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Articles 1 - 12 of 12
Full-Text Articles in Law
The Limits Of Regulation By Insurance, Kenneth S. Abraham, Daniel Benjamin Schwarcz
The Limits Of Regulation By Insurance, Kenneth S. Abraham, Daniel Benjamin Schwarcz
Indiana Law Journal
Insurance is an enormously powerful and beneficial method of spreading risk and compensating for loss. But even insurance has its limits. A new and misleading aspiration for insurance—that it also can and often does substitute for or significantly complement health and safety regulation—is increasingly in vogue. This vision starts from the uncontroversial recognition that insurers typically adopt measures designed to counteract “moral hazard,” the tendency of insurance to blunt policyholders’ incentives to take care. But proponents of this vision go on to contend that the risk-reducing potential of insurance is significantly more extensive than is traditionally imagined, because insurers are …
A Coffee Break For Bitcoin, Margaret Ryznar
A Coffee Break For Bitcoin, Margaret Ryznar
Indiana Law Journal
For many, the appeal of bitcoin is in its detachment from government regulation. However, the Coffee bonding theory, which initially arose in the context of foreign stocks, suggests certain benefits of regulation for bitcoin, including increased legitimacy. By invoking the Coffee bonding theory, this Article offers another perspective on the regulation of bitcoin.
Money That Costs Too Much: Regulating Financial Incentives, Kristen Underhill
Money That Costs Too Much: Regulating Financial Incentives, Kristen Underhill
Indiana Law Journal
Money may not corrupt. But should we worry if it corrodes? Legal scholars in a range of fields have expressed concern about “motivational crowding-out,” a process by which offering financial rewards for good behavior may undermine laudable social motivations, like professionalism or civic duty. Disquiet about the motivational impacts of incentives has now extended to health law, employment law, tax, torts, contracts, criminal law, property, and beyond. In some cases, the fear of crowding-out has inspired concrete opposition to innovative policies that marshal incentives to change individual behavior. But to date, our fears about crowding-out have been unfocused and amorphous; …
Regulation, Renegotiation, And Reform: Improving Transnational Public-Private Partnerships In The Wake Of The Gulf Oil Spill, John J. Mckinlay
Regulation, Renegotiation, And Reform: Improving Transnational Public-Private Partnerships In The Wake Of The Gulf Oil Spill, John J. Mckinlay
Indiana Law Journal
No abstract provided.
Regulating On The Fringe: Reexamining The Link Between Fringe Banking And Financial Distress, Jim Hawkins
Regulating On The Fringe: Reexamining The Link Between Fringe Banking And Financial Distress, Jim Hawkins
Indiana Law Journal
Critics of fringe banking—products like payday loans, pawn loans, and rent-toown leases—frequently argue that these products cause borrowers to experience financial distress. This argument has enormous intuitive appeal: Fringe credit is very costly, and usually the borrowers who use it are already in a serious financial bind. Taking on additional debt and paying high prices for it, the reasoning goes, drive them over the brink. Surprisingly, however, linking financial distress to fringe banking is extremely difficult to do. This Article represents the first attempt to uncover the relationship between fringe banking and financial distress by systematically analyzing the structure of …
Emerging Patterns For Regulation Of Consumptive Use Of Water In The Eastern United States, Sheldon J. Plager, Frank E. Maloney
Emerging Patterns For Regulation Of Consumptive Use Of Water In The Eastern United States, Sheldon J. Plager, Frank E. Maloney
Indiana Law Journal
No abstract provided.
Considerations In Determining Limitations On State Power To Regulate Motion Picture Content
Considerations In Determining Limitations On State Power To Regulate Motion Picture Content
Indiana Law Journal
No abstract provided.
The Case For Uniform Union-Security Regulation
The Case For Uniform Union-Security Regulation
Indiana Law Journal
No abstract provided.
Public Organization Of Electric Power, By John Bauer And Peter Costello, Irston R. Barnes
Public Organization Of Electric Power, By John Bauer And Peter Costello, Irston R. Barnes
Indiana Law Journal
No abstract provided.
Regulation Of Strip Coal Mining
Regulation Of Public Utilities, By Cassius M. Clay, Alvin C. Johnson
Regulation Of Public Utilities, By Cassius M. Clay, Alvin C. Johnson
Indiana Law Journal
No abstract provided.
Effective Regulation Of Public Utilities, By John Bauer, Maurice H. Merrill
Effective Regulation Of Public Utilities, By John Bauer, Maurice H. Merrill
Indiana Law Journal
No abstract provided.