Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 19 of 19

Full-Text Articles in Law

Kidnappers Without Borders: An Epidemic In Need Of Global Solutions, Caroline Gray Mcglamry Oct 2013

Kidnappers Without Borders: An Epidemic In Need Of Global Solutions, Caroline Gray Mcglamry

Georgia Journal of International & Comparative Law

No abstract provided.


No Defense For Self-Defense: Determining Whether Courts Should Order Insurers To Represent Insureds Who Have Acted In Self-Defense, Alex Dzioba Oct 2013

No Defense For Self-Defense: Determining Whether Courts Should Order Insurers To Represent Insureds Who Have Acted In Self-Defense, Alex Dzioba

Fordham Law Review

The right to defend oneself has traditionally been heavily protected by courts in all scenarios. However, the refuge that an act of self–defense provides becomes muddled in the context of an insurance agreement. State courts are split on whether an insured who claims to have acted in self–defense is entitled to legal representation and compensation from the insurer in light of an insurance contract containing an intentional injury exclusion clause. This clause is used virtually uniformly throughout the insurance industry and it has caused courts to ponder if an act of selfdefense fits within the language of such a clause, …


Remedy For The Intentional Torts Of A Workmen's Compensation Carrier, Everett E. Demler May 2013

Remedy For The Intentional Torts Of A Workmen's Compensation Carrier, Everett E. Demler

Pepperdine Law Review

No abstract provided.


The Iowa Unemployment Appeals Telephone Hearing Process, Bruce Graham Apr 2013

The Iowa Unemployment Appeals Telephone Hearing Process, Bruce Graham

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Americans With Disabilities Act Of 1990, Robert B. Fitzpatrick Apr 2013

Americans With Disabilities Act Of 1990, Robert B. Fitzpatrick

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Administrative Courts In The Federal Republic Of Germany, Daniel L. Skoler, Cynthia E. Weixel Apr 2013

Administrative Courts In The Federal Republic Of Germany, Daniel L. Skoler, Cynthia E. Weixel

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Richard S. Schweiker V William Mcclure, David J. Agatstein Apr 2013

Richard S. Schweiker V William Mcclure, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Unemployment Insurance Committee Report, Paul Wyler Apr 2013

Unemployment Insurance Committee Report, Paul Wyler

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Punitive Damages And The Drunken Driver, William C. Cooper Feb 2013

Punitive Damages And The Drunken Driver, William C. Cooper

Pepperdine Law Review

A discussion of the history and theory of punitive damages which results in advocating their application in a drunk driving context after giving due consideration to the pros and cons of such a sanction. An analysis of case law will reveal the underlying rationale that has motivated certain jurisdictions in applying this severe penal approach in an attempt to deter and curtail the senseless destruction on our nation's highways as well as exploring the impetus behind those other jurisdictions that do not utilize the remedy of punitive damages. The culminating focus is on California's position in this regard. Finally, there …


When "Yes" Means "No": Mccarran-Ferguson, The New York Convention, And The Limits Of Congressional Assent, Aaron L. Wells Feb 2013

When "Yes" Means "No": Mccarran-Ferguson, The New York Convention, And The Limits Of Congressional Assent, Aaron L. Wells

Pepperdine Dispute Resolution Law Journal

The article focuses on the awards and arbitration of the resolution of the international commercial disputes with respect to the cross-border contracts and agreements. The enactment of the McCarran-Ferguson Act of the U.S. was for the prevention of the general applicability of the federal legislation in the authority of the states for the purpose of regulating the insurance industry. Information on the decision of the Supreme Court of the U.S. regarding this issue is also presented.


Liability Cure-All For Insidious Disease Claims, Susan Frankewich Jan 2013

Liability Cure-All For Insidious Disease Claims, Susan Frankewich

Pepperdine Law Review

Recent decisions handed down in various circuits have created virtual chaos in predicting the liability and damage amounts of insidious disease claims. At least three substantially divergent theories have been adopted to impute liability to the manufacturers of the disease catalysts. Additionally, a new trust fund concept has been used on a limited basis to reconcile differences in court decisions. The trust fund approach is relatively flexible and simple to apply in apportioning damages for insidious disease claims. The author examines and analyzes these three liability theories. In conclusion, the adoption of the trust fund concept is recommended.


Reasonable Expectations: Seeking A Principled Application, William A. Mayhew Jan 2013

Reasonable Expectations: Seeking A Principled Application, William A. Mayhew

Pepperdine Law Review

No abstract provided.


Interpreting The Recently Enacted California Underinsurance Provisions Of The Uninsured Motorist Statute, Linda M. Schmidt Jan 2013

Interpreting The Recently Enacted California Underinsurance Provisions Of The Uninsured Motorist Statute, Linda M. Schmidt

Pepperdine Law Review

No abstract provided.


The Overruling Of Royal Globe: A "Royal Bonanza" For Insurance Companies, But What Happens Now?, Michael J. Gainer Jan 2013

The Overruling Of Royal Globe: A "Royal Bonanza" For Insurance Companies, But What Happens Now?, Michael J. Gainer

Pepperdine Law Review

No abstract provided.


It Hertz To Be Number One: The Collision Damage Waiver Is Being Attacked On Multiple Fronts , Michael G. Dawson Jan 2013

It Hertz To Be Number One: The Collision Damage Waiver Is Being Attacked On Multiple Fronts , Michael G. Dawson

Pepperdine Law Review

No abstract provided.


Employers’ Use Of Health Insurance Exchanges: Lessons From Massachusetts, Mark A. Hall Jan 2013

Employers’ Use Of Health Insurance Exchanges: Lessons From Massachusetts, Mark A. Hall

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Modernizing Underinsured Motorist Coverage In Missouri: Removing The Insurance Paradox Between Uninsured And Underinsured Coverage Via Legislative Action, David W. Reynolds Jan 2013

Modernizing Underinsured Motorist Coverage In Missouri: Removing The Insurance Paradox Between Uninsured And Underinsured Coverage Via Legislative Action, David W. Reynolds

Saint Louis University Law Journal

No abstract provided.


Sacrificial Lambs: Compensating First Subscribers To Fda-Approved Medications For Postmarketing Injuries Resulting From Unlabeled Adverse Events, Rodney K. Miller Jan 2013

Sacrificial Lambs: Compensating First Subscribers To Fda-Approved Medications For Postmarketing Injuries Resulting From Unlabeled Adverse Events, Rodney K. Miller

Catholic University Law Review

No abstract provided.


Amendments To Federal Removal Statutes: Curtailing Adjudication Of Diversity Cases Or Bad Faith Causes Of Action?, Brooke M. Gaffney Jan 2013

Amendments To Federal Removal Statutes: Curtailing Adjudication Of Diversity Cases Or Bad Faith Causes Of Action?, Brooke M. Gaffney

Barry Law Review

This student comment explores the problem facing Florida insurers preventing them from exercising their right to litigate bad faith causes of action in federal court. This article demonstrates how the federal removal statutes, and amendments thereto, have potentially precluded insurers from removing some bad faith actions from state to federal court under diversity jurisdiction. This article details the divergence in opinion among Florida’s Southern and Middle District Courts in interpreting the federal removal statutes and concludes with a prediction of how the split may be resolved by the Eleventh Circuit Court of Appeals.