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TRANSPARENCY THROUGH INSURANCE: MANDATES DOMINATE DISCRETION

Tom Baker

in Confidentiality, Transparency, and the U.S. Civil Justice System

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199914333
eISBN:
9780199980185
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199914333.003.0010
Subject:
Law, Constitutional and Administrative Law

This chapter describes how liability insurance has contributed to the transparency of the civil justice system. It makes three main points. First, much of what we know about the empirics of the civil ... More


Insurance and Tort Law

Peter Cane

in Tort Law and Economic Interests

Published in print:
1991
Published Online:
March 2012
ISBN:
9780198252368
eISBN:
9780191681370
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198252368.003.0009
Subject:
Law, Law of Obligations

Practical operation of the law of tort cannot be fully comprehended without closely looking at the fact and extent of insurance, whether it be liability insurance, loss insurance, or legal expenses ... More


Insurance in Litigation

Rob Merkin and Jenny Steele

in Insurance and the Law of Obligations

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199645749
eISBN:
9780191747823
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199645749.003.0013
Subject:
Law, Law of Obligations

Illustrates the pervasive influence of insurance in the conduct of civil litigation and the enforcement of rights, affecting which claims are brought; how they are framed; and how they are defended. ... More


Introduction to the Private and Public Laws of Liability in France

SIMON WHITTAKER

in Liability for Products: English Law, French Law, and European Harmonization

Published in print:
2005
Published Online:
March 2012
ISBN:
9780198256137
eISBN:
9780191681639
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256137.003.0002
Subject:
Law, Comparative Law

French law is famous for the sharpness with which it draws the distinction between private law and public (and particularly administrative) law, revealed at the level of the courts’ jurisdiction, as ... More


Myths of Malpractice: Liability Risk in American Maternity Care

Louise Marie Roth

in The Business of Birth: Malpractice and Maternity Care in the United States

Published in print:
2021
Published Online:
September 2021
ISBN:
9781479812257
eISBN:
9781479826117
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479812257.003.0004
Subject:
Sociology, Health, Illness, and Medicine

This chapter explores the institutional culture of American maternity care and analyzes the common belief that malpractice lawsuits are arbitrary, unpredictable, and irrational threats. The high cost ... More


Liability Insurance and Guarantees

Hal S. Scott

in Connectedness and Contagion: Protecting the Financial System from Panics

Published in print:
2016
Published Online:
January 2017
ISBN:
9780262034371
eISBN:
9780262332156
Item type:
chapter
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262034371.003.0012
Subject:
Economics and Finance, Economic History

The Dodd–Frank Act not only cut back on the Fed's ability to serve as lender of last resort, it also cut back on the Federal Deposit Insurance Corporation's (FDIC) ability to expand deposit insurance ... More


Insurance Conflicts

Symeon C. Symeonides

in Choice of Law

Published in print:
2016
Published Online:
June 2016
ISBN:
9780190496722
eISBN:
9780190496753
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190496722.003.0012
Subject:
Law, Comparative Law, Private International Law

This chapter discusses the practice of American courts in resolving conflicts involving various types of insurance coverage. These conflicts have earned their classification in a separate category, ... More


Ensuring Corporate Misconduct: How Liability Insurance Undermines Shareholder Litigation

Tom Baker and Sean J. Griffith

Published in print:
2011
Published Online:
March 2013
ISBN:
9780226035154
eISBN:
9780226035079
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226035079.001.0001
Subject:
Law, Company and Commercial Law

Shareholder litigation and class action suits play a key role in protecting investors and regulating big businesses. But Directors' and Officers' liability insurance shields corporations and their ... More


… And the Lawyerly: Liability and Government Compensation

Michael R. Powers

in Acts of God and Man: Ruminations on Risk and Insurance

Published in print:
2014
Published Online:
November 2015
ISBN:
9780231153676
eISBN:
9780231527057
Item type:
chapter
Publisher:
Columbia University Press
DOI:
10.7312/columbia/9780231153676.003.0010
Subject:
Economics and Finance, Development, Growth, and Environmental

Liability insurance premiums in the United States are extremely costly for many commercial policyholders, and at times, availability crises have arisen in lines such as pollution liability, general ... More


Why We Need Gun Control

Hugh Lafollette

in In Defense of Gun Control

Published in print:
2018
Published Online:
May 2018
ISBN:
9780190873363
eISBN:
9780190873400
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190873363.003.0008
Subject:
Philosophy, Moral Philosophy

Are there compelling reasons why we should not have serious gun control at least in the United States? Would any attempt at control fail in the way that Prohibition failed? I explain why the ... More


Customer Protection and the Liability Conundrum in an Open Finance Ecosystem

Steven Boms and Sam Taussig

in Open Banking

Published in print:
2022
Published Online:
March 2022
ISBN:
9780197582879
eISBN:
9780197582909
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197582879.003.0004
Subject:
Law, Intellectual Property, IT, and Media Law

Chapter 3, “Customer Protection and the Liability Conundrum in an Open Finance Ecosystem,” examines what is arguably the most difficult challenge in open banking. Authored by Steven Boms, Executive ... More


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