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Full-Text Articles in Law
Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel
Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel
Nehal A. Patel
AbstractOver thirty years have passed since the Bhopal chemical disaster began,and in that time scholars of corporate social responsibility (CSR) havediscussed and debated several frameworks for improving corporate responseto social and environmental problems. However, CSR discourse rarelydelves into the fundamental architecture of legal thought that oftenbuttresses corporate dominance in the global economy. Moreover, CSRdiscourse does little to challenge the ontological and epistemologicalassumptions that form the foundation for modern economics and the role ofcorporations in the world.I explore methods of transforming CSR by employing the thought ofMohandas Gandhi. I pay particular attention to Gandhi’s critique ofindustrialization and principle of swadeshi (self-sufficiency) …
Crop Insurance Bad Faith: Protection For America's Farmers, Chad G. Marzen
Crop Insurance Bad Faith: Protection For America's Farmers, Chad G. Marzen
Chad G. Marzen
This article examines issues concerning the potential liability of crop insurers for insurance bad faith, and discusses cases to date on the issue of federal preemption of insurance bad faith claims under the Federal Crop Insurance Act (FCIA) and the development of a general rule that bad faith claims under state law are not preempted by the FCIA. The article argues that the crop insurance bad faith remedy is designed as a check against egregious, intentional and reckless misconduct of a crop insurer in the handling of a claim and should be preserved by the courts.
The Merrill Doctrine And Federally Reinsured Crop Insurers, Chad G. Marzen
The Merrill Doctrine And Federally Reinsured Crop Insurers, Chad G. Marzen
Chad G. Marzen
Since 1947, the Federal Crop Ins. Corp. v. Merrill decision has operated to bar claims of equitable estoppel against agents of the federal government. However, the applicability of the Merrill doctrine to insurers is unclear. There is a split of authority on this significant issue and it remains largely unresolved in numerous jurisdictions. An early trend developed where the courts applied the Merrill doctrine to alleged misrepresentations of agents of the FCIC as well as the agents of private insurers. In the early to mid 2000s, the decisions of three state courts (in Kentucky, Georgia and Tennessee) declined toe extend …