Robert Jerry - Academia.edu (original) (raw)
Papers by Robert Jerry
Edward Elgar Publishing eBooks, Mar 16, 2023
Edward Elgar Publishing eBooks, Mar 16, 2023
Edward Elgar Publishing eBooks, Mar 16, 2023
AIDA Europe research series on insurance law and regulation, 2023
This Article argues that the Sherman Act regulates concerted employer activity in the labor marke... more This Article argues that the Sherman Act regulates concerted employer activity in the labor market only if such activity restrains or attempts to restrain the product market. After discussing the legislative history of the Act, the Article examines and synthesizes two conflicting lines of cases. Finally, the Article suggests how courts should dispose of challenges to employer conduct and posits the basis for a unified theory of labor-antitrust law
cannot be overstated. This is itself an important observation, underscoring the vital importance ... more cannot be overstated. This is itself an important observation, underscoring the vital importance of insurance in our society and confirming the insight of Justice Hugo Black, who sixty years ago said: "Perhaps no modem commercial enterprise directly affects as many persons in all walks of life as does the insurance business. Insurance touches the home, the family, and the occupation or the business of almost every person in the United States. ' 46 That it touched the lives of Tony, Donna, and Little Tony is indisputable. 46. United States v. SouthEastern Underwriters Ass'n. 322 U.S. 533, 540 (1944).
The Journal welcomes the submission of articles and book reviews. Both text and notes should be d... more The Journal welcomes the submission of articles and book reviews. Both text and notes should be double or triple-spaced. Submissions in electronic form are encouraged, and should be in Microsoft™ Word™ version 97 format or higher. Citations should conform to the most recent edition of A UNIFORM SYSTEM OF CITATION, published by the Harvard Law Review Association. It is the policy of the University of Connecticut to prohibit discrimination in education, employment, and in the provision of services on the basis of race, religion, sex, age, marital status, national origin, ancestry, sexual preference, status as a disabled veteran or veteran of the Vietnam Era, physical or mental disability, or record of such impairments, or mental retardation. University policy also prohibits discrimination in employment on the basis of a criminal record that is not related to the position being sought; and supports all state and federal civil rights statutes whether or not specifically cited within this statement.
The interest of academicians in insurance law has greatly increased during the 1980s. During this... more The interest of academicians in insurance law has greatly increased during the 1980s. During this period a new one-volume treatise was published,' and an older treatise was substantially revised. 2 Three new insurance law casebooks appeared on the market (one of which has already gone to a second edition),' an older casebook was updated, 4 and this author is aware of plans for the publication of three more. The theory of insurance regulation was explored in an important work,' and the law reviews are giving increased attention to insurance law issues. This heightened interest is long overdue; indeed, practitioners who have long understood the relevance of insurance law might profess perplexion that academia took so long to give the field its due. Clearly, the liability insurance crisis of the 1980s, the related issues of tort reform, the dispute over the use of gender in insurance rating, and the implications of AIDS for insurance underwriting have all focused public attention in varying degrees on insurance law and regulation. But these highly visible issues are only a small portion
for their comments on earlier drafts of this Article. The authors also thank Steven Dickey for hi... more for their comments on earlier drafts of this Article. The authors also thank Steven Dickey for his helpful research assistance.
Berkeley Journal of Employment and Labor Law, 1984
This Article argues that the Sherman Act regulates concerted employer activity in the labor marke... more This Article argues that the Sherman Act regulates concerted employer activity in the labor market only if such activity restrains or attempts to restrain the product market. After discussing the legislative history of the Act, the Article examines and synthesizes two conflicting lines of cases. Finally, the Article suggests how courts should dispose of challenges to employer conduct andposits the basisfor a unified theory of labor-antitrust law.
icade. Revista de la Facultad de Derecho, 2021
The COVID-19 pandemic is a major loss event for the insurance industry. This chapter begins with ... more The COVID-19 pandemic is a major loss event for the insurance industry. This chapter begins with an overview of the pandemic’s most significant insurance implications. Because business interruption has been the most prominently discussed of these impacts, the second part of this chapter takes a closer look at business interruption insurance. This part describes how markets for this coverage are structured in the U.S., and then undertakes a detailed analysis of one of the most common business interruption policy forms, demonstrating that some aspects of this form, insofar as pandemic-caused business interruption is concerned, were not drafted with utmost precision. This part also discusses how disputes over common policy language used in the U.S. have unfolded, both in legislatures and the courts. The chapter concludes with a discussion of the future of insuring the business continuity risk. It explores the limitations of private markets, the role of government, and the need for an o...
Alternatives to the High Cost of Litigation, 2017
In Part 2 in the September Alternatives, Prof. Jerry returns to his overview of the current state... more In Part 2 in the September Alternatives, Prof. Jerry returns to his overview of the current state of insurance alternative dispute resolution by looking at other areas beyond mass disasters, including accidents, losses, automobiles and homes; reinsurance; and health care.
Journal of Law, Medicine & Ethics, 2007
This project focuses on the extent to which disability insurers should be allowed to use genetic ... more This project focuses on the extent to which disability insurers should be allowed to use genetic information in underwriting and rate-setting, but this subject cannot be completely isolated from the related questions of whether life and health insurers should also have this discretion. Federal and state laws place significant restrictions on insurers’ use of genetic information in health insurance, but regulation of such use in life and disability insurance is considerably more modest. This essay examines the reasons for this disparity and discusses the implications for future proposals to regulate disability insurers’ use of genetic information in underwriting and rate-setting. The thesis is relatively simple: Communitarian values are stronger in health insurance than in life and disability insurance. Accordingly, the public is likely to acquiesce to insurers’ insistence that they be allowed to make distinctions among insureds in disability insurance (and life insurance) that would...
cannot be overstated. This is itself an important observation, underscoring the vital importance ... more cannot be overstated. This is itself an important observation, underscoring the vital importance of insurance in our society and confirming the insight of Justice Hugo Black, who sixty years ago said: "Perhaps no modem commercial enterprise directly affects as many persons in all walks of life as does the insurance business. Insurance touches the home, the family, and the occupation or the business of almost every person in the United States. ' 46 That it touched the lives of Tony, Donna, and Little Tony is indisputable. 46. United States v. SouthEastern Underwriters Ass'n. 322 U.S. 533, 540 (1944).
In this article, the term is used to refer to the standard of review of the substantive terms of ... more In this article, the term is used to refer to the standard of review of the substantive terms of legislation for reasonableness. Although this type of review need not be confined to review of legislation that regulates economic relationships, the anti-rebate statutes fall into this category, and thus the phrase "economic due process" could be used to refer to this particular kind of substantive due process review.
Edward Elgar Publishing eBooks, Mar 16, 2023
Edward Elgar Publishing eBooks, Mar 16, 2023
Edward Elgar Publishing eBooks, Mar 16, 2023
AIDA Europe research series on insurance law and regulation, 2023
This Article argues that the Sherman Act regulates concerted employer activity in the labor marke... more This Article argues that the Sherman Act regulates concerted employer activity in the labor market only if such activity restrains or attempts to restrain the product market. After discussing the legislative history of the Act, the Article examines and synthesizes two conflicting lines of cases. Finally, the Article suggests how courts should dispose of challenges to employer conduct and posits the basis for a unified theory of labor-antitrust law
cannot be overstated. This is itself an important observation, underscoring the vital importance ... more cannot be overstated. This is itself an important observation, underscoring the vital importance of insurance in our society and confirming the insight of Justice Hugo Black, who sixty years ago said: "Perhaps no modem commercial enterprise directly affects as many persons in all walks of life as does the insurance business. Insurance touches the home, the family, and the occupation or the business of almost every person in the United States. ' 46 That it touched the lives of Tony, Donna, and Little Tony is indisputable. 46. United States v. SouthEastern Underwriters Ass'n. 322 U.S. 533, 540 (1944).
The Journal welcomes the submission of articles and book reviews. Both text and notes should be d... more The Journal welcomes the submission of articles and book reviews. Both text and notes should be double or triple-spaced. Submissions in electronic form are encouraged, and should be in Microsoft™ Word™ version 97 format or higher. Citations should conform to the most recent edition of A UNIFORM SYSTEM OF CITATION, published by the Harvard Law Review Association. It is the policy of the University of Connecticut to prohibit discrimination in education, employment, and in the provision of services on the basis of race, religion, sex, age, marital status, national origin, ancestry, sexual preference, status as a disabled veteran or veteran of the Vietnam Era, physical or mental disability, or record of such impairments, or mental retardation. University policy also prohibits discrimination in employment on the basis of a criminal record that is not related to the position being sought; and supports all state and federal civil rights statutes whether or not specifically cited within this statement.
The interest of academicians in insurance law has greatly increased during the 1980s. During this... more The interest of academicians in insurance law has greatly increased during the 1980s. During this period a new one-volume treatise was published,' and an older treatise was substantially revised. 2 Three new insurance law casebooks appeared on the market (one of which has already gone to a second edition),' an older casebook was updated, 4 and this author is aware of plans for the publication of three more. The theory of insurance regulation was explored in an important work,' and the law reviews are giving increased attention to insurance law issues. This heightened interest is long overdue; indeed, practitioners who have long understood the relevance of insurance law might profess perplexion that academia took so long to give the field its due. Clearly, the liability insurance crisis of the 1980s, the related issues of tort reform, the dispute over the use of gender in insurance rating, and the implications of AIDS for insurance underwriting have all focused public attention in varying degrees on insurance law and regulation. But these highly visible issues are only a small portion
for their comments on earlier drafts of this Article. The authors also thank Steven Dickey for hi... more for their comments on earlier drafts of this Article. The authors also thank Steven Dickey for his helpful research assistance.
Berkeley Journal of Employment and Labor Law, 1984
This Article argues that the Sherman Act regulates concerted employer activity in the labor marke... more This Article argues that the Sherman Act regulates concerted employer activity in the labor market only if such activity restrains or attempts to restrain the product market. After discussing the legislative history of the Act, the Article examines and synthesizes two conflicting lines of cases. Finally, the Article suggests how courts should dispose of challenges to employer conduct andposits the basisfor a unified theory of labor-antitrust law.
icade. Revista de la Facultad de Derecho, 2021
The COVID-19 pandemic is a major loss event for the insurance industry. This chapter begins with ... more The COVID-19 pandemic is a major loss event for the insurance industry. This chapter begins with an overview of the pandemic’s most significant insurance implications. Because business interruption has been the most prominently discussed of these impacts, the second part of this chapter takes a closer look at business interruption insurance. This part describes how markets for this coverage are structured in the U.S., and then undertakes a detailed analysis of one of the most common business interruption policy forms, demonstrating that some aspects of this form, insofar as pandemic-caused business interruption is concerned, were not drafted with utmost precision. This part also discusses how disputes over common policy language used in the U.S. have unfolded, both in legislatures and the courts. The chapter concludes with a discussion of the future of insuring the business continuity risk. It explores the limitations of private markets, the role of government, and the need for an o...
Alternatives to the High Cost of Litigation, 2017
In Part 2 in the September Alternatives, Prof. Jerry returns to his overview of the current state... more In Part 2 in the September Alternatives, Prof. Jerry returns to his overview of the current state of insurance alternative dispute resolution by looking at other areas beyond mass disasters, including accidents, losses, automobiles and homes; reinsurance; and health care.
Journal of Law, Medicine & Ethics, 2007
This project focuses on the extent to which disability insurers should be allowed to use genetic ... more This project focuses on the extent to which disability insurers should be allowed to use genetic information in underwriting and rate-setting, but this subject cannot be completely isolated from the related questions of whether life and health insurers should also have this discretion. Federal and state laws place significant restrictions on insurers’ use of genetic information in health insurance, but regulation of such use in life and disability insurance is considerably more modest. This essay examines the reasons for this disparity and discusses the implications for future proposals to regulate disability insurers’ use of genetic information in underwriting and rate-setting. The thesis is relatively simple: Communitarian values are stronger in health insurance than in life and disability insurance. Accordingly, the public is likely to acquiesce to insurers’ insistence that they be allowed to make distinctions among insureds in disability insurance (and life insurance) that would...
cannot be overstated. This is itself an important observation, underscoring the vital importance ... more cannot be overstated. This is itself an important observation, underscoring the vital importance of insurance in our society and confirming the insight of Justice Hugo Black, who sixty years ago said: "Perhaps no modem commercial enterprise directly affects as many persons in all walks of life as does the insurance business. Insurance touches the home, the family, and the occupation or the business of almost every person in the United States. ' 46 That it touched the lives of Tony, Donna, and Little Tony is indisputable. 46. United States v. SouthEastern Underwriters Ass'n. 322 U.S. 533, 540 (1944).
In this article, the term is used to refer to the standard of review of the substantive terms of ... more In this article, the term is used to refer to the standard of review of the substantive terms of legislation for reasonableness. Although this type of review need not be confined to review of legislation that regulates economic relationships, the anti-rebate statutes fall into this category, and thus the phrase "economic due process" could be used to refer to this particular kind of substantive due process review.