Law Commons^™

Catastrophic Oil Spills And The Problem Of Insurance, Kenneth S. Abraham

Vanderbilt Law Review

The BP oil spill of 2010 focused considerable attention on the operating conduct of BP, on the potential liability of BP and other entities associated with the spill, and on the fund that BP established to provide compensation to victims of the spill. Much less attention has been paid, however, to the nature and scope of insurance covering losses caused by catastrophic environmental disasters such as oil spills. BP's establishment of the Gulf Coast Claims Facility, and the compensation that will be paid by that facility, will likely dampen awareness of the mismatches between the resulting losses and the insurance …

The Deepwater Horizon Oil Spill Trust And The Gulf Coast Claims Facility: The “Superfund” Myth And The Law Of Unintended Consequences, Alfred R. Light

Golden Gate University Environmental Law Journal

Two months after the April 2010 Deepwater Horizon explosion, BP and the Obama White House announced the creation of the $20 billion Deepwater Horizon Oil Spill Trust (“the Trust”) to pay individuals and businesses suffering losses arising from the disaster. Although BP initially paid certain claimants, Kenneth R. Feinberg, a Washington lawyer who previously administered the 9/11 Compensation Fund, opened the Gulf Coast Claims Facility (“the Facility” or GCCF) in August to “independently” resolve disaster claims against BP. As publicly advertised, the Facility and the $20 billion Trust, to which it has access to pay claims, are designed to address …

Medical Malpractice And Compensation In South Africa, L. C. Coetzee, Pieter Carstens

Chicago-Kent Law Review

This article gives an overview of current medical malpractice law in South Africa. The following aspects are covered: The overall scheme for preventing and redressing medical errors and adverse events, including regulation, criminal and civil liability, and social and private insurance, and the relationships among these various systems; the details of the applicable liability and compensation systems, including criteria defining qualification for compensation, causation and "loss of chance," liability for failure to obtain informed consent, as well as matters of proof and gathering of evidence. The authors note the difficulty they had in obtaining empirical data on medical errors and …

Paying For Advice: The Role Of The Remuneration Consultant In U.K. Listed Companies, Ruth Bender

Vanderbilt Law Review

Compensation consultants are an integral part of the process of determining executive pay in large listed companies. This study reports interview-based research with protagonists in setting executive compensation in twelve FTSE 350 companies and addresses why the consultants are used, what they do, and how they are perceived.

Consultants have several important roles. Firstly, they act as experts, providing market data and advising on plan design and implementation. Because of this role, they not only guide their clients as to the requirements of the market, they also help create those selfsame market practices and norms. They also have a role …

In A 2002 Supreme Court Decision, Which Shifted Landowner And Government Expectations Regarding Temporary Regulatory Takings, The Court Held That Temporary Construction Moratoria During The Preparation Of A Comprehensive Land-Use Plan Do Not Constitute Takings Requiring Compensation. Tahoe-Sierra Preservation Council V. Tahoe Regional Planning Agency, 535 U.S. 302 (2002), Heather Cobun

University of Baltimore Journal of Land and Development

No abstract provided.

Organ Conscription: How The Dead Can Save The Living, David Schwark

Journal of Law and Health

This Note will examine the failures of uncompensated and voluntary donation and argue that the only way to meet our country's organ needs is to make donation mandatory. Part II of this Note examines the history of voluntary organ donation in the United States. This history describes the evolution of organ donation laws from the first transplant until the present day. Part II also details the consequences and shortcomings of the current system. Part III examines three other proposed solutions to the organ deficit. These possible solutions include routine requests, an organ market, and presumed consent. However, none of these …