Law Commons^™

Casev. Pigou: A Still Difficult Debate, Enrico Baffi

enrico baffi

This paper examine the positions of Coase and Pigou about the problem of the externalities. From the reading of their most two important works it appears that Coase has a more relevant preference for a evaluation of efficiency at the total, while Pigou, with some exception, is convinced that is possible to reach marginal efficiency through taxes or compensation. It’s interesting that Coase, who has elaborated the famous theorem, is convinced that is not important to reach the efficiency at the margin every time and that sometimes is necessary a valuation at the total, that tells us which solution is …

Regulation Not Prohibition: The Comparative Case Against The Insurable Interest Doctrine, Sharo Michael Atmeh

Sharo M Atmeh

American law requires an insurable interest—a pecuniary or affective stake in the subject of an insurance policy—as a predi-cate to properly obtaining insurance. In theory, the rule prevents both wagering on individual lives and moral hazard. In practice, the doctrine is avoided by complex insurance transaction structuring to effectuate both origination and transfers of insurance by individuals without an insurable interest. This paper argues that it is time to ab-andon the insurable interest doctrine. As both the English and Aus-tralian experiences indicate, elimination of the insurable interest doctrine will have little detrimental pecuniary effect on the insurance industry, while freeing …

New York's Law Of Tax Malpractice Damages: Balanced Or Biased?, Jacob L. Todres

Jacob L. Todres

In this article Professor Todres focuses on two common elements of damages often incurred by plaintiffs who are the victims of negligently rendered incorrect tax advice—additional, avoidable taxes, and interest on underpaid taxes. Both of these types of damages appear not to be recoverable under current New York law that traces its roots to Alpert v. Shea Gould Climenko and Casey, 160 A.D.2d 67, 559 N.Y.S.2d 312 (1st Dept. 1990).

As to the non-recovery of additional taxes that could have been avoided with correct advice, Professor Todres argues that current New York law is incorrect. It is based upon Alpert, …