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Articles 1 - 14 of 14
Full-Text Articles in Law
Insurance, Bradley S. Wolff, Stephen L. Cotter, Stephen M. Schatz
Insurance, Bradley S. Wolff, Stephen L. Cotter, Stephen M. Schatz
Mercer Law Review
In this survey period from June 1, 2008 to May 31, 2009, the courts stepped in to help those injured in motor vehicle incidents collect additional sums from uninsured motorist carriers even when the available uninsured motorist (UM) coverage may be equal to or less than the tortfeasor's liability coverage. Another notable development is found in a string of cases involving victims of mortgage fraud. The victims prevailed in all three cases.
Shareholder Compensation As Dividend, James J. Park
Shareholder Compensation As Dividend, James J. Park
Michigan Law Review
This Article questions the prevailing view that securities-fraud actions suffer from a circularity problem. Because shareholder plaintiffs are owners of the defendant corporation, it is commonly argued that shareholder compensation is a payment from shareholders to themselves with substantial transaction costs in the form of attorney fees. But shareholder compensation is no more circular than a dividend, which is a cash payment to shareholders from the company they own with substantial transaction costs in the form of taxes. In fact, shareholder compensation is less circular than a dividend because it is a transfer to shareholders who purchased stock when the …
Health Care Law, Kathleen M. Mccauley, Kristi L. Vanderlaan
Health Care Law, Kathleen M. Mccauley, Kristi L. Vanderlaan
University of Richmond Law Review
No abstract provided.
Effective And Constitutional: Goals For A Hurricane Response Plan In The Aftermath Of Hurricanes Katrina And Rita, Neal Mchenry
Effective And Constitutional: Goals For A Hurricane Response Plan In The Aftermath Of Hurricanes Katrina And Rita, Neal Mchenry
Indiana Law Journal
No abstract provided.
Climate Change Disclosure: Ensuring The Viability Of The Insurance Industry While Protecting The Investor, Kevin W. Weigand
Climate Change Disclosure: Ensuring The Viability Of The Insurance Industry While Protecting The Investor, Kevin W. Weigand
William & Mary Environmental Law and Policy Review
No abstract provided.
Universal Health Care, American Pragmatism, And The Ethics Of Health Policy: Questioning Political Efficacy, Daniel S. Goldberg
Universal Health Care, American Pragmatism, And The Ethics Of Health Policy: Questioning Political Efficacy, Daniel S. Goldberg
The University of New Hampshire Law Review
[Excerpt] “This article will explore the conceptual implications of applying ethical critique and analysis to health policy. This is not to imply any reductionist conception of health policy in which ethics is absent. As Deborah Stone and John W. Kingdon both note, policy is fraught with ethical implications, and value prioritization is a sine qua non for health policy. Nevertheless, I wish to suggest that there are some conceptually significant distinctions in thinking of the ethics of health policy as opposed to thinking separately about ethics and about health policy. Moreover, these distinctions themselves are of value, both in thinking …
Entitlements: Not Just A Health Care Problem, Andrew G. Biggs
Entitlements: Not Just A Health Care Problem, Andrew G. Biggs
The University of New Hampshire Law Review
[Excerpt] “A new consensus on entitlement reform has developed in Washington: rising per-capita health care spending is the only real crisis besetting the government‘s entitlement programs, while America‘s aging population and Social Security play minor roles at best. Some cite this view to shift the policy emphasis from entitlement cost control to the restructuring of the U.S. health sector, including private health care. But this new consensus is flawed. Using standard accounting practices and including all major government entitlement programs, population aging will play an equal role with health care cost growth over the next seventy-five years and a significantly …
Restoring Sanity To Subrogation After Sereboff, Holly Ludwig
Restoring Sanity To Subrogation After Sereboff, Holly Ludwig
Nevada Law Journal
No abstract provided.
Common-Sense Construction Of Unfair Claims Settlement Statutes: Restoring The Good Faith In Bad Faith, Victor Schwartz, Christopher E. Appel
Common-Sense Construction Of Unfair Claims Settlement Statutes: Restoring The Good Faith In Bad Faith, Victor Schwartz, Christopher E. Appel
American University Law Review
This Article proposes to balance the scale by providing principles for the reasonable construction of bad-faith and unfair claims settlement practices in statutes applicable to insurance. Part I examines the history and development of bad-faith law, and discusses the common structure of statutes giving rise to badfaith settlement claims. Part II presents general principles courts may apply to resolve an action alleging bad faith, and specific principles courts may apply to address common issues with many states’ statutes. Part III then evaluates the public policy involved in applying such principles to first-party claims where the insured suffers an injury and …
Insurance Policy As Statute, The, Jeffrey W. Stempel
Insurance Policy As Statute, The, Jeffrey W. Stempel
McGeorge Law Review
No abstract provided.
To Pay Or Not To Pay: The Nevada Slayer Statute And The Insurance Companies' Dilemma, Alissa Macomber
To Pay Or Not To Pay: The Nevada Slayer Statute And The Insurance Companies' Dilemma, Alissa Macomber
Nevada Law Journal
No abstract provided.
Jumping In The Deep End? An Analysis Of The North Carolina Health Insurance Risk Pool, Megan G. West
Jumping In The Deep End? An Analysis Of The North Carolina Health Insurance Risk Pool, Megan G. West
Campbell Law Review
No abstract provided.
Vebas To The Rescue: Evaluating One Alternative For Public Sector Retiree Health Benefits, 42 J. Marshall L. Rev. 879 (2009), Susan E. Cancelosi
Vebas To The Rescue: Evaluating One Alternative For Public Sector Retiree Health Benefits, 42 J. Marshall L. Rev. 879 (2009), Susan E. Cancelosi
UIC Law Review
No abstract provided.
Trust, We Have A Problem: Chawla Ex Rel. Geisinger V. Transamerica Occidental Life Insurance Company, Its Revelation Of A Problem In Insurable Interest Statutes And The Subsequent Effect On Irrevocable Life Insurance Trusts, Mary Mahala Gardner
Oklahoma Law Review
No abstract provided.