The Economics of Insurance Classification: The Sound of One Invisible Hand Clapping

In an earlier article, I questioned the fairness of the status quo in insurance classification and its regulation and challenged the claim of insurers and most regulators that classification is a neutral, scientific process based on statistical differences. I also disputed the contention that refined classifications are encouraged or required by state law. Here I turn to the validity of economic analyses of refined classification for the personal lines of insurance generally purchased by individuals: automobile, homeowner\u27s, renter\u27s, health, life, and disability insurance. My conclusions differ from much of what has appeared recently in writings on classification in law reviews and public policy journals

Teaching Professional Responsibility in Legal Clinics Around the World

At a March 1999 Colloquium on Clinical Legal Education,1 a group of about 20 people, including a number of law faculty already teaching or planning to teach legal clinics in Central and Eastern Europe and the former Soviet Union , were asked, What are the goals that you think are most important for a legal clinic? The most common answers were teaching about ethics and improving the ethical standards of law practice in participants\u27 respective countries through this focus in legal education

Aiding Clinical Education Abroad: What Can Be Gained and The Learning Curve on How to Do So Effectively

The author advocates donor support for clinical education projects abroad and outlines the minimal requisites that she would have for such projects - direct experience with disadvantaged clients, faculty involvement, and sincerity and integrity of organizers. She cautions against funders and consultants pressing new clinics to fit American clinical models. She provides sample reporting questions that would require projects to reflect on goals sought and results achieved. She draws lessons for efforts to assist clinics abroad from critiques of the law and development movement (LDM), the last major international initiative in legal education reform; more recent efforts termed the New LDM; and studies of democracy assistance and rule-of-law projects, the rubrics under which many of today\u27s current legal education initiatives have been funded

Insurance Classification: Too Important to be Left to the Actuaries

This Article classifies most of the public debate about classification as coming from one of two perspectives labeled traditional fair discrimination and antidiscrimination. Proponents of the status quo in classification and its regulation justify that status quo as fair discrimination. They argue that fair discrimination is both desirable and a reflection of a long-standing public policy judgment embodied in state law

A Role for Regulations, Standards, Best Practices and Monitoring in Enhancing Quality in Clinical Legal Education Programs

This report analyzes and makes recommendations regarding three related documents: the Draft Model Regulation on Legal Clinic of a Higher Educational Institution as posted by the Ukrainian Ministry of Education and Science on April 19, 2017 (hereafter Regulation); the Standards for Legal Clinics Functioning in Ukraine developed by the Association of Legal Clinics of Ukraine (hereafter Standards); and an instrument to monitor law school clinics being developed by the Association (hereafter Monitoring Instrument). The report also makes recommendations about how the Association Legal Clinics of Ukraine (hereafter ALCU or Association) might be strengthened to enhance its impact in building strong clinical legal education programs in Ukraine, both for the value of legal experiential education itself and for the role that clinical education may play in legal education reform

Lawyering Process: My Thanks for the Book and the Movie

The author\u27s memories of the movie version of The Lawyering Process, two courses she took in Gary Bellow\u27s first two years at Harvard Law School (1971-73), are compared to the text and problem supplements published in 1978. The author traces the influence of those courses and books on her externship course and textbook, written with others. She cites the value of Bellow & Moulton\u27s pioneering employment of visual and kinesthetic learning modes and explicit statement to students about educational goals and methods. She identifies paradigms for lawyering tasks that have remained useful to her throughout her career. With twenty-one years as a Professional Responsibility teacher, she marvels at the breadth and depth of the books\u27 treatment of ethical issues and recalls the critical stance toward conventional statements of lawyer\u27s role that suffused the course and book. She finds that the decision-making model, which she now recognizes as a creative problem-solving process, and the emphasis on social justice that she found central to the course are obscured by the complexity and scope of the books. She concludes with dayenu, a hymn of praise for the course\u27s gifts to her and for the books\u27 contribution to all of us, each of which would have been enough and with a final word on the inspiration of Gary Bellow\u27s passion for justice and joy

Judicial Independence and Accountability: Withstanding Political Stress

For democracy and the rule of law to function and flourish, important actors in the justice system need sufficient independence from politicians in power to act under rule of law rather than political pressure. The court system must offer a place where government action can be reviewed, challenged, and, when necessary, limited to protect constitutional and legal bounds, safeguard internationally-recognized human rights, and prevent departures from a fair and impartial system of law enforcement and dispute resolution. Courts also should offer a place where government officials can be held accountable. People within and outside a country need faith that court decisions will be made fairly and under law. Because the Council of Europe’s Group of States against Corruption (“GRECO”) deems judicial independence critical to fighting corruption, GRECO makes a detailed analysis of their members’ judicial system part of their member review process. This Article is a case study of the performance of Poland’s mechanisms for judicial independence and accountability since 2015, a time of extreme political stress in that country. Readers will see parallels to comparable historical and current events around the world

Teaching Professional Responsibility in Legal Clinics Around the World

At a March 1999 Colloquium on Clinical Legal Education,1 a group of about 20 people, including a number of law faculty already teaching or planning to teach legal clinics in Central and Eastern Europe and the former Soviet Union , were asked, What are the goals that you think are most important for a legal clinic? The most common answers were teaching about ethics and improving the ethical standards of law practice in participants\u27 respective countries through this focus in legal education