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Articles 91 - 115 of 115
Full-Text Articles in Insurance Law
The Medical Malpractice Crisis In Obstetrics: A Gestalt Approach To Reform, Elizabeth Swire Falker
The Medical Malpractice Crisis In Obstetrics: A Gestalt Approach To Reform, Elizabeth Swire Falker
Cardozo Journal of Equal Rights & Social Justice
The medical malpractice crisis in obstetrics has led to a decline in practicing obstetricians, particularly in high-risk and rural areas, disproportionately affecting disadvantaged women. This crisis is driven by high malpractice insurance premiums, defensive medicine practices, and poor physician-patient communication. The article proposes reforms, including the integration of certified nurse-midwives, improved communication strategies, and alternative compensation systems, to reduce litigation, stabilize insurance markets, and improve access to care.
Darkness In The Land Of The Rising Sun: How The Japanese Discriminate Against Ethnic Koreans Living In Japan, Paul E. Kim
Darkness In The Land Of The Rising Sun: How The Japanese Discriminate Against Ethnic Koreans Living In Japan, Paul E. Kim
Cardozo Journal of International and Comparative Law
The note examines the systemic discrimination faced by ethnic Koreans in Japan, rooted in historical, legal, and social structures. It argues that despite constitutional guarantees of equality, the Japanese judiciary and government perpetuate discrimination through restrictive nationality laws, naturalization processes, and the failure to enforce international human rights treaties effectively. The note advocates for legal reforms and international pressure to address these issues and ensure equal rights for ethnic minorities.
Back To The Parent: Holding Company Liability For Subsidiary Banks - A Discussion Of The Net Worth Maintenance Agreement, The Source Of Stength Doctrine, And The Prompt Corrective Action Provision, Cassandra Jones Havard
Back To The Parent: Holding Company Liability For Subsidiary Banks - A Discussion Of The Net Worth Maintenance Agreement, The Source Of Stength Doctrine, And The Prompt Corrective Action Provision, Cassandra Jones Havard
Cardozo Law Review
The unprecedented number of bank failures in the past several years has spawned a crisis in the industry and fueled an extensive debate about how federal regulators can effectively make banks more responsible for guaranteeing the soundness of their operations. For the federal regulators most involved-the Federal Deposit Insurance Corporation ("FDIC"), Office of Thrift Supervision ("OTS"), and the Federal Reserve Board ("FRB") -Congress is directing the effort to enhance the banks' guarantees of self-policing. Congress's basic response to the crisis has been to heighten the minimum capital levels the banks must maintain to avoid direct corrective intervention by the federal …
Stories Out Of School: Teaching The Case Of Brown V. Voss, Elizabeth J. Samuels
Stories Out Of School: Teaching The Case Of Brown V. Voss, Elizabeth J. Samuels
Cardozo Law Review
In a deft parody of conventional education-inspired by a vote to put a school system on a year-round schedule-the parodist purports to have unearthed a letter from Huck Finn to Tom Sawyer's aunt, Mrs. Phelps. In the letter, Huck reports on a productive summer spent in school, studying long hours and earning high grades.
Daubert V. Merrell Dow Pharmaceuticals, Inc.: Epistemiology And Legal Process, Margaret G. Farrell
Daubert V. Merrell Dow Pharmaceuticals, Inc.: Epistemiology And Legal Process, Margaret G. Farrell
Cardozo Law Review
Justice Blackmun's majority opinion in Daubert v. Merrell Dow Pharmaceuticals, Inc. acknowledges that law and science have different goals, but it fails to recognize the implications of those differences for legal process. Recent increases in the scientifically-based claims brought in the federal courts, and in the size and complexity of the litigation in which such claims are made, have raised the stakes in the debate. At the same time, scientific concepts of relativity, uncertainty, and multiple causation are at odds with simple, legal notions about fact-finding and cause and effect. This disparity between legal and scientific understandings over the admission …
The Environmental Liability Fund Under The Hamburg Model-A False Step Towards Flexibilization Of Environmental Law?, Karl-Heinz Ladeur
The Environmental Liability Fund Under The Hamburg Model-A False Step Towards Flexibilization Of Environmental Law?, Karl-Heinz Ladeur
Cardozo Journal of International and Comparative Law
The article critiques the traditional first-order (individual) and second-order (collective) liability systems for environmental harm, arguing that both fail to adapt to the complexities and uncertainties of environmental damage. It advocates for a new, knowledge-based liability system that integrates scientific expertise, societal learning, and adaptive decision-making to address these challenges effectively.
The Asbestos Claims Management Act Of 1991: A Proposal To The United States Congress, Lester Brickman
The Asbestos Claims Management Act Of 1991: A Proposal To The United States Congress, Lester Brickman
Cardozo Law Review
No abstract provided.
The Pragmatics Of Genre: Moral Theory And Lyric Authorship In Hegel And Wordsworth, Thomas Pfau
The Pragmatics Of Genre: Moral Theory And Lyric Authorship In Hegel And Wordsworth, Thomas Pfau
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Opic Insures Investment In Central And Eastern Europe And The Baltic States, Randi S. Cohen
Opic Insures Investment In Central And Eastern Europe And The Baltic States, Randi S. Cohen
Cardozo Journal of International and Comparative Law
No abstract provided.
Stories And Numbers, John Leubsdorf
Qualified Plans And Identifying Tax Expenditures: A Rejoinder To Professor Stein, Edward A. Zelinsky
Qualified Plans And Identifying Tax Expenditures: A Rejoinder To Professor Stein, Edward A. Zelinsky
Articles
No abstract provided.
The "Moral Rights" Of Creators Of Intellectual Property, Rufus C. King
The "Moral Rights" Of Creators Of Intellectual Property, Rufus C. King
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Contradiction And Context In American Copyright Law, Keith Aoki
Contradiction And Context In American Copyright Law, Keith Aoki
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Doctrine Of Elections: Has The Need To Choose Been Lost?, Douglas R. Wolf
The Doctrine Of Elections: Has The Need To Choose Been Lost?, Douglas R. Wolf
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Buchwald V. Paramount Pictures Corp. And The Future Of Net Profit, Adam J. Marcus
Buchwald V. Paramount Pictures Corp. And The Future Of Net Profit, Adam J. Marcus
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Impact Of Berne On United States Copyright Law, David Nimmer
The Impact Of Berne On United States Copyright Law, David Nimmer
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Retroactive Protection Of Visual Arts Published Without A Copyright Notice: A Proposal, Martin Bressler, Robert L. Seigel
Retroactive Protection Of Visual Arts Published Without A Copyright Notice: A Proposal, Martin Bressler, Robert L. Seigel
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Confronting Deep Strictures: Robinson, Rickey, And Racism, Aviam Soifer
Confronting Deep Strictures: Robinson, Rickey, And Racism, Aviam Soifer
Cardozo Law Review
A strange and wonderful major league event in 1947 altered baseball and, perhaps, the consciousness of America. Viewed from a Critical Legal Studies perspective, however, that event-the integration of the National League by Jackie Robinson-is both more and less significant than it might otherwise seem. In this essay, Professor Soifer explains why.
The Success Of The Word: The Literary Critic As Constitutional Theorist, Daniel J. Kornstein
The Success Of The Word: The Literary Critic As Constitutional Theorist, Daniel J. Kornstein
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Future Nonadvance Obligations Under Article 9 Of The Ucc: Legitimate Priority Or Unwarranted Squeeze-Out?, Jeanne L. Schroeder, David G. Carlson
Future Nonadvance Obligations Under Article 9 Of The Ucc: Legitimate Priority Or Unwarranted Squeeze-Out?, Jeanne L. Schroeder, David G. Carlson
Articles
The article critiques the Second Circuit's decision in Dick Warner Cargo Handling Corp. v. Aetna Business Credit, Inc., arguing that it unfairly prioritizes revolving credit financiers over lien creditors by reviving the unitary theory of security interests under Article 9 of the UCC. The authors defend the multiple theory, asserting that security interests for advances and nonadvance obligations should be treated separately, and that the court's ruling undermines the balance intended by the 1972 UCC amendments.
Erisa Plans As Property Of Individuals' Bankruptcy Estates, Elynn Lambert
Erisa Plans As Property Of Individuals' Bankruptcy Estates, Elynn Lambert
Cardozo Law Review
No abstract provided.
Retreat From The Right To Health Care: The President's Commission And Access To Health Care, John D. Arras
Retreat From The Right To Health Care: The President's Commission And Access To Health Care, John D. Arras
Cardozo Law Review
No abstract provided.
The Immigration And Nationality Act And The Exclusion Of Homosexuals: Boutilier V. Ins Revisited, Marc Bogatin
The Immigration And Nationality Act And The Exclusion Of Homosexuals: Boutilier V. Ins Revisited, Marc Bogatin
Cardozo Law Review
No abstract provided.
Insurance, Pensions And The Internal Revenue Code: An Analysis, Edward A. Zelinsky
Insurance, Pensions And The Internal Revenue Code: An Analysis, Edward A. Zelinsky
Articles
No abstract provided.
Basset V. Hapol Compulsory Insurance Ltd., Shimon Agranat, Zvi Berinson, Yitzhak Olshan
Basset V. Hapol Compulsory Insurance Ltd., Shimon Agranat, Zvi Berinson, Yitzhak Olshan
Translated Opinions
The first appellant was involved in a traffic accident, for which he was partly responsible. as a result of which a number of persons were injured. The respondent, the insurer of the other vehicle, settled the claims of some of the injured in negotiations outside court, after having invited the appellants to join in the negotiations. The latter refused to do so nor did they make any contribution to the payments made by the respondent who sued for contribution. The appellant denied liability and applied for the action to be dismissed in limine for no cause of action.
Held. The …