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Submissions from 2011

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The Standard of Materiality for Misrepresentations Under New York Insurance Law ± A State of Unwarranted Confusion, Andrew Amer and Linda H. Martin

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A Concurrent Mess and a Call for Clarity in First-Party Property Insurance Coverage Analysis, Mark M. Bell

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A Normative Evaluation of Actuarial Litigation, Robert G. Bone

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Insurance Rates Regulation in Comparison With Open Competition, Angelo Borselli

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Reevaluating Complex Mediation Generalizations, Edward Brunet

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Keynote Address: Actuarial Litigation: How Big Statistics Can Help Solve Big Cases, Kenneth Feinberg

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The Complexity of the Mandatory Medicare Section 111 Reporting Rules and its Practical Legal Affects ± Is There a Break in Sight?, Crystal Fraser

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Impermissible Windfalls?: Unemployment Insurance, Back Pay, and the Two Classes of Title VII Plaintiffs, Wyatt R. Jansen

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Probability Sampling in Litigation, Joseph B. Kadane

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Managing the Next Deluge: A Tax System Approach to Flood Insurance, Charlene Luke and Aviva Abramovsky

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Lessons From the Price-Anderson Nuclear Industry Indemnity Act for Future Clean Energy Compensatory Models, Taylor Meehan

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ERISA: Remedies, Preemption and the Need for More State Regulatory Oversight, Jillian Redding

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Down the Road to Perdition: How the Flaws of Basel II Led to the Collapse of Bear Stearns and Lehman Brothers, John F. Rosato

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Liability Insurance Coverage for Clergy Sexual Abuse Claims, Peter Nash Swisher and Richard C. Mason

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Bad Policy for Good Policies: Article 9's Insurance Exclusion, Andrew Verstein

Submissions from 2010

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Author Response: Regulated Lives, Timothy Alborn

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Congress’ Self-Inflicted Sisyphean Task: The Insurance Industry’s Federal Antitrust Exemption and the Insurance Industry Competition Acts of 2007 and 2009, Anthony A. Alt

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The Language of Lives, Jill C. Anderson

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The Liability Insurance Regulation of Religious Institutions After the Catholic Church Sexual Abuse Scandal, Alana Bartley

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Catalysts for Clarification: Modern Twists on the Insurable Interest Requirement for Life Insurance, Robert S. Bloink

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Fronting Arrangements: Industry Practices and Regulatory Concerns, Esteban Carranza-Kopper

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Regulated Lives in Historiographical Context, Geoffrey Clark

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Annuity Coeptis: Is There a Way to Avoid American Equity Investment Life Insurance Co. v. SEC Becoming a Herald for the SEC Gaining Regulatory Control Over All Securities-Related Insurance Products?, Russell Hasan

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Justification Norms Under Uncertainty: A Preliminary Inquiry, Claire A. Hill

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Rating Dependent Regulation of Insurance, John Patrick Hunt

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Metropolitan Life Insurance Company v. Glenn: Will the Supreme Court Decision Reduce Confusion After Firestone?, Ryan M. LoRusso

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Review of Timothy Alborn’s Regulated Lives, Sharon Murphy

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Regulating Risk by “Strengthening Corporate Governance", Paul Rose

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Solvency II: The Ambitious Modernization of the Prudential Regulation of Insurers and Reinsurers Across the European Union (EU), Michael J-H Smith

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Into the Unknown: The Reach of Environmental Insurance in Cases, Caroline Vazquez

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Coverage for Kidneys: The Intersection of Insurance and Organ Transplantation, Melissa Wong

Submissions from 2009

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Reinsurance: The Silent Regulator?, Aviva Abramovsky

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Insurance Intermediaries, Hazel Beh and Amanda M. Willis

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Risk Data in Insurance Interpretation, Michelle Boardman

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Crop Insurance in the Age of Biotechnology: Should Federal Crop Insurance Endorse Biotechnology?, Steve Cooper

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Examining Current Proposals for Increasing the Federal Role in Dealing With Coastal Hurricane Risk, Louis Cruz

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Regulation of Large Financial Institutions: Lessons From Corporate Finance Theory, John P. Harding and Stephen L. Ross

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Credit Derivatives Are Not “Insurance”, M Todd Henderson

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Whither the Duty of Good Faith in UK Insurance Contracts?, John Lowry

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Race Based Underwriting and the Death of Burial Insurance, J Gabriel McGlamery

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The 2008 Mental Health Parity and Addiction Equity Act: An Overview of the New Legislation and Why an Amendment Should be Passed to Specifically Define Mental Illness and Substance Use Disorders, Sara Nadim

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Predatory Lending and Its Insurance Consequences, Erin O'Leary

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“Fair is Foul and Foul is Fair:” Have Insurers Loosened the Chokepoint of Copyright and Permitted Fair Use’s Breathing Space in Documentary Films?, Thomas Plotkin and Tarae Howell

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Differential Compensation and the “Race to the Bottom” in Consumer Insurance Markets, Daniel Schwarz

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The “Other” Intermediaries: The Increasingly Anachronistic Immunity of Managing General Agents and Independent Claims Adjusters, Jeffrey W. Stempel

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The Road From “Twin Peaks” – And The Way Back, Michael W. Taylor

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The Law and Economics of First-Party Insurance Bad Faith Liability, Sharon Tennyson and William J. Warfel

Submissions from 2008

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The Health Insurance Debate in Canada: Lessons for the United States, Mary Anne Bobinski

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I Came, I Saw, I Underwrote: D & O Liability Insurance’s Past Underwriting Practices and Potential Future Directions, Joshua Dobiac

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Catastrophic Risks and First-Party Insurance, Michael Faure and Veronique Bruggeman

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Cogswell v. American Transit Insurance Company, Maggie Flanagan

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Health Insurance: Market Failure or Government Failure?, David A. Hyman

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Is Health Insurance a Bad Idea? The Consumer-Driven Perspective, Timothy Stoltzfus Jost

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Regional Shortcomings and Global Solutions: Kidnap, Ransom and Insurance in Latin America, Samantha Kenney

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Insurance and Credit Default Swaps: Should Like Things be Treated Alike?, Arthur Kimball-Stanley

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Influences of Organizational Form on Medical Malpractice Insurer Operations, Yu Lei and Joan T. Schmitt

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The Practical Ramifications of Dual Sovereignty in Prosecuting Declaratory Judgment Actions Against State and Federal Governments, Daniel Maldonado and Steven Plitt

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Social Solidarity and Personal Responsibility in Health Reform, Wendy K. Mariner

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Stoli on the Rocks: Why States Should Eliminate the Abusive Practice of Stranger-Owned Life Insurance, Eryn Mathews

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The “Race Card” and Reforming American Health Insurance, Dayna Bowen Matthew

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The Scope of Expert Testimony in Insurance Bad Faith Cases: Can the Expert Testify on the Meaning of the Insurance Policy?, Charles Miller

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Health Insurance Risk Pooling and Social Solidarity: A Response to Professor David Hyman, Amy B. Monahan

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“Sez Who?”: State Constitutional Concerns With External Review Laws and the Resulting Conundrum Posed by Rush Prudential HMO v. Moran, William Pitsenberger

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Are State Court Garnishment Actions an Effectual Impediment to Federal Declaratory Judgment Jurisdiction: Is Timing Everything?, Steven Plitt and Aeryn Heidmann

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Government Support for Terrorism Insurance, Thomas Russell and Jeffrey E. Thomas

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Adam, Martin and John: Iconography, Infrastructure, and America’s Pathological Inconsistency About Medical Insurance, Jeffrey W. Stempel

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A Tax Treaty That Doesn’t Tax? The Unique History of the United States-Bermuda Tax Treaty and the Subsequent Problems Facing the United States Insurance Industry, Yelena Tsvaygenbaum

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Assignment of Liability Insurance Rights for Latent Injury and Damage Claims, John T. Waldronm, III and Andrew R. Stanton

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African American Homeownership and the Dream Deferred: A Disparate Impact Argument Against the Use of Credit Scores in Homeownership Insurance Underwriting, Latonia Williams

Submissions from 2007

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A License To Bet: Life Insurance And The Gambling Act In The British Courts, Timothy Alborn

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The Economic Case for Gender-Neutral Life Insurance, Richard A. Booth

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Three Insights From the Canadian D & O Insurance Market: Inertia, Information and Insiders, M. Martin Boyer

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A Genetically Modified Liability Insurance Contract, Seth J. Chandler

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Overwhelmed: Federal Flood Insurance Act of 1956, Henry S. Cohn and Tiffany M. Rowe

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Breaking the Chain: How State Legislatures Can Learn From the Mistakes of Maryland’s Fair Share Act and Stop Benefit Dumping, Fallon DePina

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Insurer-Policyholder Interests, Defense Counsel’s Professional Duties, And The Allocation Of Power To Control The Defense, James M. Fischer

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Howard Delivery Service, Inc. v. Zurich American Insurance Co.: The U.S. Supreme Court Resolves the Split among Circuits regarding Whether Workers' Compensation Premiums May Be Eligible for Priority Treatment in Bankruptcy Proceedings, Clayton Johnson

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What Is It Worth - A Critical Analysis of Insurance Appraisal, Timothy P. Law and Jillian L. Starinovich

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Bad Faith in Alabama’s Civil Justice System: “Tort Hell” or Reformed Jurisdiction, Kristen LeBlond

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Strengthen Pharmaceutical Patent Rights: Lowering the Cost of Prescription Drugs by Stopping the Reckless Patent Litigation Abuse of Generic Companies, Andrew A. Phillips

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A Congregation of Vapours: Clendenin Brothers, Inc. v. United States Fire Insurance Company, Welding Rod Litigation, the Total Pollution Exclusion, the Futility of the Judicial Search for Ambiguity in Commercial General Liability Insurance Contracts, and the Reasonable Expectations of the Insured, Thomas Plotkin

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Freedom of Contract in Insurance, Susan Randall

Submissions from 2006

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The Asbestos Litigation Crisis: The Tide Appears to Be Turning, Mark A. Behrens and Phil Goldberg

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On the Applicability of the Silica MDL Proceeding to Asbestos Litigation, Lester Brickman

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Anorexia Killed Her, but the System Failed Her: Does the American Insurance System Suffer from Anorexia, Beth A. Brunalli

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The Chawla Decision: A Death Knell for the Use of Life Insurance Trust in Estate Planning?, Reagan N. Clyne

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Buss Stop: A Policy Language Based Analysis, Angela R. Elbert and Stanley C. Nardoni

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From the Journals: Insurance Law Abstracts, Emmanuelle Regine Francois

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A Future for Asbestos Apportionment, Michael D. Green

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An Elegy for the FAIR Act, Patrick M. Hanlon

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Asbestos Litigation in the United States: Triumph and Failure of the Civil Justice System, Deborah R. Hensler

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The Restatement (Second) of Contracts as a Useful Tool for Addressing Common Insurance Law Issues, Nicholas M. Insua and Matthew J. Delude

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Consumer-Driven Health Care: Moral Hazard, the Efficiency of Income Transfers, and Market Power, John A. Nyman

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The Future of the National Flood Insurance Program in the Aftermath of Hurricane Katrina, Quynh T. Pham

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Should Insurers in Texas Be Prohibited from Using Staff Attorneys to Defend Third Party Claims Brought against Insureds: A Closer Look at American Home Assurance, Denise Purpura

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Some Reflections on the Future of Mass Torts, Peter H. Schuck

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Reasonable Expectations in the Sphere of Liberty: A Theory of Accidental Death Insurance Coverage, Catherine Spain

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Assessing the Coverage Carnage: Asbestos Liability and Insurance after Three Decades of Dispute, Jeffrey W. Stempel

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Comments for the University of Connecticut Asbestos Litigation Symposium, James L. Stengel

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Helping Individuals Investors Do What They Know Is Right: The Save More for Retirement Act of 2005, Matthew Venhorst