Tag: insurance

Article

Employment Practices Liability Insurance and Ex Post Moral Hazard

Erin E. Meyers, J.D./Ph.D., Program in Law and Economics, Vanderbilt Law School

Joni Hersch, Cornelius Vanderbilt Professor of Law and Economics, Vanderbilt Law School

Many businesses purchase Employment Practices Liability Insurance (EPLI), a form of insurance that protects them from claims of discrimination, harassment, retaliation, and wrongful termination. But critics of EPLI argue that allowing insurance coverage for employment liability detracts from employment law’s goal of deterrence and from notions of justice. We assess the validity of these criticisms…

Aug 2021

Article

Remutualization

Erik F. Gerding, Professor of Law and Wolf-Nichol Fellow, University of Colorado Law School

Lynn Stout heartily embraced heterodox economic theories for describing capital markets and a progressive zeal for reforming them. Yet when she came to formulate her policy prescriptions for financial markets, one of the most prominent progressive corporate and financial law scholars of the twentieth century could sometimes take these twin intellectual engines into surprisingly “conservative”…

Mar 2020