Derecho De La Seguridad Social En México, 2010 ITESM Campus Puebla
Derecho De La Seguridad Social En México, Bruno L. Costantini García
Bruno L. Costantini García
Breve presentación del Derecho de la Segurida Social en México.
The Insurance Industry's Antitrust Immunity, 2010 University of Pennsylvania Law School
The Insurance Industry's Antitrust Immunity, Herbert J. Hovenkamp
Faculty Scholarship at Penn Law
The 1945 McCarran-Ferguson Act provides that federal legislation generally, including the antitrust laws, is “applicable to the business of insurance [only] to the extent that such business is not regulated by State law.” The statute was enacted after United States v. South Eastern Underwriters Assn. (1944), held that insurance transactions were “interstate commerce” and thus subject to the antitrust laws. That case had in turn undermined the traditional view expressed in Paul v. Virginia (1868), that insurance was not interstate commerce, but strictly local transactions. The South Eastern case followed in turn upon the Supreme Court's decision in Wickard ...
The Legal & Business Aspects Of Career-Ending Disability Insurance Policies In Professional And College Sports, 2010 Villanova University Charles Widger School of Law
The Legal & Business Aspects Of Career-Ending Disability Insurance Policies In Professional And College Sports, Glenn M. Wong, Chris Deubert
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Failure To Allocate? Nobody Pays: Using Miller Shugart Settlements In Cases Of Questionable Insurance Coverage, 2010 Mitchell Hamline School of Law
Failure To Allocate? Nobody Pays: Using Miller Shugart Settlements In Cases Of Questionable Insurance Coverage, Jerome Abrams
Journal of Law and Practice
No abstract provided.
Contracting On Standard Forms For International Sales Of Goods, 2010 UPO Seville (PhD c.)
Contracting On Standard Forms For International Sales Of Goods, Angelo Giampietro Avv.
Angelo Giampietro Avv.
In the international sales of goods adopting standard form contract and Incoterms can result in an advantageous manner of contracting. We will try to critically consider the extent to which it can facilitate parties to such agreements. First of all, because standard form contract is a result of experience and legal expertise in the field, which include events that can happen, leading to reasonable solutions, the use facilitate trading ensuring predictability, consistency, and increased efficiency in business relations; saving time and money in negotiating efforts and drafting individual contracts. It is the application of the principle of freedom of contract ...
Regulation Insurance Sales Or Selling Insurance Regulation: Against Regulatory Competition In Insurance, 2010 University of Minnesota Law School
Regulation Insurance Sales Or Selling Insurance Regulation: Against Regulatory Competition In Insurance, Daniel Benjamin Schwarcz
Daniel Benjamin Schwarcz
In certain regulatory regimes, including those governing banking and corporate law, firms are permitted to choose among multiple competing regulators. This Article examines the desirability of such regulatory competition in the context of property, casualty and life insurance markets. It analyzes various different approaches to structuring such regulatory competition, including those embodied in two recent reform proposals, the Optional Federal Charter (OFC) and the Single License Proposal (SLP). Ultimately, the Article argues that regulatory competition of any sort would undermine the core goals of insurance regulation, harming consumers, insurers, and third parties.
Charles Sumner: History's Misunderstood Idealist, 2010 Florida State University
Charles Sumner: History's Misunderstood Idealist, Chad G. Marzen
Chad G. Marzen
Few historical figures in the history of the United States have received such contrasting treatment by historians and scholars than Senator Charles Sumner. One view of Sumner mainly focuses on Sumner as a “Cardboard Yankee,” a figure who was arrogantly too tied to principle and was someone who seldom tried to understand others, was lacking in humor, was a pedant, lacked the judgment and self-control to be effective in settling disputes, and was unable to compromise.
A more recent “revised” interpretation of Sumner contends Sumner was driven into reform movements and politics for two reasons: first, that Sumner believed the ...
Protecting Statements In Catholic Tribunal Proceedings Under The Priest-Penitent Privilege: Cimijotti V. Paulsen Considered, 2010 Florida State University
Protecting Statements In Catholic Tribunal Proceedings Under The Priest-Penitent Privilege: Cimijotti V. Paulsen Considered, Chad G. Marzen
Chad G. Marzen
No abstract provided.
The Furundzija Judgment And Its Continued Vitality In International Law, 2010 Florida State University
The Furundzija Judgment And Its Continued Vitality In International Law, Chad G. Marzen
Chad G. Marzen
The Furundzija decision of the International Criminal Tribunal for the Former Yugoslavia stands as a landmark decision in international jurisprudence since it not only affirmed that the norm prohibiting torture has attained jus cogens status under international law, but expanded accountability and liability for violations of commission as well as omission. In this essay, I not only address Furundzija’s holdings and its implications in the international sphere, but specifically analyze the legacy of the Furundzija judgment on U.S. domestic civil cases involving the Alien Tort Statute.
Significantly, the Tribunal’s decision not only properly recognizes faults and crimes ...
All In Your Head: A Comprehensive Approach To Somatoform Disorders In Adult Disability Claims, 2010 Washington University School of Law
All In Your Head: A Comprehensive Approach To Somatoform Disorders In Adult Disability Claims, Gregory C. Flatt
Washington University Law Review
No abstract provided.
Insurance Perspectives On Federal Financial Regulatory Reform: Addressing Misunderstandings And Providing A View From A Different Paradigm, 2010 Villanova University Charles Widger School of Law
Insurance Perspectives On Federal Financial Regulatory Reform: Addressing Misunderstandings And Providing A View From A Different Paradigm, Jeffrey E. Thomas
Villanova Law Review
The article discusses the insurance regulation in the U.S. and its role in the financial crisis. It states that the collapse of American International Group (AIG) was not an insurance regulatory failure. It describes the scope and approach to state insurance regulation and the development and functioning of the National Association of Insurance Commissioners (NAIC). The role played by the courts in insurance regulation is also addressed.
Anything But A Breeze: Moving Forward Without Nfip Wind Coverage, 2010 Boston College Law School
Anything But A Breeze: Moving Forward Without Nfip Wind Coverage, Michael A. Brown
Boston College Environmental Affairs Law Review
The storm season of 2005, with the indelible images of Hurricane Katrina stuck in our minds forever, left much of the Gulf Coast devastated. The aftermath of the storm also caused serious damage to the National Flood Insurance Program (NFIP or the Program), which provides federally subsidized flood insurance to communities participating in the Program. Following the storms of 2005, many home and building owners and insurance companies began to disagree about the terms of their agreements and the cause of damage upon these structures. The main point of dispute was whether damage could be attributed strictly to flooding, to ...
Erisa & Uncertainty, 2010 Oklahoma City University School of Law
Erisa & Uncertainty, Brendan S. Maher, Peter K. Stris
Washington University Law Review
In the United States, retirement income and health insurance are largely provided through private promises made incident to employment. These “benefit promises” are governed by a statute called ERISA, which many health care and pension scholars argue is the cause of fundamental problems with our nation’s health and retirement policy. Inevitably, however, they advance narrowly tailored proposals to amend the statute. This occurs because of the widely held view that reform should leave undisturbed the underlying core of the statute. This Article develops a theory of ERISA designed to illustrate the unavoidable need for structural reform.
Consent To Settle? A New Twist In The Tri-Partite Relationship, 2010 Barry University School of Law
Consent To Settle? A New Twist In The Tri-Partite Relationship, David F. Tavella
Barry Law Review
This article discusses the tri-partite relationship in litigation between insurers, the insured, and retained counsel. This article further discusses the complications for plaintiffs who wish to settle a case with defense counsel retained by the insurance carrier, and the ethical considerations that may arise under the Model Rules of Professional conduct when settlement is at the direction of the insurance carrier.
The Insurance Policy As Statute, 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law
The Insurance Policy As Statute, Jeffrey W. Stempel
Insurance policies are classified as a subspecies of contract. Although the taxonomy is correct, rigid adherence to this classification system limits the legal system's ability to deal with some of the most problematic and frequently litigated questions of insurance coverage. Restricting conception of insurance policies to the contract model unduly limits analysis of the meaning and function of the policies. In addition, restricting characterization of insurance as a matter of “contract” does not necessarily produce swift, inexpensive, efficient, or uniform decisions (to say nothing about accuracy, justice, or fairness). Within contract law, scholars, and courts differ over the respective ...
Cost Containment And The Patient Protection And Affordable Care Act, 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law
Cost Containment And The Patient Protection And Affordable Care Act, David Orentlicher
In this article, Professor Orentlicher discusses the need for containing costs, as well as increasing access, for health case in the United States. He argues that for decades, the U.S. health care system has grappled with two key problems - inadequate access to coverage and increasingly unaffordable health care costs. During the debate that led to the enactment of the Patient Protection and Affordable Care Act, public officials recognized the need to address the problems of both access and cost, but in the end, the Act does far more about increasing access than it does about cutting costs. Professor Orentlicher ...
Desperate Doctors And Antitrust Laws: The Best Ways For Lawmakers To Simulate Physician Collective Bargaining, 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law
Desperate Doctors And Antitrust Laws: The Best Ways For Lawmakers To Simulate Physician Collective Bargaining, Cristina Olson
Nevada Law Journal
This Note will examine the legality of bills that open up physician collective bargaining—and what kind of provisions lawmakers should include to ensure legality and good policy. Given the current economic downturn, states must look for ways to make health insurance more affordable; a low-cost adjustment of collective bargaining rules may be a good solution. Such an adjustment would not be the only, or necessarily the best, solution to the healthcare cost crisis that exists in America, but it would be worthwhile for legislators to consider. Furthermore, if lawmakers craft legislation that puts state governments in charge of actively ...
Misclassifying The Insurance Policy: The Unforced Errors Of Unilateral Contract Characterization, 2010 University of Hawaii
Misclassifying The Insurance Policy: The Unforced Errors Of Unilateral Contract Characterization, Hazel G. Beh, Jeffrey W. Stempel
Insurance policies are traditionally classified as unilateral or “reverse-unilateral” contracts, a characterization we find largely incorrect, with problematic consequences for adjudication of insurance coverage disputes. In addition to the general difficulties attending the unilateral classification, the concept as applied to insurance policies is not only unhelpful but incorrect. Insurance policies are more accurately viewed as bilateral contracts. In addition, the unilateral characterization of insurance policies introduces error and inconsistency into the litigation of insurance controversies. In particular, the unilateral view tends toward excessive formalism and focus on so-called “conditions” precedent to coverage, eschewing material breach analysis and encouraging needless forfeitures ...
Insurance And Climate Change, 2010 University of Montana School of Law
Insurance And Climate Change, Greg Munro
Faculty Journal Articles & Other Writings
This article examines insurance industry awareness of climate change and its implications, what risks it presents to insureds and insurers, what action insurers are taking to address it, and how the insurance industry could be a major force in getting the world to address climate change and mitigate its effects.
The Mccarran-Ferguson Act's Intersection With Foreign Insurance Companies, 2010 Cleveland State University
The Mccarran-Ferguson Act's Intersection With Foreign Insurance Companies, Angela D. Krupar
Cleveland State Law Review
This Note is designed to answer a simple question: must insurance companies incorporated in foreign countries follow the same rules as their competitors incorporated in this country? More specifically, it addresses whether the McCarran-Ferguson Act should reach foreign insurance companies and foreign commerce.