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Full-Text Articles in Law and Society
The Shifting Terrain Of Risk And Uncertainty On The Liability Insurance Field, Tom Baker
The Shifting Terrain Of Risk And Uncertainty On The Liability Insurance Field, Tom Baker
All Faculty Scholarship
Recent sociological and historical work suggests that insurance risks often are not reliably calculable, except in hindsight. Insurance is “an uncertain business,” characterized by competition for premiums that pushes insurers into the unknown. This essay takes some preliminary steps that extend this insight into the liability insurance field. The essay first provides a simple quantitative comparison of U.S. property and liability insurance premiums over the last sixty years, setting the stage to make three points: (1) liability insurance premiums have grown at a similar rate as property insurance premiums and GDP over this period, providing yet another piece of evidence …
Arbitral And Judicial Proceedings: Indistinguishable Justice Or Justice Denied?, Pat K. Chew
Arbitral And Judicial Proceedings: Indistinguishable Justice Or Justice Denied?, Pat K. Chew
Articles
This is an exploratory study comparing the processes and outcomes in the arbitration and the litigation of workplace racial harassment cases. Drawing from an emerging large database of arbitral opinions, this article indicates that arbitration outcomes yield a lower percentage of employee successes than in litigation of these types of cases. At the same time, while arbitration proceedings have some of the same legal formalities (legal representation, legal briefs), they do not have other protective procedural safeguards.