Jurisprudence, or legal theory, is the theoretical study of the propriety of law seeking to explain the nature of law in its most general form and provide a deeper understanding of legal reasoning and analogy, legal systems, legal institutions, and the proper application and role of law including the social, philosophical, political and other random topics.
Topics: legal theory, nature of law, legal reasoning, legal systems, legal institutions, the role of law, social, philosophical, and other random topics.
PART ONE: SPECIFICATION OF FRAMEWORK:
THERE IS A CONTRACT OF INSURANCE (“CI”), AND ANOTHER, SEPARATE CONTRACT (“SC”) ARGUABLY MADE PART OF (OR INCORPORATED INTO) CI IN WHOLE OR IN PART. HOW DOES ONE DETERMINE (KNOW) WHETHER SC HAS BEEN MADE PART OF CI, AND IF IT HAS, HOW IS SC TO BE INTERPRETED AND...
Cyber-Insurance aka E-Commerce Insurance–Part #1
This is the first "chapter" in a string of blogs focusing on cyber insurance. This one will concern the look of "yesterday's" policies--the ones used for a long, long time--and the look of a branch of "tomorrow's, that is, the cyber policies. Actually, the...
KICKING CANS DOWN ROADS
This essay is going to sound like a political tract of sorts, and to some extent it is. It is also, however, a reflection on parts of the legal system. It will consist of a few opening remarks, and then sets of questions, plus a few reflections...
STOP LOSS INSURANCE
Consider the following dialogue. It is more or less based upon variations of recent Opinions set forth by the Supreme Court of Texas. The people having this discussion are Quink and Malvinio. Noticing the tilting, even, retilting, and even wobbling playing field....
COVERAGE FOR SEC-IMPOSED DISGORGEMENT BASED UPON IMPROPER “AFTER HOURS” TRADING
INSURERS' MOTION TO DISMISS BASED ON PUBLIC POLICY WHERE INSURED SEEKS INDEMNITY FOR INTENTIONAL WRONGFUL-ACTS PART I: TOPICSTHIS IS ONE OF TWO BLOG POSTS REGARDING TWO "HIGHEST COURT" OPINIONS IN THE SAME COMPLEX AND UNUSUAL CASE REGARDING DELIBERATE...
‘Wrongful Act’ Insurance Coverage for Broker-Dealers in the Securities Markets
LIABILITY INSURANCE FOR DELIBERATE CONDUCT CAUSING NON-FORTUITOUS CONSEQUENCES LIABILITY INSURANCE FOR WRONGFUL ACTS AND THE PROBLEMS OF “MORAL HAZARD” LIABILITY INSURANCE FOR DISGORGEMENTS INTERPRETING THE LANGUAGE OF POLICY EXCLUSIONS UNDER NEW YORK LAW Part II:...
AMBIGUITY IN INSURANCE POLICIES
AMBIGUITY IN INSURANCE POLICIES: EARTHQUAKES, POLLUTION, AND WASTEWATER–PLUS SOME ODDBALL SURPLUS LINES MATTERS National American Insurance Co. v. New Dominion, 2021 OK 62, _ P.3d _ (2021). This case concerns unusual exclusions in a series of modified Comprehensive...
Lawyers, Election Law, Jurisprudence, and Proper Governance
ELECTION LAW, GOVERNANCE, AND DEMOCRACY Factions and therefore political parties are something that acutely concerned many of the "Founding Persons," of our republic e.g., both Washington and Madison, among many others. Political parties are a paradox. At...
Natural Law Versus Legal Positivism
AGE OLD CONTROVERSY Michael Sean Quinn* Legal Positivism (LP) is (roughly writing) this: laws are commands of the sovereign, and in legal matters, the law always trumps moral principle, even if the principle is actually best. Natural Law (NL) theory is the idea...
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