1,207 research outputs found
Take a Chance? The Controversy Over Releasing D.C. Prisoners Under the Second Look Act
This article analyzes prisoner release under the D.C. Second Look Act, including the pros and cons of such release, and the procedures for release under the Act. The article explores the best practices for obtaining release of prisoners who have served long sentences but have been rehabilitated and are no longer dangerous
Discretionary Language, Conflicts of Interest, and Standard of Review for ERISA Disability Plans
This article introduces the reader to disability insurance in Part II. Part III examines how ERISA is a mixture of different law and how that mixture led to discretionary clauses being inserted and the re- suiting severe conflicts of interest. Part IV looks at <em>Firestone Tire & Rubber Co. v. Bruch</em>, the seminal ERISA case on conflicts of interest. Part V examines the contributions that the Ninth Circuit has made to ERISA conflict of interest law. Part VI discusses scope of review and discovery and Part VII concludes that insurers should be strictly regulated in ERISA plans
The Trump Administration’s Flawed Decision on Coronavirus Vaccine Injury Compensation: Recommendations for Changes
This article discusses the problems with the Countermeasures Injury Compensation Program (CICP), the Federal program to compensate individuals who have suffered injuries from COVID vaccines and other COVID countermeasures. The article compares the CICP with the other, better federal compensation program for injuries caused by childhood vaccines (the VICP), and proposes a number of changes to improve the CICP
Discretionary Language, Conflicts of Interest, and Standard of Review for ERISA Disability Plans
This article introduces the reader to disability insurance in Part II. Part III examines how ERISA is a mixture of different law and how that mixture led to discretionary clauses being inserted and the re- suiting severe conflicts of interest. Part IV looks at <em>Firestone Tire & Rubber Co. v. Bruch</em>, the seminal ERISA case on conflicts of interest. Part V examines the contributions that the Ninth Circuit has made to ERISA conflict of interest law. Part VI discusses scope of review and discovery and Part VII concludes that insurers should be strictly regulated in ERISA plans
What Good Condition?
What Good Condition? collects edited papers, initially delivered at the Treaty Advancing Reconciliation conference, on the proposal for a treaty between Aboriginal and non-Aboriginal Australians, a proposal which has been discussed and dissected for nearly 30 years. Featuring contributions from prominent Aboriginal community leaders, legal experts and academics, this capacious work provides an overview of the context and legacy of the residue of treaty proposals and negotiations in past decades; a consideration of the implications of treaty in an Indigenous, national and international context; and, finally, some reflections on regional aspirations and achievements
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