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Yeshiva University, Cardozo School of Law

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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 Jan 1997

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 Jul 1996

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 Apr 1995

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 Mar 1995

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 Apr 1994

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 Apr 1994

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 Apr 1992

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 Jan 1992

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 Jan 1992

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 Nov 1991

Stories And Numbers, John Leubsdorf

Cardozo Law Review

No abstract provided.


Qualified Plans And Identifying Tax Expenditures: A Rejoinder To Professor Stein, Edward A. Zelinsky Oct 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1989

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 Jan 1988

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 Jan 1985

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 Jan 1985

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 Jan 1985

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 Jan 1984

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 Jan 1984

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 Jan 1981

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 Jan 1980

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 Mar 1964

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 …