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Newsletter Vol.16 No.1 1988, National Center For The Study Of Collective Bargaining In Higher Education And The Professions

National Center Newsletters

No abstract provided.

Santa Clara Magazine, Volume 30 Number 2, Winter 1988, Santa Clara University

Santa Clara Magazine

10 - UNDERSTANDING THE NEW SOVIETS A first-person account of the Soviet Union today by the author of two books on Russia. By Jim Garrison

16 - HOW TO GET INTO ADVERTISING An English graduate goes from waiting tables to a senior vice presidency on Madison Avenue. By Barbara Boyle

20 - 1988 ECONOMIC FORECAST For 15 years, Mario Belotti's been making forecasts that are amazingly accurate. By Mario Belotti

22 - SANTA CLARA AND THE POPES Reviewing historic links with Rome shows how it affected SCU. By Gerald McKevitt, S.J.

26 - SCU'S ETERNAL FLAIM Biology professor Frank Flaim …

Liability Of The Gratuitous Carrier And Its Impact On The Insurance Contract, Mohamed Al Kachbour

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

The paper analyzes the legal regime governing gratuitous carriage (transport without remuneration) and the resulting standard of liability. It explores how this qualification influences insurance coverage, particularly when assessing fault, exclusions, and the insurer’s right of recourse. The study highlights interpretative difficulties and proposes avenues to better align liability rules with insurance practice.

Adventures In Finance, Deborah A. Demott

Faculty Scholarship

No abstract provided.

Ethics In Academia, Diether H. Haenicke

Center for the Study of Ethics in Society Papers

This paper is based on a presentation made to the WMU Center for the Study of Ethics in Society, April 4, 1986.

"All Cretans Are Liars": The Fight Against Corporate Crime, John Flood

Articles by Maurer Faculty

No abstract provided.

Workable Antitrust Law: The Statutory Approach To Antitrust, Thomas C. Arthur

Faculty Articles

This Article will demonstrate the superiority of the statutory approach for producing more stable and consistent antitrust law. Part I details the development of the constitutional approach to antitrust, demonstrating how the rise of the pragmatic and instrumentalist view of law led to the displacement of the original statutory approach to antitrust. Part II illustrates that the constitutional approach fundamentally cannot produce workable antitrust law. It summarizes both the doctrinal disarray that continues to plague each major area of antitrust law and the irreconcilable policy prescriptions of the contending antitrust "schools." Part III presents an alternative, statutory approach to antitrust …

A Crisis In Insurance, Benjamin Lipson

New England Journal of Public Policy

As the life and health insurance industry evaluates its long-term financial goals, the cloud of Black Monday — October 19, 1987, the day the stock market collapsed — blurs its cherished investment income projections. With investment portfolios under siege, mutual life insurance companies and stock companies alike are wary of making policy-pricing miscalculations that could prove to be disastrous. As if that weren't enough, one single disease — acquired immunodeficiency syndrome — looms as the most serious threat to life and health insurers for the remainder of this century. The spread of the new disease has caused insurers to adjust …

The Problem Of Compulsory Insurance For Buildings Under Construction, Abdelkader El Araari

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This study examines the legal and practical difficulties of compulsory insurance in the construction sector, focusing on buildings under construction. It discusses the rationale and social importance of such insurance, reviews the relevant legal framework, and highlights obstacles to effective implementation, before proposing avenues for reform.

Reflections On Marine Insurance In Morocco: Claims Settlement Practice For Hull And Cargo Policies, Hamid Besri

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

Drawing on Moroccan practice, this paper reviews marine insurance and focuses on how claims are handled and settled under hull and cargo policies. It outlines the main stages of adjustment (notification, expertise, valuation and settlement), and discusses recurring difficulties related to documentation, causation, and quantification of loss. The analysis highlights the interaction between local market practice and international standards, including reinsurance arrangements.

The Position Of Islamic Jurists On The Commercial Insurance Contract, Mohamed Jouhar

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This paper examines how Islamic jurists have approached the commercial insurance contract, focusing on its legal characterization and the main doctrinal arguments advanced for prohibition or permissibility. It discusses key issues such as uncertainty (gharar), usury (riba) and gambling-like elements (maisir), and reviews the reasoning used to reconcile modern insurance with classical contract categories. The article also highlights alternative models, including cooperative/takaful arrangements, as responses to these debates.

The Role Of Insurance Law In Accident Prevention, El Haji Benasser

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article argues that insurance law is not only a mechanism for compensation but can also play a preventive role by influencing behavior through incentives and contractual/regulatory tools. It discusses premium-based mechanisms (bonus–malus, deductibles, exclusions), information duties, and public regulation aimed at reducing accident frequency and severity. The paper also addresses limits such as moral hazard and suggests ways to strengthen prevention-oriented insurance policy.

The Solvency Of Insurance Companies, Zolikhia Nasri

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article explains why solvency is central to the insurance business and clarifies the main components used to assess it: premium/pricing adequacy, the constitution of reserves (technical provisions), the assets backing those provisions, and own funds. It also discusses the role and limits of supervisory control in ensuring insurers remain able to meet their obligations.

Compensation For Permanent Physical Disability And Related Damages Of Motor Vehicle Accident Victims (Dahir Of 2 October 1984), Abdallah Khial

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

Focusing on Moroccan rules on motor-vehicle accidents, the article explains how courts and experts assess permanent disability and additional heads of damage (economic loss and physiological harm). It discusses expertise procedures and the use of reference scales in quantifying compensation.

Synthesis Report, Larbi Ben Othmane

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This synthesis report summarizes the main ideas discussed during a three-day colloquium on insurance in Morocco. It highlights key conceptual issues (risk, loss, forecasts, pooling, mutuality and indemnification), and outlines major legal, economic and social questions raised by participants.

Opening Address By The Minister Of Finance, Mohamed Berrada, Mohamed Berrada

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

Opening remarks delivered at a conference on insurance law and practice, emphasizing dialogue between academia, practitioners, and public administration. The speech underlines insurance’s growing role in economic and social life and the value of aligning legal rules with practical realities.

Opening Address By The Dean Of The Faculty, Mohamed Benani

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

In this opening address, the Dean welcomes participants and frames the objectives of the scientific meeting devoted to insurance and its legal and practical dimensions. The speech emphasizes dialogue between academics and practitioners and encourages the exchange of experience and expertise.

Address By The Minister Of National Education, Mohamed El Hilali

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This address underlines the growing complexity of modern life and the rise of risks (accidents, disability, illness and old age), arguing that insurance is essential for protecting people and supporting economic activity. It recalls key features of the development of insurance in Morocco and calls for updated legal rules and modern regulation to strengthen the sector’s economic and social role.

Legal Protection Insurance As A Pathway To Access To Justice, Henri Margeat

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

The paper presents legal protection insurance as a practical mechanism to help individuals and firms access legal advice, representation, and litigation services. It discusses its evolution and the challenges of managing conflicts of interest and controlling costs.

Fraudulent Loss Declarations In Property Insurance, Roger Bout

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

The study analyzes fraudulent claims in property insurance, distinguishing between invented losses and distorted declarations. It examines the legal consequences for coverage and discusses the balance between contractual sanctions and penal liability.

Introductory Report, Azeddine Kettani

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This introductory report provides a historical overview of insurance and insurance law in Morocco, from the protectorate period to post-independence reforms. It discusses the expanding role of insurance in economic development, the structure of the insurance market, and key challenges for regulation and modernization.

The Obligation To Declare The Shipment In The Floating Policy, Ahmed Al Yousfi Al Barqi

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article examines the duty of disclosure of each shipment under a floating (open) insurance policy. It clarifies why accurate declaration is essential to define the insured subject-matter, calculate the premium, and avoid disputes at the time of claim.

Is The Environment Insurable? Pollution Risks And Insurance Uncertainties, Mohamed Ali Mekouar

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article explores whether environmental and pollution-related losses can be effectively insured. It reviews the specific nature of environmental damage, the difficulties of pricing and defining the risk, and the limits of traditional insurance responses.

Taxation Of Insurance, M. Tahiri

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This paper outlines the fiscal framework applicable to insurance companies and insurance activities, distinguishing between general corporate taxation and taxes specific to the insurance industry and insurance contracts. It reviews the main indirect taxes and levies affecting premiums and operations, and discusses their economic impact on market development. The contribution concludes with incentive-oriented proposals designed to support sector growth while safeguarding public revenues.

Motor Insurance: Compensation Of Road Accident Victims, Yvonne Lambert-Faivre

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This comparative note reviews reforms concerning compensation of road accident victims, contrasting approaches in Morocco and France. It highlights the objectives of special compensation schemes and the practical issues of their application alongside general tort law.

The Insurance Operation, Mohamed Kamal Chaoui

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

The article introduces the insurance operation as a contractual mechanism based on risk pooling and mutuality. It outlines the role of premiums, the organization of insurers, and the importance of regulatory rules to protect policyholders and ensure sound management of funds.

Supervision Of Insurance Operations In Morocco, Hassan Ouazzani Chahdi

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This paper discusses why the supervision of insurance undertakings is essential for policyholder protection and market stability. It describes the specificities of insurance operations and the main objectives and instruments of state oversight in Morocco.

An Attempt To Define The Insurance Contract In The Light Of Muslim Law, Drissi Alami

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

The article revisits the notion of the insurance contract through the lens of Muslim law, reviewing key doctrinal debates and the conditions under which insurance may be considered acceptable. It proposes conceptual clarifications to reduce confusion between legal-religious prescriptions and practical insurance arrangements.

Comparative Study Of Hull And Cargo Policies Offered By The Marine Insurance Market, Hassania Cherkaoui

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This comparative study examines hull and cargo policy wordings and the main coverage options offered by the marine insurance market. It identifies the specificities of maritime risks, reviews covered events, exclusions and warranties, and discusses how different combinations of clauses allocate responsibilities between insurer and insured. The paper also considers the adaptability of policy forms to the Moroccan market and maritime trade needs.

Health Risk: Complementarity Of Social And Private Insurance, Denis-Clair Lambert

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This contribution compares the weight of healthcare spending and coverage models in industrialized countries and developing contexts, with a focus on how financing constraints affect access to care. It discusses complementarities and tensions between compulsory social insurance schemes and private insurance, including issues of equity, risk selection, and cost containment. The article identifies policy directions to expand protection while preserving solidarity and financial sustainability.