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Can Tribal Courts Issue Domestic Relations Orders That Will Be Honored By Pension Plan Administrators Under Erisa?, Colin Osiecki 2015 Northwestern University School of Law

Can Tribal Courts Issue Domestic Relations Orders That Will Be Honored By Pension Plan Administrators Under Erisa?, Colin Osiecki

Northwestern University Law Review

No abstract provided.


Future Harm As A Current Disability: Insurance Coverage For A Risk Of Substance Abuse Relapse Under Erisa, Jonah Kind 2015 Northwestern University School of Law

Future Harm As A Current Disability: Insurance Coverage For A Risk Of Substance Abuse Relapse Under Erisa, Jonah Kind

Northwestern University Law Review

No abstract provided.


Gambling On Our Financial Future: How The Federal Government Fiddles While State Common Law Is A Safer Bet To Prevent Another Financial Collapse, Brian M. McCall 2015 University of Oklahoma

Gambling On Our Financial Future: How The Federal Government Fiddles While State Common Law Is A Safer Bet To Prevent Another Financial Collapse, Brian M. Mccall

Brian M McCall

Many politicians and commentators agree that credit default swaps (CDS) played a significant role in the financial crisis of 2008. Yet, few who observe this role are aware that CDS were set loose on the economy by the federal pre-emption of thousands of years of public policy. Since the time of Aristotle law, philosophy and public policy have been hostile to gambling. Viewed as a socially unproductive zero sum wealth transfer, the law has generally refused to permit parties to use the courts to enforce wagers. Courts and legislatures worked in harmony to control and in some cases punish financial ...


Summary Of Federal Insurance Co. V. Coast Converters, Inc., 130 Nev. Adv. Op. 95, Christian Spaulding 2014 Nevada Law Journal

Summary Of Federal Insurance Co. V. Coast Converters, Inc., 130 Nev. Adv. Op. 95, Christian Spaulding

Nevada Supreme Court Summaries

In a dispute between an insured manufacturer and its insurer, the Supreme Court determined that contract interpretation is a question of law, which should be decided by the district court. Further, to determine which policy limit applies, the court must determine on what date the loss became manifest. The manifestation date is generally a question of fact to be decided by the jury, which the district court will apply and determine, as a matter of law, which policy limit applies.


Maria’S Law: Extending Insurance Coverage For Fertility Preservation To Cancer Patients In Massachusetts, Brittany Raposa 2014 University of Massachusetts School of Law

Maria’S Law: Extending Insurance Coverage For Fertility Preservation To Cancer Patients In Massachusetts, Brittany Raposa

University of Massachusetts Law Review

This Note addresses the issues related to fertility preservation treatments for cancer patients in the context of insurance coverage. As cancer survival rates improve, the ability to bear children after therapy is increasingly difficult and a concern for most patients. Currently, no states have laws requiring insurance coverage for fertility preservation treatments for cancer patients. Because it is not currently covered by either private or public insurance, only those who can pay for it on their own can use fertility preservation treatments. This note proposes that Massachusetts, as having one of the most inclusive infertility health insurance mandates, should expand ...


Court Of Appeals Of New York, Consumers Union Of United States, Inc. V. New York, Daphne Vlcek 2014 Touro College Jacob D. Fuchsberg Law Center

Court Of Appeals Of New York, Consumers Union Of United States, Inc. V. New York, Daphne Vlcek

Touro Law Review

No abstract provided.


Carriage Of Hazardous Cargoes By Sea - The Hns Convention, Peter Wetterstein 2014 Abo Akedemi University, Finland

Carriage Of Hazardous Cargoes By Sea - The Hns Convention, Peter Wetterstein

Georgia Journal of International & Comparative Law

No abstract provided.


Unlucky Or Risky? Unobserved Heterogeneity And Experience Rating In Insurance Markets, Levon Barseghyan, Francesca Molinari, Darcy Steeg Morris, Joshua C. Teitelbaum 2014 Cornell University

Unlucky Or Risky? Unobserved Heterogeneity And Experience Rating In Insurance Markets, Levon Barseghyan, Francesca Molinari, Darcy Steeg Morris, Joshua C. Teitelbaum

Georgetown Law Faculty Publications and Other Works

We investigate whether an insured's claims experience contains valuable information about its latent risk type. Using data on households' claims histories in auto and home insurance, we estimate the variance-covariance matrix of unobserved heterogeneity and utilize the estimates to update a priori predictions about the households' claim risk. The estimates reveal that unobserved heterogeneity is positively correlated across coverages. We then explore how households' demand for insurance would respond to experience rating under different theories of risky choice, and we discuss what our findings imply about the economic consequences of legal restrictions on experience rating.


Remembering The Bay Of Pigs: Using Letters Of Credit To Facilitate The Resolution Of International Disputes, Gerald T. McLaughlin 2014 Loyola Law School

Remembering The Bay Of Pigs: Using Letters Of Credit To Facilitate The Resolution Of International Disputes, Gerald T. Mclaughlin

Georgia Journal of International & Comparative Law

No abstract provided.


Section 1: Moot Court: King V. Burwell, Institute of Bill of Rights Law at The College of William & Mary School of Law 2014 Institute of Bill of Rights Law at The College of William & Mary School of Law

Section 1: Moot Court: King V. Burwell, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law

Supreme Court Preview

No abstract provided.


Inference Under Stability Of Risk Preferences, Levon Barseghyan, Francesca Molinari, Joshua C. Teitelbaum 2014 Cornell University

Inference Under Stability Of Risk Preferences, Levon Barseghyan, Francesca Molinari, Joshua C. Teitelbaum

Georgetown Law Faculty Publications and Other Works

We leverage the assumption that preferences are stable across contexts to partially identify and conduct inference on the parameters of a structural model of risky choice. Working with data on households' deductible choices across three lines of insurance coverage and a model that nests expected utility theory plus a range of non-expected utility models, we perform a revealed preference analysis that yields household-specific bounds on the model parameters. We then impose stability and other structural assumptions to tighten the bounds, and we explore what we can learn about households' risk preferences from the intervals defined by the bounds. We further ...


Studying Is Dangerous? Possible Federal Remedies For Study Abroad Liability, Robert J. Aalberts, Chad G. Marzen, Darren A. Prum 2014 Pennsylvania State University - Main Campus

Studying Is Dangerous? Possible Federal Remedies For Study Abroad Liability, Robert J. Aalberts, Chad G. Marzen, Darren A. Prum

Chad G. Marzen

Every year, thousands of U.S. students study abroad for academic credit. Study abroad programs have traditionally garnered strong congressional support, and proponents of the programs emphasize the educational, cultural, and diplomatic benefits from study abroad experiences.

Despite the many benefits of study abroad programs, risks are incurred overseas. In the past several years, a number of incidents have resulted in which students studying abroad have not only incurred physical harm, but in some instances have died while enrolled in a study abroad program. The current liability standards governing study abroad programs are murky. This article not only discusses the ...


The Unintended Federalism Consequences Of The Affordable Care Act’S Insurance Market Reforms, Joshua Phares Ackerman 2014 Pace University

The Unintended Federalism Consequences Of The Affordable Care Act’S Insurance Market Reforms, Joshua Phares Ackerman

Pace Law Review

This Article, which is the first to examine the relationship between the ACA’s insurance market reforms and state regulation of insurance, argues that states’ decisions to forego creating their own exchanges may mark the beginning of an important shift of regulatory authority from the states to the federal government. It begins by sketching the historical antecedents of the current allocation of state and federal authority over insurance regulation. The aim of this discussion is to highlight the unique role states play in the regulation of insurance as opposed to other financial products. Part III explains the pre-ACA structure of ...


Summary Of Century Sur. Co. V. Casino W., Inc., 130 Adv. Nev. Op. 42, Michael Paretti 2014 Nevada Law Journal

Summary Of Century Sur. Co. V. Casino W., Inc., 130 Adv. Nev. Op. 42, Michael Paretti

Nevada Supreme Court Summaries

The court determined whether two distinct provisions of an insurance policy regarding air pollution were subject to multiple reasonable interpretations.


Building A Better Laboratory: The Federal Role In Promoting Health System Experimentation, Kristin Madison 2014 Pepperdine University

Building A Better Laboratory: The Federal Role In Promoting Health System Experimentation, Kristin Madison

Pepperdine Law Review

While expanding federal involvement in the health care system, the Patient Protection and Affordable Care Act (ACA) preserves states' roles as policy laboratories and private providers' roles as health care delivery laboratories. State-based and provider-based laboratories suffer from many shortcomings, however, as mechanisms to develop, evaluate, and facilitate diffusion of reforms within the health system. This Article argues that the federal government can take steps to address these shortcomings. It first briefly reviews ACA provisions that promote policy and delivery experimentation. It then suggests that by tying funding to policy outcomes, making use of regulatory variation and regulatory menus, and ...


Resolving The Double Liability Problem: A Critique Of California's Mechanics Lien Statute, Terrence Nguyen 2014 University of Massachusetts School of Law

Resolving The Double Liability Problem: A Critique Of California's Mechanics Lien Statute, Terrence Nguyen

University of Massachusetts Law Review

California’s mechanics lien statute allows a sub-contractor to file a lien on a homeowner’s property when a direct contractor, for whom the sub-contractor worked, has failed to pay the sub-contractor. The statute compels the homeowner to pay the sub-contractor even when the homeowner has paid the direct contractor in full. This Note argues that California’s mechanics lien statute is too broad, because the statute does not provide any exception for a homeowner who has paid the direct contractor in full. Specifically, this Note argues that California’s mechanics lien statute violates public policy, as well as constitutional ...


Reforming Consumer-Insurer Dispute Resolution In The Auto Insurance Industry, Cassandra Roeder 2014 College of William & Mary Law School

Reforming Consumer-Insurer Dispute Resolution In The Auto Insurance Industry, Cassandra Roeder

Student Award Winning Papers

No abstract provided.


The New Flat Tax: A Modest Proposal For A Constitutionally Apportioned Wealth Tax, John Plecnik 2014 Cleveland State University

The New Flat Tax: A Modest Proposal For A Constitutionally Apportioned Wealth Tax, John Plecnik

Articles and Essays

This Article is the first to propose a solution that complies with the Apportionment Clause without imposing different rates in different states. This Article discusses the practical and administrative issues with implementing a wealth tax in the United States as well as the substantive fairness of such a tax relative to the income and consumption tax regimes. This article describes the Apportionment Clause, so-called direct taxes, and the constitutional issues with implementing a wealth tax. It also describes prior proposals to circumvent the Apportionment Clause for the sake of a wealth tax. It also outlines a modest proposal to pass ...


Summary Of Wingco V. Gov’T Emps. Ins. Co., 130 Nev. Adv. Op. 20, Michael Paretti, Craig Friedel 2014 Nevada Law Journal

Summary Of Wingco V. Gov’T Emps. Ins. Co., 130 Nev. Adv. Op. 20, Michael Paretti, Craig Friedel

Nevada Supreme Court Summaries

The Court determined whether NRS 687B.145(3), which provides that a motor vehicle insurer must offer its insured the option of purchasing medical payment coverage, requires written rejection of medical coverage by the insured to be valid.


Pro-Rata Apportionment In “Long-Tail” Contamination Cases: Will Presumed Efficiencies Undercut Environmental Cleanups?, Benjamin S. Reilly 2014 Boston College Law School

Pro-Rata Apportionment In “Long-Tail” Contamination Cases: Will Presumed Efficiencies Undercut Environmental Cleanups?, Benjamin S. Reilly

Boston College Environmental Affairs Law Review

Environmental contamination often causes injuries that occur over long periods of time. These “long-tail” injuries, which tend to span periods during which a liable party was covered by multiple insurers, do not map neatly onto standard indemnification insurance policies. As a result, liable parties and their insurers frequently engage in protracted litigation to minimize the portion that they must contribute to environmental remediation projects. In Boston Gas Co. v. Century Indemnity, the U.S. Court of Appeals for the First Circuit upheld an application of Massachusetts’s recently announced pro rata apportionment rule, which greatly reduced the insurer’s liability ...


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