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Let’S Talk About Sex: A Call For Guardianship Reform In Washington State, Sage Graves 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.


Persistence And Resistance: Women’S Leadership And Ending Gender-Based Violence In Guatemala, Serena Cosgrove, Kristi Lee 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.


The Crazy Quilt Of Laws: Bringing Uniformity To Surrogacy Laws In The United States, Makenzie B. Russo 2016 Trinity College, Hartford Connecticut

The Crazy Quilt Of Laws: Bringing Uniformity To Surrogacy Laws In The United States, Makenzie B. Russo

Senior Theses and Projects

Modern technology and innovative procedures have opened the possibility of parenthood to a variety of people who can’t have children of their own—single people, people with medical issues or infertility problems, same-sex couples and other nontraditional families. The demand has spawned a proliferation of new businesses, including fertility clinics, surrogacy agencies, and online brokers specializing in matching Indian- or Ukrainian-based surrogates for prospective parents who have been confronted with surrogacy in the U.S. being either unaffordable or illegal in their home state. Since the 1980s, surrogacy has swept the nation and helped thousands of individuals realize their ...


Competition And Regulation In The Insurance Sector: Reassessing The Mccarran-Ferguson Act, Susan Beth Farmer 2016 Penn State Law

Competition And Regulation In The Insurance Sector: Reassessing The Mccarran-Ferguson Act, Susan Beth Farmer

Susan Beth Farmer

This article was presented at a symposium entitled “Public and Private: Are the Boundaries in Transition?” sponsored by the American Antitrust Institute on June 24, 2010. It proposes a different paradigm, which more precisely describes regulation and competition in the insurance sector. This relationship is the shifting boundary between state and federal regulation instead of a boundary between the public and private sectors. The McCarran-Ferguson Act was adopted to protect firms acting in the business of insurance from federal antitrust scrutiny, but its language and impact goes far beyond federal competition law. So broad is the exemption that the modern ...


Response To Professor Paul Secunda's Comparatice Analysis Of The Treatment Of Employment Claims In Insolvency Proceedings And Guarantee Schemes In Oecd Countries, Israel Goldowitz 2016 Personal Benefit Guaranty Corporation

Response To Professor Paul Secunda's Comparatice Analysis Of The Treatment Of Employment Claims In Insolvency Proceedings And Guarantee Schemes In Oecd Countries, Israel Goldowitz

Fordham Urban Law Journal

No abstract provided.


With Liberty And Access For Some: The Aca’S Disconnect For Women’S Health, Nicole Huberfeld 2016 University of Kentucky College of Law and Bioethics

With Liberty And Access For Some: The Aca’S Disconnect For Women’S Health, Nicole Huberfeld

Fordham Urban Law Journal

No abstract provided.


Healthy Reform, Healthy Cities: Using Law And Policy To Reduce Obesity Rates In Underserved Communities, Christine Fry, Sara Zimmerman, Manel Kappagoda 2016 ChangeLab Solutions

Healthy Reform, Healthy Cities: Using Law And Policy To Reduce Obesity Rates In Underserved Communities, Christine Fry, Sara Zimmerman, Manel Kappagoda

Fordham Urban Law Journal

No abstract provided.


Who’S Smiling Now?: Disparities In American Dental Health, Janet L. Dolgin 2016 Maurice A. Deane School of Law at Hofstra University

Who’S Smiling Now?: Disparities In American Dental Health, Janet L. Dolgin

Fordham Urban Law Journal

No abstract provided.


Establishing Construct Validity And Reliability: Pilot Testing Of A Qualitative Interview For Research In Takaful (Islamic Insurance), Maryam Dikko 2016 Universiti Utara Malaysia

Establishing Construct Validity And Reliability: Pilot Testing Of A Qualitative Interview For Research In Takaful (Islamic Insurance), Maryam Dikko

The Qualitative Report

This paper describes the process of the conduct of preliminary tests to determine the construct and content validity of the chosen data collection method for a study into the relationship between Islamic principles and objectives, Islamic financial law and takaful (slamic Insurance) operations and practices in Nigeria. Semi-structured interviews were tested on a select group of respondents mirroring the intended subjects in the field. The pilot test showed the construct to be both valid and reliable while giving the opportunity to insert refinements to the research tool.


No-Fault Insurance Fraud: An Overview, Louis J. Papa, Anthony Basile 2016 Touro College Jacob D. Fuchsberg Law Center

No-Fault Insurance Fraud: An Overview, Louis J. Papa, Anthony Basile

Touro Law Review

No abstract provided.


More Carrot, Less Stick: Workplace Wellness Programs & The Discriminatory Impact Of Financial And Health-Based Incentives, Emily Koruda 2016 Boston College Law School

More Carrot, Less Stick: Workplace Wellness Programs & The Discriminatory Impact Of Financial And Health-Based Incentives, Emily Koruda

Boston College Journal of Law & Social Justice

In recent years, more and more employers are turning to workplace wellness programs to combat rising health care costs by rewarding employees for improving their health-related behaviors and penalizing those who do not attain measureable health outcomes. Yet these wellness programs run counter to the goals of improving the overall health and livelihood of employees when they shift health care costs onto the employees who need lower premiums the most. There is little evidence that these programs can avoid being discriminatory. This Note analyzes the disparate impact of workplace wellness programs on low-income individuals, individuals with disabilities, and certain racial ...


The Battle To Define The Scope Of Attorney-Client Privilege In The Context Of Insurance Company Bad Faith: A Judicial War Zone, Steven Plitt, Joshua D. Rogers 2016 James E. Rogers College of Law, University of Arizona; Current successor author to the nationally acclaimed insurance treatise COUCH ON INSURANCE 3D

The Battle To Define The Scope Of Attorney-Client Privilege In The Context Of Insurance Company Bad Faith: A Judicial War Zone, Steven Plitt, Joshua D. Rogers

University of New Hampshire Law Review

[Excerpt] "The attorney-client privilege is the "oldest of the privileges for confidential communications known to the common law."' The privilege is "[d]eeply rooted in public policy," and plays a 'vital role' in the administration of justice." As such, the privilege is "traditionally deemed worthy of maximum legal protection"' and "it remains one of the most carefully guarded privileges and is not readily to be whittled down." The privilege has come under assault in the insurance bad faith context in recent decades resulting in a "whittling down" of the privilege for insurance companies as a target party. Over the past ...


The Affordable Care Act, Experience Rating, And The Problem Of Non-Vaccination, Eric Esshaki 2016 University of Michigan Law School

The Affordable Care Act, Experience Rating, And The Problem Of Non-Vaccination, Eric Esshaki

University of Michigan Journal of Law Reform Caveat

Polio, the whooping cough, and the mumps, among many other communicable diseases, were once prevalent in communities within the developed world and killed millions of people.1 The advent of vaccinations contained or eradicated several of these diseases.2 However, these diseases still exist in the environment3 and are making a comeback in the United States.4 Their persistence is directly attributable to the rising trend among parents refusing to vaccinate their children.5 One proposed solution to this problem is to hold parents liable in tort when others are harmed by their failure to vaccinate. Another proposed solution argues ...


It Saves To Be Healthy: Using The Tax Code To Incentivize Employer-Provided Wellness Benefits, Hilary R. Shepherd 2016 Indiana University Maurer School of Law

It Saves To Be Healthy: Using The Tax Code To Incentivize Employer-Provided Wellness Benefits, Hilary R. Shepherd

Indiana Law Journal

With lifestyle-related disease on the rise and an increasing number of employers being held responsible for providing health insurance to their employees, we as a society have incentives to promote wellness, even if only to cut health care costs. Part I of this Note outlines a brief history of employer-provided wellness benefits and provides a concise summary of the employer-provided wellness benefits available. Part II analyzes the relevant federal income tax law, specifically, the fringe benefits provision of the Internal Revenue Code, and concludes that under existing tax law, on-premises gym facilities do not yield any taxable income to employees ...


Personal Injury Victims As Insurance Collection Agents: Erisa Preemption Of State Antisubrogation Laws, Jonathan P. Connery 2016 Brooklyn Law School

Personal Injury Victims As Insurance Collection Agents: Erisa Preemption Of State Antisubrogation Laws, Jonathan P. Connery

Journal of Law and Policy

The Employee Retirement Income Security Act (ERISA) was enacted in 1974 to protect the pension rights of employees nationwide. However, due to its broad preemptive powers, ERISA has since developed into a tool used by health insurers to recover millions of dollars in tort damages meant to benefit employees with ERISA health plans. This practice, known as subrogation, has been met with legislative backlash in the form of state antisubrogation statutes, which attempt to limit the enforceability of subrogation clauses found in almost all ERISA health plans. However, many courts have held that ERISA preempts these antisubrogation statutes, thereby affirming ...


Reimagining The Risk Of Long-Term Care, Allison K. Hoffman 2016 University of Pennsylvania Law School

Reimagining The Risk Of Long-Term Care, Allison K. Hoffman

Faculty Scholarship

U.S. law and policy on long-term care fail to address the insecurity American families face due to prolonged illness and disability — a problem that grows more serious as the population ages and rates of disability rise. This Article argues that, even worse, we have focused on only part of the problem. It illuminates two ways that prolonged disability or illness can create insecurity. The first arises from the risk of becoming disabled or sick and needing long-term care, which could be called “care-recipient” risk. The second arises out of the risk of becoming responsible for someone else’s care ...


Banking Without Guarantees? Public Policy Considerations Concerning Insurance Company Retained Asset Accounts, Jill M. Bisco, Chad G. Marzen 2016 University of Akron

Banking Without Guarantees? Public Policy Considerations Concerning Insurance Company Retained Asset Accounts, Jill M. Bisco, Chad G. Marzen

University of Baltimore Law Review

During a child’s early years, many lessons are learned about the way the world operates. There are many lessons about language— schoolchildren learn how to write cursive, to write paragraphs, and also how to spell. There are lessons about the various continents and countries around the world, the various cultures, and the various careers one can pursue after entering into adulthood. Amidst these lessons, many will receive a piggy bank for the first time to learn the value of saving money. Over time, the value of the money in a piggy bank sometimes yields a surprise. Around a person ...


Fashion Forward: The Need For A Proactive Approach To The Counterfeit Epidemic, Casey Tripoli 2016 Brooklyn Law School

Fashion Forward: The Need For A Proactive Approach To The Counterfeit Epidemic, Casey Tripoli

Brooklyn Journal of International Law

In the last two decades, the overall activity of the counterfeit market has expanded and risen 10,000 percent. This dramatic shift corresponds to growth of the Internet, which has unified the fascination of obtaining cheap, illegitimate goods with the efficiency of a mouse click. With the expected continued inflation of the counterfeit market comes a host of new concerns, namely, how to determine who is responsible for the distribution of these knockoffs, and who should be ordained to limit them in the marketplace. In both the United States and the European Union, however, outdated laws produce a mélange of ...


Climate Change Insurance And Disasters: Is The Shenzhen Social Insurance Program A Model For Adaptation?, Anastasia Telesetsky 2016 University of Idaho College of Law

Climate Change Insurance And Disasters: Is The Shenzhen Social Insurance Program A Model For Adaptation?, Anastasia Telesetsky

Faculty Scholarship

As one of the most disaster-prone nations, China is grappling with creating effective adaptation strategies. In an effort to pool risk, Chinese officials are introducing new climate change insurance products. This Article describes one pilot product introduced in the City of Shenzhen, a global mega-city with a population of approximately fifteen million, and explores its strengths and weaknesses as a model for adaptation to climate change. This Article concludes with proposals for reducing risk within mega-cities and pooling risk among them.


Case No. 3 - Anoxic Encephalopathy In 3 Year Old With A Cardiac Arrest During Orthopedic Surgery Under General Anesthesia For A Broken Elbow, New York Law School 2016 New York Law School

Case No. 3 - Anoxic Encephalopathy In 3 Year Old With A Cardiac Arrest During Orthopedic Surgery Under General Anesthesia For A Broken Elbow, New York Law School

Patient Safety Project

Anonymous Closed Medical Liability Case - Anoxic Encephalopathy in 3 year old with a Cardiac Arrest During Orthopedic Surgery under General Anesthesia for a Broken Elbow


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