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Articles 9721 - 9750 of 12632
Full-Text Articles in Law
An Analysis Of Sec And Pcaob Enforcement Actions Against Engagement Quality Reviewers: A Comment And Extension In Support Of The Nevada Effect, Anthony J. Cataldo Ii, Lori Fuller, Thomas Miller
An Analysis Of Sec And Pcaob Enforcement Actions Against Engagement Quality Reviewers: A Comment And Extension In Support Of The Nevada Effect, Anthony J. Cataldo Ii, Lori Fuller, Thomas Miller
Accounting Faculty Publications
No abstract provided.
The End Of Religious Freedom: What Is At Stake?, Nelson Tebbe
The End Of Religious Freedom: What Is At Stake?, Nelson Tebbe
Faculty Scholarship
No abstract provided.
The Paths To Griswold, Ryan Williams
School Shootings And The Legislative Push To Arm Teachers, Allen K. Rostron
School Shootings And The Legislative Push To Arm Teachers, Allen K. Rostron
Faculty Works
No abstract provided.
The Social Costs Of Choice, Free Market Ideology And The Empirical Consequences Of The 401(K) Plan Large Menu Defense, Mercer Bullard
The Social Costs Of Choice, Free Market Ideology And The Empirical Consequences Of The 401(K) Plan Large Menu Defense, Mercer Bullard
Connecticut Insurance Law Journal
This article explores the recent “hidden-fee” litigation trend that has consumed the 401(k) world and how recent decisions by these courts will likely result in reduced wealth for workers. The author challenges the “large menu defense” espoused by the Third, Seventh and Eight Circuit Courts of Appeals as not fitting within the intent of ERISA’s “safe harbor.” In addition, the author questions the logic of these decisions by suggesting that courts are evaluating the employers’ legal responsibilities using free-market ideology rather than the fiduciary duties prescribed by ERISA and questions the belief that “large menu” pension benefit plans are wealth-maximizing.
Rethinking Erisa’S Promise Of Income Security In A World Of 401(K) Plans, Lawrence A. Frolik
Rethinking Erisa’S Promise Of Income Security In A World Of 401(K) Plans, Lawrence A. Frolik
Connecticut Insurance Law Journal
This article discusses the evolution of retirement income funds from defined benefit packages to 401(k) and IRA accounts and how the changing dynamic has reshaped the way retirees think about post-retirement income. The article outlines the mechanics of 401(k) accounts and rollover IRAs in the post-retirement period and presents questions about the ability of retirees to successfully address the complex issues relating to investment choices including, what entity they entrust their savings to, the volume and source of distributions, and long-term sufficiency planning. The article suggests that an increase in the use of annuities may help to resolve some of …
The Surprising Equality Of Retirement Time: Evidence From The Health And Retirement Survey, Anthony Bonen, Teresa Ghilarducci
The Surprising Equality Of Retirement Time: Evidence From The Health And Retirement Survey, Anthony Bonen, Teresa Ghilarducci
Connecticut Insurance Law Journal
This article discusses the impact changes to the retirement age may have on the distribution of retirement time. The author investigates the length of time men and women are alive between the date of their retirement and their death, finding that the most critical factor in determining length of retirement time is and individual’s socio-economic status. As a result, the author opines that because individuals in lower economic classes tend to die earlier, increasing the retirement age will impact these individuals disproportionally and increase retirement time inequality.
Revenue Sharing In 401(K) Plans: Employers As Monitors?, Dana M. Muir
Revenue Sharing In 401(K) Plans: Employers As Monitors?, Dana M. Muir
Connecticut Insurance Law Journal
This article presents a discussion of the use of revenue sharing by mutual funds and 401(k) plan service providers. The author engages in a historical exploration of how revenue sharing has been used in 401(k) plans and highlights how regulators have taken an increased interest in ensuring disclosure of fund monies diverted for revenue sharing purposes. In addition, the article discusses how the current federal regulatory framework for employee benefits has not adapted to the increased use of 401(k) plans. The author challenges how ERISA places the burden of monitoring compensation to service providers on the employers who make the …
Retirement Policies And Related Social Changes In The Lifecycle, Russell K. Osgood
Retirement Policies And Related Social Changes In The Lifecycle, Russell K. Osgood
Connecticut Insurance Law Journal
This Essay argues that retirement policies, including retirement income and healthcare sufficiency, should be crafted in light of demographic and lifestyle changes rather than as a means to solve a larger fiscal problem. The author studies work force demographics and life expectancy in the decades following WWII as compared to today and discusses how other nations have attempted to solve the same problems currently facing the United States. As a means of addressing the increasing fiscal demands of paying for retirement, the article proposes an “omnibus” plan that extends the retirement age, introduces “means testing” for certain benefits as well …
Nfl’S Litigation Skates Onto The Ice, Melanie A. Orphanos
Nfl’S Litigation Skates Onto The Ice, Melanie A. Orphanos
Connecticut Insurance Law Journal
This article addresses the insurance implications of the pending concussion litigation between the National Hockey League and its current and former players. The author draws comparisons to similar litigation brought against the National Football League and the NFL's interactions with its insurers to forecast the obstacles the parties in the NHL litigation will face in establishing coverage by the many insurance carriers who have insured the NHL over time. The author identifies obstacles including determining the moment when coverage is “triggered” and whether certain actions by the NHL will preclude coverage and relieve the insurers of their duty to defend …
Reinsurance As Governance: Governmental Risk Management Pools As A Case Study In The Governance Role Played By Reinsurance Institutions, Marcos Antonio Mendoza
Reinsurance As Governance: Governmental Risk Management Pools As A Case Study In The Governance Role Played By Reinsurance Institutions, Marcos Antonio Mendoza
Connecticut Insurance Law Journal
Scholars have eloquently detailed the “Insurance as Governance” concept, the potential capacity for reinsurer regulatory influence on insurers, and the many aspects under which these theories may arise. This Article takes the next step in analyzing the complex reinsurer-insurer relationship through empirical research into how carriers are actually influenced by reinsurers, and what effect this has on the parties. As a case study in the governance role played by reinsurance institutions, this Article organizes survey interview responses of senior officials in the governmental entity self-insured risk management pool sector into four distinct discussion areas: (i) how reinsurers influence pools in …
The Harmonization Of European Contract Law: The Case Of Insurance Contracts, Juan Bataller Grau
The Harmonization Of European Contract Law: The Case Of Insurance Contracts, Juan Bataller Grau
Connecticut Insurance Law Journal
The harmonization of European Contract Law for consumers and businesses continues to progress; however, without some standardization of the insurance contract, it will be difficult to achieve a true single market. This Article chronicles the European Union’s activities towards this goal, including the role of the Principles of European Insurance Contract Law, which provides a set of model rules for European legislators. The Article also analyzes: (i) the appropriate legal nature of the instrument of European Contract Law; (ii) the scope of that legal instrument (e.g. whether the instrument should cover both cross-border and domestic contracts, and whether it should …
Towards A European Supervisory Authority, Javier Vercher-Moll
Towards A European Supervisory Authority, Javier Vercher-Moll
Connecticut Insurance Law Journal
Regulation (EU) no. 1094/2010, which established a European Insurance and Occupational Pensions Authority, may involve a major change to the management and supervision of private insurance in Spain and in the European Union. Thus, this Article analyzes the evolution from the original Insurance Committee, which boasted only advisory functions, to this new Authority, which has been given decision-making functions in addition to its advisory ones. The Article concludes by suggesting that in the future, this new Authority will be the sole supervisory body operating in all Member States, demonstrating a progression towards a new conception of supervision and regulation of …
Medical Big Data And Big Data Quality Problems, Sharona Hoffman
Medical Big Data And Big Data Quality Problems, Sharona Hoffman
Connecticut Insurance Law Journal
Medical big data has generated much excitement in recent years and for good reason. It can be an invaluable resource for researchers in general and insurers in particular. This Article, however, argues that users of medical big data must proceed with caution and recognize the data’s considerable limitations and shortcomings. These include data errors, missing information, lack of standardization, record fragmentation, software problems, and other flaws. This Article analyzes a variety of data quality problems and then formulates recommendations to address these deficiencies, including data audits, workforce and technical solutions, and regulatory approaches.
Fortuity Victims And The Compensation Gap: Re-Envisioning Liability Insurance Coverage For Intentional And Criminal Conduct, Erik S. Knutsen
Fortuity Victims And The Compensation Gap: Re-Envisioning Liability Insurance Coverage For Intentional And Criminal Conduct, Erik S. Knutsen
Connecticut Insurance Law Journal
Insurance is based on the notion that only uncertain, or fortuitous, losses are insurable. There are systemic problems, however, with the consistency in which fortuity clauses are applied in the liability insurance context. Differing interpretive approaches and litigation distortions include the use of at least three interpretive perspectives and two substantive requirements to interpret the intentional act fortuity clause, and four interpretive perspectives to interpret the criminal act fortuity clause. These problems stem from the tension between the two purposes of liability insurance (wealth protection and victim compensation) coupled with a move from explanatory rhetoric about fortuity to explanatory rhetoric …
Sentencing Advocacy For Immigrants In Federal Criminal Courts., Balli Roberto, Claudia Valdez
Sentencing Advocacy For Immigrants In Federal Criminal Courts., Balli Roberto, Claudia Valdez
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
A Way Forward For Tax Law And Economics? A Response To Osofsky's "Frictions, Screening, And Tax Law Design", David Gamage
A Way Forward For Tax Law And Economics? A Response To Osofsky's "Frictions, Screening, And Tax Law Design", David Gamage
Buffalo Law Review
No abstract provided.
Criminal Constitutional Avoidance, William W. Berry Iii
Criminal Constitutional Avoidance, William W. Berry Iii
Journal of Criminal Law and Criminology
No abstract provided.
The Hedonic Consequences Of Punishment Revisited, Christopher Wildeman, Kristin Turney, Jason Schnittker
The Hedonic Consequences Of Punishment Revisited, Christopher Wildeman, Kristin Turney, Jason Schnittker
Journal of Criminal Law and Criminology
No abstract provided.
Imposing Indigence: Reclaiming The Qualified Right To Counsel Of Choice In Criminal Asset Forfeiture Cases, Matthew R. Lasky
Imposing Indigence: Reclaiming The Qualified Right To Counsel Of Choice In Criminal Asset Forfeiture Cases, Matthew R. Lasky
Journal of Criminal Law and Criminology
No abstract provided.
Losing Our Innocence: The Illinois Successive Postconviction Actual Innocence Petition Standard After People V. Edwards, Vanessa J. Szalapski
Losing Our Innocence: The Illinois Successive Postconviction Actual Innocence Petition Standard After People V. Edwards, Vanessa J. Szalapski
Journal of Criminal Law and Criminology
No abstract provided.
Realizing Reliability In Forensic Science From The Ground Up, Jessica D. Gabel
Realizing Reliability In Forensic Science From The Ground Up, Jessica D. Gabel
Journal of Criminal Law and Criminology
No abstract provided.
Autocorrect? A Proposal To Encourage Voluntary Restitution Through The White-Collar Sentencing Calculus, Daniel Faichney
Autocorrect? A Proposal To Encourage Voluntary Restitution Through The White-Collar Sentencing Calculus, Daniel Faichney
Journal of Criminal Law and Criminology
No abstract provided.
The Validity Of United States V. Nazemian Following Crawford And Its Progeny: Do Criminal Defendants Have The Right To Face Their Interpreters At Trial?, John Kracum
Journal of Criminal Law and Criminology
No abstract provided.
Creating Constitutional Procedure: Frye, Lafler, And Plea Bargaining Reform, Mike Work
Creating Constitutional Procedure: Frye, Lafler, And Plea Bargaining Reform, Mike Work
Journal of Criminal Law and Criminology
No abstract provided.
Parental Incarceration: What We Know And Where We Need To Go, Christopher Uggen, Suzy Mcelrath
Parental Incarceration: What We Know And Where We Need To Go, Christopher Uggen, Suzy Mcelrath
Journal of Criminal Law and Criminology
No abstract provided.
Why So Contrived? Fourth Amendment Balancing, Per Se Rules, And Dna Databases After Maryland V. King, David H. Kaye
Why So Contrived? Fourth Amendment Balancing, Per Se Rules, And Dna Databases After Maryland V. King, David H. Kaye
Journal of Criminal Law and Criminology
No abstract provided.
"Obtaining" The Right Result: A Novel Interpretation Of The Computer Fraud And Abuse Act That Provides Liability For Insider Theft Without Overbreadth, Kevin Jakopchek
"Obtaining" The Right Result: A Novel Interpretation Of The Computer Fraud And Abuse Act That Provides Liability For Insider Theft Without Overbreadth, Kevin Jakopchek
Journal of Criminal Law and Criminology
No abstract provided.
Breaking Free Of The Prison Paradigm: Integrating Restorative Justice Techniques Into Chicago's Juvenile Justice System, Judy C. Tsui
Breaking Free Of The Prison Paradigm: Integrating Restorative Justice Techniques Into Chicago's Juvenile Justice System, Judy C. Tsui
Journal of Criminal Law and Criminology
No abstract provided.
Intellectual Asset Management At The Speed Of Business, Susan Prohofsky Krelitz, Alex Sellke
Intellectual Asset Management At The Speed Of Business, Susan Prohofsky Krelitz, Alex Sellke
Cybaris®
No abstract provided.