Since the publication of the first edition, there have been considerable developments in statutory and case law relevant to commercial lending growing out of the litigation and legislation sparked by the recession in 2008. Practical and easy to use, this compendium outlines the essential information about commercial lending law in all 50 states, plus Canada and U.S. territories. As a comprehensive, two-volume set, this resource is convenient for lawyers negotiating or reviewing commercial lending laws outside their own jurisdiction. This compilation of state surveys covers all aspects of commercial lending laws, including: Basic legal structure, general law, procedural law, and the state';s court system Basic fundamentals Interest and usury Conflicts of law rules Types of borrowers corporations, partnerships, limited liability companies Real estate lending property rights, leases, mortgages, recording fees and taxes, deficiency rights, transfers in lieu of payment, title insurance, and more Revised Article 9 property and transactions subject to Revised Article 9, consignments, purchase-money security interests, possessory liens, titled motor vehicles, and more Equipment leasing Other laws of interest Pre-judgment remedies Post-judgment remedies"
The Law and Economics of Public Health synthesizes the empirical research findings on the relationship between law and the public's health that are found scattered in different literature ranging from economic journals to medical journals, journals on addictive behaviors, law reviews, and books. This is the only study to date that has assembled the empirical evidence from many areas ranging from motor vehicle liability and dram shop liability to medical malpractice, products liability as it applies to pharmaceutical products, and medical devices. The Law and Economics of Public Health addresses the fundamental question as to whether or not and the extent to which imposing tort liability on potential injurers improves the public's health. Does the threat of litigation on potential injurers make them exercise more caution? Does insurance coverage counter incentives to be careful? Does the tort system operate as perfectly as the theory would have it? This monograph answers these questions on the basis of empirical evidence. The Law and Economics of Public Health discusses both theory and empirical evidence in several areas of personal injury to which tort liability has been applied.The monograph starts by describing the general law and economics framework used to assess both positive and normative issues relating to tort liability. It then presents the rationale for and empirical evidence on particular applications of tort liability as it applies to personal injury.
The book examines how the absence of insurance in the past led to some special maritime liability law principles such as 'general average' (i.e., losses or expenses shared by all the parties to a maritime adventure) and the limitation of shipowners' liability. In the absence of insurance, these principles served the function of insurance mostly for shipowners. As commercial marine insurance is now widely available, these principles have lost their justification and may in fact interfere with the most important goal of liability law i.e., deterrence from negligence. The work thus recommends their abolition. It further argues that when insurance is easily available and affordable to the both parties to a liability claim, the main goal of liability law should be deterrence as opposed to compensation. This is exactly the case with the maritime cargo liability claims where both cargo owners and shipowners are invariably insured. As a result, the sole focus of cargo liability law should be and to a great extent, is deterrence. On the other hand in the vessel-source oil pollution liability setting, pollution victims are not usually insured. Therefore oil pollution liability law has to cater both for compensation and deterrence, the two traditional goals of liability law. The final question the work addresses is whether the deterrent effect of liability law is affected by the availability of liability insurance. Contrary to the popular belief the work attempts to prove that the presence of liability insurance is not necessarily a hindrance but can be a complementary force towards the realization of deterrent goal of liability law.
This book presents a market-consistent valuation framework for implicit embedded options in life insurance contracts. This framework is used to perform an empirical analysis based on more than 110,000 actual and in-force life insurance policies and with a focus on the modeling of interest rates. Its results are the answer to the central question posed in the objectives: What value do the embedded options and guarantees considered have? This question is answered both absolutely and relative to the current policy reserves, from the perspective of the insurer, the policyholder and the shareholder respectively
This work is a comprehensive survey of one of the oldest - and hottest - debates in American history: the role of religion in the public discourse. Does freedom of religion include freedom from religion? Where exactly did the founding fathers intend to draw the line between church and state when they wrote the First Amendment? Despite more than two centuries of debate and over 300 Supreme Court decisions, we have never arrived at satisfactory answers to these questions. The relationship between church and state was contentious long before the framers of the Constitution undertook the bold experiment of separating the two, sparking a debate that would rage for centuries: What is the role of religion in government - and vice versa? "Religion and the Law in America" explores the many facets of this question, from prayer in public schools to the addition of the phrase "under God" to the Pledge of Allegiance, from government investigation of religious fringe groups to federal grants for faith-based providers of social services. In more than 250 A-Z entries, along with a series of broad, thematic essays, it examines the groups, laws, and court cases that have framed this ongoing debate. Through its careful, balanced exploration of the interaction between government and religion throughout the history of the United States, the work provides all Americans - students, scholars, and lay readers alike - with a deep understanding of one of the central, enduring issues in our history.
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