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Trusts No More: Rethinking The Regulation Of Retirement Savings In The United States, Natalya Shnitser 2016 Boston College Law School

Trusts No More: Rethinking The Regulation Of Retirement Savings In The United States, Natalya Shnitser

Boston College Law School Faculty Papers

The regulation of private and public pension plans in the United States begins with the premise that employer-sponsored plans resemble traditional donative, or gift, trusts. Accordingly, the Employee Retirement Income Security Act of 1974 (ERISA) famously “imports” major principles of donative trust law for the regulation of private employer-sponsored pension plans. Statutes regulating state and local government pension plans likewise routinely invoke the structure and standards applicable to donative trusts. Judges, in turn, adjudicate by analogy to the common law trust.

This Article identifies the flaws in the analogy and analyzes the shortcomings of a regulatory framework that, despite dramatic ...


Khoury V. Seastrand, 132 Nev. Adv. Op. 52 (July 28, 2016), Ronni Boskovich 2016 Nevada Law Journal

Khoury V. Seastrand, 132 Nev. Adv. Op. 52 (July 28, 2016), Ronni Boskovich

Nevada Supreme Court Summaries

The Court considered three consolidated appeals from a district court judgment, pursuant to a jury verdict, and post-judgment orders awarding costs and denying a new trial in a personal injury action. While the Court addressed numerous issues, the following three questions comprised the bulk of the consolidated appeals: (1) whether an attorney may ask prospective jurors questions concerning a specific verdict amount to determine potential bias or prejudice; (2) whether repeatedly asking questions about that specific amount results in jury indoctrination warranting a mistrial; and (3) when a district court abuses its discretion in dismissing jurors for cause under Jitnan ...


Late Harvest And Crop Insurance Coverage, William M. Edwards 2016 Iowa State University

Late Harvest And Crop Insurance Coverage, William M. Edwards

William Edwards

Iowa and other Corn Belt states are experiencing one of the latest and slowest harvest seasons on record. Some producers have had concerns about whether their crop insurance coverage will be still be in effect if harvesting drags into December.


Late Harvest And Crop Insurance Coverage, William M. Edwards 2016 Iowa State University

Late Harvest And Crop Insurance Coverage, William M. Edwards

William Edwards

Iowa and other Corn Belt states are experiencing one of the latest and slowest harvest seasons on record. Some producers have had concerns about whether their crop insurance coverage will be still be in effect if harvesting drags into December.


Grain Producers Need To Consider Crop Insurance Options For Late Planting And Replanting, William M. Edwards 2016 Iowa State University

Grain Producers Need To Consider Crop Insurance Options For Late Planting And Replanting, William M. Edwards

William Edwards

The frequent rains that have soaked Iowa this year have left many corn and soybean fields with areas where little or no production will be realized. Many producers are wondering what options they have under their multiple peril crop insurance policies.


Crop Insurance Has Some Changes For 2009, William M. Edwards 2016 Iowa State University

Crop Insurance Has Some Changes For 2009, William M. Edwards

William Edwards

Crop insurance indemnity prices, guarantees and premiums were all at record levels for corn and soybeans in 2008. Current market conditions make it unlikely that those levels will be reached again in 2009, but they will still be attractive. The Risk Management Agency has announced indemnity prices of $4 per bushel for corn and $9.90 per bushel for soybeans for APH (yield) insurance guarantees for 2009, the second highest prices ever offered. Prices for revenue insurance policies will not be known until the end of February.


Crop Insurance Has Some Changes For 2009, William M. Edwards 2016 Iowa State University

Crop Insurance Has Some Changes For 2009, William M. Edwards

William Edwards

Crop insurance indemnity prices, guarantees and premiums were all at record levels for corn and soybeans in 2008. Current market conditions make it unlikely that those levels will be reached again in 2009, but they will still be attractive. The Risk Management Agency has announced indemnity prices of $4 per bushel for corn and $9.90 per bushel for soybeans for APH (yield) insurance guarantees for 2009, the second highest prices ever offered. Prices for revenue insurance policies will not be known until the end of February.


Grain Producers Need To Consider Crop Insurance Options For Late Planting And Replanting, William M. Edwards 2016 Iowa State University

Grain Producers Need To Consider Crop Insurance Options For Late Planting And Replanting, William M. Edwards

William Edwards

The frequent rains that have soaked Iowa this year have left many corn and soybean fields with areas where little or no production will be realized. Many producers are wondering what options they have under their multiple peril crop insurance policies.


Late Harvest And Crop Insurance Coverage, William M. Edwards 2016 Iowa State University

Late Harvest And Crop Insurance Coverage, William M. Edwards

William Edwards

Iowa and other Corn Belt states are experiencing one of the latest and slowest harvest seasons on record. Some producers have had concerns about whether their crop insurance coverage will be still be in effect if harvesting drags into December.


Crop Insurance Has Some Changes For 2009, William M. Edwards 2016 Iowa State University

Crop Insurance Has Some Changes For 2009, William M. Edwards

William Edwards

Crop insurance indemnity prices, guarantees and premiums were all at record levels for corn and soybeans in 2008. Current market conditions make it unlikely that those levels will be reached again in 2009, but they will still be attractive. The Risk Management Agency has announced indemnity prices of $4 per bushel for corn and $9.90 per bushel for soybeans for APH (yield) insurance guarantees for 2009, the second highest prices ever offered. Prices for revenue insurance policies will not be known until the end of February.


Late Harvest And Crop Insurance Coverage, William M. Edwards 2016 Iowa State University

Late Harvest And Crop Insurance Coverage, William M. Edwards

William Edwards

Iowa and other Corn Belt states are experiencing one of the latest and slowest harvest seasons on record. Some producers have had concerns about whether their crop insurance coverage will be still be in effect if harvesting drags into December.


Grain Producers Need To Consider Crop Insurance Options For Late Planting And Replanting, William M. Edwards 2016 Iowa State University

Grain Producers Need To Consider Crop Insurance Options For Late Planting And Replanting, William M. Edwards

William Edwards

The frequent rains that have soaked Iowa this year have left many corn and soybean fields with areas where little or no production will be realized. Many producers are wondering what options they have under their multiple peril crop insurance policies.


Crop Insurance Has Some Changes For 2009, William M. Edwards 2016 Iowa State University

Crop Insurance Has Some Changes For 2009, William M. Edwards

William Edwards

Crop insurance indemnity prices, guarantees and premiums were all at record levels for corn and soybeans in 2008. Current market conditions make it unlikely that those levels will be reached again in 2009, but they will still be attractive. The Risk Management Agency has announced indemnity prices of $4 per bushel for corn and $9.90 per bushel for soybeans for APH (yield) insurance guarantees for 2009, the second highest prices ever offered. Prices for revenue insurance policies will not be known until the end of February.


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 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 ...


An Opening For Civil Rights In Health Insurance After The Affordable Care Act, Valarie K. Blake 2016 West Virginia University College of Law

An Opening For Civil Rights In Health Insurance After The Affordable Care Act, Valarie K. Blake

Boston College Journal of Law & Social Justice

Section 1557, the civil rights provision of the Affordable Care Act (“ACA”), is unmatched in its reach, widely applying race, gender, disability, and age discrimination protections across all areas of healthcare. This Article will explore the value added of a civil rights approach to combating health insurance discrimination when combined with other ACA anti-discrimination efforts that were designed to regulate the health insurance market. It will emphasize the role that section 1557 can play in combatting healthcare disparities and will explore the utility of disparate impact and disparate treatment claims to those cases. Lastly, the Article will posit that two ...


Nfib V. Sebelius And The Individual Mandate: Thoughts On The Tax/Regulation Distinction, Kyle D. Logue 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 ...


Sex, Videos, And Insurance: How Gawker Could Have Avoided Financial Responsibility For The $140 Million Hulk Hogan Sex Tape Verdict, Christopher French 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 ...


Rate Me: Risk Assessment Drones And The Resurrection Of Discriminatory Insurance Practices, Lucas M. Barta 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, Gordon Butler 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 far ...


Sex, Videos, And Insurance: How Gawker Could Have Avoided Financial Responsibility For The $140 Million Hulk Hogan Sex Tape Verdict, Christopher French 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

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 ...


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