No Need To Reinvent The Wheel: Why Existing Liability Law Does Not Need To Be Preemptively Altered To Cope With The Debut Of The Driverless Car,
2016
Pepperdine University
No Need To Reinvent The Wheel: Why Existing Liability Law Does Not Need To Be Preemptively Altered To Cope With The Debut Of The Driverless Car, Jeremy Levy
The Journal of Business, Entrepreneurship & the Law
First, in part I, this article seeks to explore the background of driverless vehicles, including their history, the technology involved, and general issues and potential problems that may arise from these vehicles entering the market. In part II, the article will discuss existing regulations already in place for autonomous driverless vehicles in both state and federal law. Part III will examine two proposals, those for additional laws, or for the adaptation of existing laws to create new liability schemes, and how most of these proposals are either inadequate or overbroad. Part IV will examine liability waiver for accidents, strict liability …
Nfib V. Sebelius And The Individual Mandate: Thoughts On The Tax/Regulation Distinction,
2016
University of Michigan Law School
Nfib V. Sebelius And The Individual Mandate: Thoughts On The Tax/Regulation Distinction, Kyle D. Logue
Michigan Business & Entrepreneurial Law Review
When Chief Justice John Roberts wrote the opinion of the Court in National Federation of Independent Businesses v. Sebelius (NFIB) explaining the constitutionality of the Affordable Care Act’s (ACA) minimum essential coverage provision (sometimes referred to as the individual mandate), he reasoned that the mandate—or, more precisely, the enforcement provision that accompanied the mandate (the Shared Responsibility Payment or SRP)—could be understood as a tax on the failure to purchase health insurance. According to this view, the enactment of the mandate and its accompanying enforcement provisions fell within Congress’s virtually unlimited power to “lay and collect taxes.” This tax-based interpretation …
Sex, Videos, And Insurance: How Gawker Could Have Avoided Financial Responsibility For The $140 Million Hulk Hogan Sex Tape Verdict,
2016
Penn State Law
Sex, Videos, And Insurance: How Gawker Could Have Avoided Financial Responsibility For The $140 Million Hulk Hogan Sex Tape Verdict, Christopher French
Journal Articles
On March 18, 2016, and March 22, 2016, a jury awarded Terry Bollea (a.k.a Hulk Hogan) a total of $140 million in compensatory and punitive damages against Gawker Media for posting less than two minutes of a video of Hulk Hogan having sex with his best friend’s wife. The award was based upon a finding that Gawker intentionally had invaded Hulk Hogan’s privacy by posting the video online. The case has been receiving extensive media coverage because it is a tawdry tale involving a celebrity, betrayal, adultery, sex, and the First Amendment. The case likely will be remembered by most …
Rate Me: Risk Assessment Drones And The Resurrection Of Discriminatory Insurance Practices,
2016
Washington and Lee University School of Law
Rate Me: Risk Assessment Drones And The Resurrection Of Discriminatory Insurance Practices, Lucas M. Barta
Washington and Lee Law Review
No abstract provided.
One Fund Solution And The Pension Crisis,
2016
St. Thomas University School of Law
One Fund Solution And The Pension Crisis, Gordon Butler
Cleveland State Law Review
The next forty years of economic life will be dominated by one underlying theme: dealing with the retirement income security of a growing, aging and longer-lived global population. This is a "can’t run, can’t hide" problem that will affect the lives of almost every human being on the planet . . . Whether you are light in your pension account, whether you have more money than Croesus, whether you live in the well-funded Netherlands, or whether you are a put-upon unambitious young male in Japan who sees no future for himself, you cannot escape this problem.
Before you read very …
Sex, Videos, And Insurance: How Gawker Could Have Avoided Financial Responsibility For The $140 Million Hulk Hogan Sex Tape Verdict,
2016
Penn State Law
Sex, Videos, And Insurance: How Gawker Could Have Avoided Financial Responsibility For The $140 Million Hulk Hogan Sex Tape Verdict, Christopher French
Christopher C. French
The Insurability Of Claims For Restitution,
2016
Penn State Law
The Insurability Of Claims For Restitution, Christopher French
Journal Articles
Does and should a wrongdoer’s liability insurance cover an aggrieved party’s claim for restitution (e.g., a claim for the disgorgement of ill-gotten gains)? This article answers those questions. It does so by first answering the question of whether claims for restitution are covered under the terms of liability insurance policies. Then, after concluding that they are, it addresses the question of whether claims for restitution should be insurable as a matter of public policy and insurance law theory. There are long-standing legal and equitable principles that, on the one hand, dictate that a wrongdoer should not be allowed to benefit …
The Insurability Of Claims For Restitution,
2016
Penn State Law
The Insurability Of Claims For Restitution, Christopher French
Christopher C. French
The Insurability Of Claims For Restitution,
2016
Penn State Law
The Insurability Of Claims For Restitution, Christopher French
Christopher C. French
Force-Placed Insurance: The Lending Industry's "Dirty Little Secret",
2016
IIT Chicago-Kent College of Law
Force-Placed Insurance: The Lending Industry's "Dirty Little Secret", Dana Cronkite
Chicago-Kent Law Review
Force-placed insurance, also called lender-placed insurance, is the insurance policy mortgage lenders obtain on behalf of borrowers when borrowers fail to maintain hazard insurance on their homes. Although the possibility of force-placed insurance is contemplated by mortgage contracts, the policies often provide little coverage and are much costlier than insurance policies acquired on the open market. Lenders obtain the policies at unfairly high prices and sometimes receive kickbacks from the force-placed insurance companies, while borrowers alone bear the burden of paying for them. As such, lenders have no incentive to obtain force-placed insurance at fair prices with adequate coverage. The …
Hospital Chargemaster Insanity: Heeling The Healers,
2016
Pepperdine University
Hospital Chargemaster Insanity: Heeling The Healers, George A. Nation Iii
Pepperdine Law Review
Hospital list prices, contained in something called a chargemaster are insanely high, often running 10 times the amount that hospitals routinely accept as full payment from insurers. Moreover, the relative level of a particular hospital’s chargemaster prices bears no relationship to either the quality of the services the hospital provides or, to the cost of the services provided. The purpose of these fictitious list prices is to serve as a starting point or anchoring point, for negotiations with third-party payers regarding the amount that they will actually pay the hospital for it’s goods and services. Ironically, there is widespread agreement, …
His Feminist Facade: The Neoliberal Co-Option Of The Feminist Movement,
2016
Seattle University School of Law
His Feminist Facade: The Neoliberal Co-Option Of The Feminist Movement, Anjilee Dodge, Myani Gilbert
Seattle Journal for Social Justice
No abstract provided.
Prostitution Policy: Legalization, Decriminalization And The Nordic Model,
2016
Seattle University School of Law
Prostitution Policy: Legalization, Decriminalization And The Nordic Model, Ane Mathieson, Easton Branam, Anya Noble
Seattle Journal for Social Justice
No abstract provided.
In Her Words: Recognizing And Preventing Abusive Litigation Against Domestic Violence Survivors,
2016
Seattle University School of Law
In Her Words: Recognizing And Preventing Abusive Litigation Against Domestic Violence Survivors, David Ward
Seattle Journal for Social Justice
No abstract provided.
Don’T Risk It; Wait Until She’S Sober,
2016
Seattle University School of Law
Don’T Risk It; Wait Until She’S Sober, Patrick John White
Seattle Journal for Social Justice
No abstract provided.
Let’S Talk About Sex: A Call For Guardianship Reform In Washington State,
2016
Seattle University School of Law
Let’S Talk About Sex: A Call For Guardianship Reform In Washington State, Sage Graves
Seattle Journal for Social Justice
No abstract provided.
Living Under The Boot: Militarization And Peaceful Protest,
2016
Seattle University School of Law
Living Under The Boot: Militarization And Peaceful Protest, Charlotte Guerra
Seattle Journal for Social Justice
No abstract provided.
Let’S Invest In People, Not Prisons: How Washington State Should Address Its Ex-Offender Unemployment Rate,
2016
Seattle University School of Law
Let’S Invest In People, Not Prisons: How Washington State Should Address Its Ex-Offender Unemployment Rate, Sara Taboada
Seattle Journal for Social Justice
No abstract provided.
Persistence And Resistance: Women’S Leadership And Ending Gender-Based Violence In Guatemala,
2016
Seattle University
Persistence And Resistance: Women’S Leadership And Ending Gender-Based Violence In Guatemala, Serena Cosgrove, Kristi Lee
Seattle Journal for Social Justice
No abstract provided.
Regulation Of The Sharing Economy: Uber And Beyond,
2016
Boston University School of Law
Regulation Of The Sharing Economy: Uber And Beyond, Jack M. Beermann
Shorter Faculty Works
On January 8, 2016, the Section held a program entitled “Regulation of the Sharing Economy: Uber and Beyond.” I served as moderator of the program, which included four excellent speakers, Nicole Benincasa, Attorney for Uber Technologies, Inc., Bernard N. Block, Managing Principal, Alvin W. Block & Associates, Chicago, Illinois, Randy May, Founder and President, Free State Foundation (and long-time active member of the Section) and Peter Mazer, General Counsel to the Metropolitan Taxicab Board of Trade and former General Counsel to the New York City Taxicab Licensing Commission.
The program began by asking general questions about regulatory issues concerning the …
