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Articles 61 - 90 of 115
Full-Text Articles in Insurance Law
Acknowledgements, Michel Rosenfeld
The Paternalistic Ideology Of Erisa And Unforgiving Courts: Restoring Balance Through A Grand Bargain, Edward A. Zelinsky
The Paternalistic Ideology Of Erisa And Unforgiving Courts: Restoring Balance Through A Grand Bargain, Edward A. Zelinsky
Articles
No abstract provided.
The Work/Family Balance: New York's Struggle To Harmonize Domestic And Employment Spheres, Kerry Anne Hoffman
The Work/Family Balance: New York's Struggle To Harmonize Domestic And Employment Spheres, Kerry Anne Hoffman
Cardozo Journal of Equal Rights & Social Justice
The note examines the challenges faced by American workers in balancing work and family responsibilities, highlighting the limitations of the Family and Medical Leave Act (FMLA) and advocating for the implementation of paid family leave policies. It emphasizes the need for both federal and state-level reforms to address the financial and societal barriers that prevent employees, particularly low-income families and single parents, from utilizing unpaid leave. The note also explores the progress made by states like California, New Jersey, and Washington in enacting paid family leave legislation, while noting the ongoing political opposition to such measures in New York. It …
Why Contracts Scholars Should Read Legal Philosophy: Positivism, Formalism, And The Specification Of Rules In Contract Law, Curtis Bridgeman
Why Contracts Scholars Should Read Legal Philosophy: Positivism, Formalism, And The Specification Of Rules In Contract Law, Curtis Bridgeman
Cardozo Law Review
No abstract provided.
Disaster Mediation: Lessons In Conflict Coordination And Collaboration, Mel Rubin
Disaster Mediation: Lessons In Conflict Coordination And Collaboration, Mel Rubin
Cardozo Journal of Conflict Resolution
All of us have been affected by disasters, either directly or indirectly. Although natural and manmade disasters have occurred throughout history, the size and scale of future disasters will surely reach regional, national and international proportions. Indeed, there is now and forevermore a disaster industry, in which Alternative Dispute Resolution (ADR) professionals will certainly play an important role.
Arieh Israel Insurance Company Ltd V. Kaplansky, Edna Arbel, Miriam Naor, Mishael Cheshin
Arieh Israel Insurance Company Ltd V. Kaplansky, Edna Arbel, Miriam Naor, Mishael Cheshin
Translated Opinions
Facts: The respondent, a lawyer, represented a company (hereinafter ‘the company’) that filed a claim against the appellant insurance company for fire loss. Before it received the insurance payout, the company asked the respondent to sign a document stating that he no longer represented them. It explained that the insurance company refused to make the payout for as long as the respondent represented the company. The respondent signed the document. When the company received the payout, it refused to pay the respondent the agreed fee for his services. The respondent sued the company for breach of contract, and the insurance …
The Tragedy Of The Human Commons, Ronen Avraham, K. A. D. Camara
The Tragedy Of The Human Commons, Ronen Avraham, K. A. D. Camara
Cardozo Law Review
No abstract provided.
Can The Australian Model Be Applied To U.S. Moral Rights Legislation?, Joan Pattarozzi
Can The Australian Model Be Applied To U.S. Moral Rights Legislation?, Joan Pattarozzi
Cardozo Journal of International and Comparative Law
The note argues that the U.S. should adopt a more comprehensive framework for moral rights in copyright law, drawing inspiration from Australia's balanced approach, to better protect authors' personal and reputational interests while addressing concerns about market disruption and litigation. It highlights the U.S.'s current emphasis on economic rights, its limited implementation of moral rights under the Visual Artists Rights Act (VARA), and the potential for Australia's model to serve as a template for U.S. legislation.
What Does Accidental Mean?: Autoerotic Asphyxiation As An Illustration Of The Problems Affecting Accident Insurance, Gabriel Burnham
What Does Accidental Mean?: Autoerotic Asphyxiation As An Illustration Of The Problems Affecting Accident Insurance, Gabriel Burnham
Cardozo Journal of Equal Rights & Social Justice
The note argues that the legal system's inconsistent interpretation of what constitutes an "accident" in the context of accidental death insurance leads to confusion and inequitable outcomes, particularly in cases involving autoerotic asphyxiation. It advocates for federal regulation to standardize definitions and reduce discrepancies in court decisions.
Why Erzinger Could Be Revived: Are Mandatory Payments For University Insurance Plans Constitutional?, Adrian Martinez
Why Erzinger Could Be Revived: Are Mandatory Payments For University Insurance Plans Constitutional?, Adrian Martinez
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
The Enterprise Model Of Managing Conflicts Of Interest In The Tripartite Insurance Defense Relationship, Aviva Abramovsky
The Enterprise Model Of Managing Conflicts Of Interest In The Tripartite Insurance Defense Relationship, Aviva Abramovsky
Cardozo Law Review
No abstract provided.
Reasonableness For Free: Why Buy Employment Practices Liability Insurance When Eeoc.Gov Gives Protection Away?, Glenn Kramer
Reasonableness For Free: Why Buy Employment Practices Liability Insurance When Eeoc.Gov Gives Protection Away?, Glenn Kramer
Cardozo Public Law, Policy & Ethics Journal
The note argues that employers can effectively mitigate employment litigation risks by adhering to EEOC guidance and implementing anti-discrimination policies, reducing the need for Employment Practices Liability Insurance (EPLI). It emphasizes that the EEOC's free resources, including its Enforcement Guidance on Vicarious Employer Liability for Unlawful Harassment by Supervisors, provide clear standards and protections for employers, particularly smaller businesses, to avoid liability in harassment and discrimination cases. By following these guidelines, employers can demonstrate "reasonable care" and create a "safe harbor" against litigation, as supported by landmark Supreme Court rulings such as Faragher v. City of Boca Raton and …
Expert Testimony On Sexually Abused Child Syndrome In A Child Protective Proceeding: More Hurtful Than Helpful, Mary Ellen Reilly
Expert Testimony On Sexually Abused Child Syndrome In A Child Protective Proceeding: More Hurtful Than Helpful, Mary Ellen Reilly
Cardozo Public Law, Policy & Ethics Journal
The note argues that Sexually Abused Child Syndrome (SACS) testimony is unreliable and should not be admitted as corroborating evidence in child protective proceedings. It contends that SACS lacks scientific validity, is not recognized as a medical diagnosis, and fails to meet evidentiary standards for reliability. The author asserts that allowing SACS testimony violates due process rights and risks wrongful outcomes, advocating for stricter standards for expert testimony and alternative methods of substantiating abuse allegations.
The New Stage Of Corporate Governance Litigation: Section 220 Demands, Stephen A. Radin
The New Stage Of Corporate Governance Litigation: Section 220 Demands, Stephen A. Radin
Cardozo Law Review
No abstract provided.
Identifying The Linguistic Boundaries Of Sex: Court Language Choice In Decisions Regarding The Availability Of Sex And Procreation, Amy Zimmerman Hodges
Identifying The Linguistic Boundaries Of Sex: Court Language Choice In Decisions Regarding The Availability Of Sex And Procreation, Amy Zimmerman Hodges
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Indemnity, Liability, Insolvency, David Gray Carlson
Indemnity, Liability, Insolvency, David Gray Carlson
Cardozo Law Review
No abstract provided.
Maybe Not The Best Solution, But A Solution: The German Foundation Agreement, Jolie Bell
Maybe Not The Best Solution, But A Solution: The German Foundation Agreement, Jolie Bell
Cardozo Journal of Conflict Resolution
This note will question whether the processes devised by the Agreement really favor survivors, helping them to realize some form of compensation for their insurance polices. Despite the efforts of the Agreement to prevent litigation of such insurance claims, there are still cases being filed, and legislation being proposed, to try to facilitate compensatory actions at a faster pace. While the Agreement on its face seems to be a welcome solution to the vast amount of litigation, it may be that the Agreement was a convenient way for Germany to dispose of the hundreds of thousands of life insurance policy …
Retaining The Debtor's Attorney: Preemption Of Voidable Preference Law By Section 329(B), Ilana Kameros Chalfin
Retaining The Debtor's Attorney: Preemption Of Voidable Preference Law By Section 329(B), Ilana Kameros Chalfin
Cardozo Law Review
No abstract provided.
Academics And Bioterrorists: New Thinking About The New Terror, Richard Danzig
Academics And Bioterrorists: New Thinking About The New Terror, Richard Danzig
Cardozo Law Review
No abstract provided.
Special Juries: Deterring Spurious Medical Malpractice Litigation In State Courts, Alan Feigenbaum
Special Juries: Deterring Spurious Medical Malpractice Litigation In State Courts, Alan Feigenbaum
Cardozo Law Review
No abstract provided.
The Muhammad Ali Boxing Reform Act: Its Problems And Remedies, Including The Possibility Of A United States Boxing Administration, Devin J. Burstein
The Muhammad Ali Boxing Reform Act: Its Problems And Remedies, Including The Possibility Of A United States Boxing Administration, Devin J. Burstein
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Aids Caps, Contraceptive Coverage, And The Law: An Analysis Of The Federal Anti-Discrimination Statutes' Applicability To Health Insurance, Sharona Hoffman
Aids Caps, Contraceptive Coverage, And The Law: An Analysis Of The Federal Anti-Discrimination Statutes' Applicability To Health Insurance, Sharona Hoffman
Cardozo Law Review
No abstract provided.
Securities Regulation As Lobster Trap: A Credible Commitment Theory Of Mandatory Disclosure, Edward Rock
Securities Regulation As Lobster Trap: A Credible Commitment Theory Of Mandatory Disclosure, Edward Rock
Cardozo Law Review
What functions does the existing mandatory disclosure system serve? In this Article, I argue that the existing SEC system can be understood as providing issuers with a mechanism for making a credible commitment to high quality, comprehensive disclosure for an indefinite period into the future. This credible commitment device is particularly useful to new domestic issuers and to foreign issuers seeking to tap the U.S. capital markets. This credible commitment justification explains the striking but little discussed practical and formal asymmetry between the ease of entry into the SEC system and the difficulty of exit from it. I then consider …
Models Of Data Generation Vs. Models Of Events That Generate Data, Ward Edwards
Models Of Data Generation Vs. Models Of Events That Generate Data, Ward Edwards
Cardozo Law Review
No abstract provided.
Music Theory As A Mode Of Law: The Case Of Heinrich Schenker, Esq., Wayne Alpern
Music Theory As A Mode Of Law: The Case Of Heinrich Schenker, Esq., Wayne Alpern
Cardozo Law Review
No abstract provided.
The Insurance And Management Of Intellectual Property Risks, Melvin Simensky, Eric C. Osterberg
The Insurance And Management Of Intellectual Property Risks, Melvin Simensky, Eric C. Osterberg
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Born Classified, Born Free: An Essay For Henry Schwarzschild, Aviam Soifer
Born Classified, Born Free: An Essay For Henry Schwarzschild, Aviam Soifer
Cardozo Law Review
No abstract provided.
Offensive And Defensive Insurance Coverage For Patent Infringement Litigation: Who Will Pay?, Lisa A. Small
Offensive And Defensive Insurance Coverage For Patent Infringement Litigation: Who Will Pay?, Lisa A. Small
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Voidable Preferences And Proceeds: A Reconceptualization, David G. Carlson
Voidable Preferences And Proceeds: A Reconceptualization, David G. Carlson
Articles
The article examines the complexities surrounding voidable preferences and proceeds in bankruptcy law, particularly when a secured creditor holds a floating lien on a debtor's assets. It argues that payments made by the debtor to unsecured creditors using encumbered funds can be recovered by the bankruptcy trustee as voidable preferences, provided the creditor cannot trace the funds back to their trust property. The analysis critiques existing case law and proposes that the voidable preference right is never part of the debtor's estate, instead being held by the trustee. The article also challenges the notion that good faith purchasers should retain …
Introduction: Three Contributions To Three Important Problems In Evidence Scholarship, Peter Tillers
Introduction: Three Contributions To Three Important Problems In Evidence Scholarship, Peter Tillers
Cardozo Law Review
This issue of the Cardozo Law Review is graced with original contributions about three fundamental problems in evidence scholarship and the law of evidence. First, in an exchange of views about legal remedies for the wrongful infliction of "evidential damage," Professors Ariel Porat and Alex Stein, on the one hand, and Professor Richard Friedman, on the other, touch on some of the difficulties that are associated with the nearly oxymoronic task of measuring the harm done by the destruction or loss of unknown evidence. Second, in an article about the relationship between estimation of drug quantities and burdens of proof, …