Jean Davis, Louis J. Palmer Jr.
West Virginia Law Review
No abstract provided.
Insurance Law, Robin Jean Davis, Louis J. Palmer Jr.
Insurance Law, Robin Jean Davis, Louis J. Palmer Jr.
West Virginia Law Review
No abstract provided.
West Virginia's Automobile Insurance Policy Laws: A Practitioner's Guide, Thomas C. Cady, Christy Hardin Smith
West Virginia's Automobile Insurance Policy Laws: A Practitioner's Guide, Thomas C. Cady, Christy Hardin Smith
West Virginia Law Review
No abstract provided.
Insurance Law - Homeowner's Liability Insurance Policies: When Will The Pennsylvania Courts Infer Intent To Injure, Karen M. Houk
Insurance Law - Homeowner's Liability Insurance Policies: When Will The Pennsylvania Courts Infer Intent To Injure, Karen M. Houk
Villanova Law Review
No abstract provided.
Insurance Coverage For Wrongful Employment Practices, Douglas R. Richmond
Insurance Coverage For Wrongful Employment Practices, Douglas R. Richmond
Oklahoma Law Review
No abstract provided.
The Direct Action Against Insurers In Cercla Insolvency Cases: An Ideal Whose Time Has Come?, Peter R. Mounsey
The Direct Action Against Insurers In Cercla Insolvency Cases: An Ideal Whose Time Has Come?, Peter R. Mounsey
William & Mary Environmental Law and Policy Review
No abstract provided.
Changing A Life Beneficiary By Will, Thomas C. Clark
Changing A Life Beneficiary By Will, Thomas C. Clark
William & Mary Law Review
No abstract provided.
Federal Interpleader - Availability Of Interpleader To Liability Insurer Before Claims Have Been Reduced To Judgments, Underwriters At Lloyd's V. Nichols, 363 F.2d 357 (8th Cir. 1966), F. Prince Butler
William & Mary Law Review
No abstract provided.
Allocation Of Loss And Property Insurance, John C. Mccoid Ii
Allocation Of Loss And Property Insurance, John C. Mccoid Ii
Indiana Law Journal
No abstract provided.
Doctrine Of Imputed Knowledge, P. F. Henderson
Doctrine Of Imputed Knowledge, P. F. Henderson
South Carolina Law Review
No abstract provided.
The Awarding Of Punitive Damages For Breach Of Insurance Contracts In South Carolina, Hugh C. Howser
The Awarding Of Punitive Damages For Breach Of Insurance Contracts In South Carolina, Hugh C. Howser
South Carolina Law Review
No abstract provided.
Insurance--Effect Of Legal Execution Of Insured For Crime, Herschel H. Rose Jr.
Insurance--Effect Of Legal Execution Of Insured For Crime, Herschel H. Rose Jr.
West Virginia Law Review
No abstract provided.
Insurance--Statutes--Admissibility Of Evidence Of Conviction Of Non Felonious Killing Of Insured By Beneficiary, Houston A. Smith
Insurance--Statutes--Admissibility Of Evidence Of Conviction Of Non Felonious Killing Of Insured By Beneficiary, Houston A. Smith
West Virginia Law Review
No abstract provided.
Briefs On Insurance, 2d., By Roger W. Cooley, Paul L. Sayre
Briefs On Insurance, 2d., By Roger W. Cooley, Paul L. Sayre
Indiana Law Journal
No abstract provided.