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Articles 1 - 14 of 14

Full-Text Articles in Law

Insurance, Bradley S. Wolff, Stephen L. Cotter, Stephen M. Schatz Dec 2009

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 Dec 2009

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 Nov 2009

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 Oct 2009

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 Oct 2009

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 Apr 2009

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 Apr 2009

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 Jan 2009

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 Jan 2009

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 Jan 2009

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 Jan 2009

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 Jan 2009

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 Jan 2009

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 Jan 2009

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.