Insurance Law Commons^™

Modular Bankruptcy: Toward A Consumer Scheme Of Arrangement, John A.E. Pottow

Cardozo Law Review

In the world of cross-border corporate insolvency, those in the know are familiar with the increasingly popular scheme of arrangement, the British quasi-reorganization procedure that allows a company to restructure some, but not all, of its debt. The typical scheme effects a corporate balance sheet reshuffling by supermajoritarian approval (and judicial “sanction”) but often leaves other debt, such as the trade, untouched. A key conceptual component of the scheme mechanism is its intentional modularity, called by some its “selectivity.” It does not require a comprehensive reckoning of all claims against a given debtor, only some. The scheme has proved popular—so …

Bolstering New York’S Tenant Protection Law: Ensuring Retroactive Application Under The Heightened Regina Standard, Abigail Strange

Cardozo Law Review

Rent regulation laws have long been a cornerstone of the New York City and New York State housing markets, enacted to combat excessive rent increases that risked pricing out low- and middle-income tenants. On June 14, 2019, the New York State Legislature enacted the Housing Stability and Tenant Protection Act (HSTPA), which brought sweeping changes to New York’s rental laws, including regulated and unregulated buildings. The HSTPA significantly expanded tenant protections across New York State, and specifically in New York City, which currently has one of the highest monthly rent medians in the country. The passage of the HSTPA was …

Demystifying The Elusive Quest For Cyber Insurance Protection: The Need For New Contract Language, Deborah L. Johnson

Cardozo Law Review

Cyberattacks and electronic data breaches are on the rise, and the costs associated with those breaches can be astronomical. In response, the insurance industry has created a specialty market for cyber coverage. However, despite the number of cyber insurance policies currently offered on the market, insurers frequently deny claims for cyber coverage under both these specialty and traditional policies.

Examining the evolution of cyberattacks, data breaches, and the massive harm they can cause to businesses, this Article explores the legal and market obstacles to obtaining adequate cyber insurance coverage and offers potential solutions to policyholders and insurers to satisfy this …

Appraisal Rights And "Fair Value", Steven J. Cleveland

Cardozo Law Review

Appraisal rights (or dissenter’s rights) entitle a shareholder to the judicially determined “fair value” of her shares upon the occurrence of a merger that she does not support. Once a quiet corner of corporate law, appraisal rights have recently given rise to significant litigation and a growing body of scholarship. Whereas existing scholarship commonly has focused on improvements to be implemented by the judiciary, I propose a legislative improvement.

In appraising “fair value,” courts have failed to give force to the legislative mandate to “exclude any element of value arising from the accomplishment or expectation of the merger,” which has …

Between A Rock And A Hard Place: The Implications Of St. Bernard Parish Government V. United States On Flood Takings, Mariel Talmage

Cardozo Law Review

No abstract provided.

Discrimination And Privacy Concerns At The Intersection Of Healthcare And Big Data, James Koenderman

Cardozo Law Review

No abstract provided.

Ensuring An Underclass: Stigma In Insurance, Valerie K. Blake

Cardozo Law Review

In our country, access to insurance can be a matter of life and death, as well as financial security. Despite these great stakes, the cost and quality of insurance are often influenced by social factors like sexual orientation, age, gender, and race. Such discrimination, forbidden in other settings like employment, is forgiven in insurance, even seen as fairer, on the grounds of actuarial fairness. That is, insurance classifications are lawful so long as they are based on evidence that some groups are costlier to insure, with the understanding that others shouldn't have to offset those expenses. This Article challenges this …

Countering Misinformation In The Health Care System: The Case For Stricter Regulations Within Health Insurance Provider Directories, Jaclyn Kleban

Cardozo Law Review

No abstract provided.

Loyalty And Betrayal, Bernhard Schlink

Cardozo Law Review

Role theory identifies people through the roles they choose and the way in which they coordinate them. That is no different from what we do when we meet someone and try to gain a sense of him or her. We ask about their profession, where they studied, enquire about their spouse and children, leisure activities, social and political engagement, and which clubs or church they attend. We try to discover the meaning that these various roles hold for the person and whether such roles are endowed with stronger or weaker emotional significance, are experienced as being more or less essential …

Judicial Deregulation Of Consumer Markets, Max N. Helveston

Cardozo Law Review

The dangers posed by insufficiently regulated consumer markets are both real and monumental. While the rights of consumers expanded drastically in the mid- to late twentieth century, these protections have weakened in the new millennium. One of the forces driving this change has been the judiciary, where an anti-consumer jurisprudence has taken root. This is surprising, given the courts' history of defending individuals' commercial rights and combating unfair market practices.

Despite the significant ramifications that the removal of consumer protections has for every individual, the evolution of anti-consumerism in the courts has received scarce attention from the academy. This Article …

A Tribute To Eva Hanks, Matthew Diller

Cardozo Law Review

No abstract provided.

A Fiduciary Theory Of Health Entitlements, Margaux J. Hall

Cardozo Law Review

The Affordable Care Act's "contraceptive mandate" continues to generate controversy in courts and academic literature. While a growing body of scholarship analyzes the merits of employers' religious freedom claims, claims presently before the Supreme Court, academics and commentators have overlooked a more fundamental tension illuminated by the Act but predating its enactment: Historically, the law has empowered employers to make almost all decisions relating to the cost, quality, and accessibility of health insurance on behalf of employees with virtually unlimited discretion, even when those decisions have subverted employees' interests. While contraceptives are the current source of controversy, tensions exist around …

Health Exchange Federalism: Striking The Balance Between State Flexibility And Consumer Protection In Aca Implementation, Sam Solomon

Cardozo Law Review

No abstract provided.

Disability Rights, Welfare Law, Mark C. Weber

Cardozo Law Review

This Article asks how disability rights ideas can be reconciled with - and might transform - the law of public assistance. The social model of disability forms the basis of most disability rights thinking. This model recognizes that impairments do not by themselves disable, but disability instead arises from a dynamic between a person's physical and mental conditions and society's environmental and attitudinal barriers: Paraplegia does not cause disability but for stairs, curbs, and human attitudes that limit accessibility. The social model focuses on changing the environment; its close corollary, the civil rights approach to disability, looks to anti-discrimination law …

Misclassifying The Insurance Policy: The Unforced Errors Of Unilateral Contract Characterization, Hazel Beh, Jeffrey W. Stempel

Cardozo Law Review

No abstract provided.

Freedom And Faith - Foundations Of Freedom Of Religion, Matthias Mahlmann

Cardozo Law Review

No abstract provided.

Acknowledgements, Michel Rosenfeld

Cardozo Law Review

No abstract provided.

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.

The Tragedy Of The Human Commons, Ronen Avraham, K. A. D. Camara

Cardozo Law Review

No abstract provided.

The Enterprise Model Of Managing Conflicts Of Interest In The Tripartite Insurance Defense Relationship, Aviva Abramovsky

Cardozo Law Review

No abstract provided.

The New Stage Of Corporate Governance Litigation: Section 220 Demands, Stephen A. Radin

Cardozo Law Review

No abstract provided.

Indemnity, Liability, Insolvency, David Gray Carlson

Cardozo Law Review

No abstract provided.

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

Cardozo Law Review

No abstract provided.

Special Juries: Deterring Spurious Medical Malpractice Litigation In State Courts, Alan Feigenbaum

Cardozo Law Review

No abstract provided.

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

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

Cardozo Law Review

No abstract provided.

Music Theory As A Mode Of Law: The Case Of Heinrich Schenker, Esq., Wayne Alpern

Cardozo Law Review

No abstract provided.

Born Classified, Born Free: An Essay For Henry Schwarzschild, Aviam Soifer

Cardozo Law Review

No abstract provided.