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Liability Insurance And The Regulation Of Firearms
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Book Synopsis Liability Insurance and the Regulation of Firearms by : Tom Baker
Download or read book Liability Insurance and the Regulation of Firearms written by Tom Baker and published by . This book was released on 2004 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prepared for an edited volume on gun litigation (Suing the Firearms Industry, T. Lytton, ed.), this working paper examines the topic of gun risks as a case study of liability insurance as a form of regulation. The paper identifies the following broad categories of 'regulation by insurance': loss spreading, gate keeping, loss prevention, management of loss costs, research and education, engagement with public regulators, liability limitation, and selective exclusion. Personal lines liability insurers have adopted as their main approach to gun related injuries the strategy of selective exclusion, through the application of the intentional harm exclusion. Commercial liability insurers employ a somewhat broader array of techniques. Selective exclusion is the main tool, but there is some evidence of gate keeping and prevention. Interestingly, guns appear to be regarded as more significant property risks (theft, fire and explosion) than liability risks. In the context of the quot;insurance as governancequot; literature, the main contribution of the paper is to emphasize that the freedom to exclude risks means that private insurance cannot be counted upon to address difficult social problems such as gun violence.
Book Synopsis Mandatory Liability Insurance for Firearm Owners by : Stephen G. Gilles
Download or read book Mandatory Liability Insurance for Firearm Owners written by Stephen G. Gilles and published by . This book was released on 2013 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Mandatory Liability Insurance for Firearm Owners by : Stephen G. Gilles
Download or read book Mandatory Liability Insurance for Firearm Owners written by Stephen G. Gilles and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Suing the Gun Industry by : Timothy Lytton
Download or read book Suing the Gun Industry written by Timothy Lytton and published by University of Michigan Press. This book was released on 2009-04-21 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Mass tort litigation against the gun industry, with its practical weaknesses, successes, and goals, provides the framework for this collection of thoughtful essays by leading social scientists, lawyers, and academics. . . . These informed analyses reveal the complexities that make the debate so difficult to resolve. . . . Suing the Gun Industry masterfully reveals the many details contributing to the intractability of the gun debate." -New York Law Journal "Second Amendment advocate or gun-control fanatic, all Americans who care about freedom need to read Suing the Gun Industry." -Bob Barr, Member of Congress, 1995-2003, and Twenty-First Century Liberties Chair for Freedom and Privacy, American Conservative Union "The source for anyone interested in a balanced analysis of the lawsuits against the gun industry." -David Hemenway, Professor of Health Policy & Director, Harvard Injury Control Research Center Harvard School of Public Health Health Policy and Management Department, author of Private Guns, Public Health "Highly readable, comprehensive, well-balanced. It contains everything you need to know, and on all sides, about the wave of lawsuits against U.S. gun manufacturers." -James B. Jacobs, Warren E. Burger Professor of Law and author of Can Gun Control Work? "In Suing the Gun Industry, Timothy Lytton has assembled some of the leading scholars and advocates, both pro and con, to analyze this fascinating effort to circumvent the well-known political obstacles to more effective gun control. This fine book offers a briefing on both the substance and the legal process of this wave of lawsuits, together with a better understanding of the future prospects for this type of litigation vis-à-vis other industries." -Philip J. Cook, Duke University "An interesting collection, generally representing the center of the gun-control debate, with considerable variation in focus, objectivity, and political realism." -Paul Blackman, retired pro-gun criminologist and advocate Gun litigation deserves a closer look amid the lessons learned from decades of legal action against the makers of asbestos, Agent Orange, silicone breast implants, and tobacco products, among others. Suing the Gun Industry collects the diverse and often conflicting opinions of an outstanding cast of specialists in law, public health, public policy, and criminology and distills them into a complete picture of the intricacies of gun litigation and its repercussions for gun control. Using multiple perspectives, Suing the Gun Industry scrutinizes legal action against the gun industry. Such a broad approach highlights the role of this litigation within two larger controversies: one over government efforts to reduce gun violence, and the other over the use of mass torts to regulate unpopular industries. Readers will find Suing the Gun Industry a timely and accessible picture of these complex and controversial issues. Contributors: Tom Baker Donald Braman Brannon P. Denning Tom Diaz Howard M. Erichson Thomas O. Farrish Shannon Frattaroli John Gastil Dan M. Kahan Don B. Kates Timothy D. Lytton Julie Samia Mair Richard A. Nagareda Peter H. Schuck Stephen D. Sugarman Stephen Teret Wendy Wagner
Book Synopsis In Defense of Gun Control by : Hugh LaFollette
Download or read book In Defense of Gun Control written by Hugh LaFollette and published by Oxford University Press. This book was released on 2018-05-31 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: The gun control debate is more complex than we often acknowledge. What is often phrased as a single question -- should we have gun control -- Is actually made up of three distinct policy questions. First, who should we permit people to have guns? Second, which guns should be allowed? Thirdly, how should we regulate the acquisition, storage, and carrying of the guns people may legitimately own? To answer these questions we must decide whether (and which) people have a right to bear arms, what kind of right they have, and how stringent that right is. We must also evaluate divergent empirical claims about (a) the role of guns in causing harm, and (b) the degree to which private ownership of guns can protect innocent civilians from attacks by criminals, either in their homes or in public. Hugh LaFollette sorts through the conceptual, moral, and empirical claims to fairly assess arguments for and against serious gun control, and ultimately argues that the US needs far more gun control than we currently have in most jurisdictions.
Book Synopsis Regulation by Liability Insurance by : Tom Baker
Download or read book Regulation by Liability Insurance written by Tom Baker and published by . This book was released on 2013 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: Liability insurers use a variety of tools to address adverse selection and moral hazard in insurance relationships. These tools can act on insureds in a manner that can be understood as regulation. We identify seven categories of such regulatory activities: risk-based pricing, underwriting, contract design, claims management, loss prevention services, research and education, and engagement with public regulators. We describe these activities in general terms and then draw upon prior literature to explore them in the context of five areas of liability and corresponding insurance: shareholder liability, auto liability, gun liability, medical professional liability, and lawyers' professional liability. The goal is to develop a conceptual framework to guide qualitative research on liability insurance as governance for initial application to lawyers' liability and insurance.
Book Synopsis ATF - National Firearms Act Handbook by : U.S. Department of Justice
Download or read book ATF - National Firearms Act Handbook written by U.S. Department of Justice and published by Lulu.com. This book was released on 2019-03-17 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook is primarily for the use of persons in the business of importing, manufacturing, and dealing in firearms defined by the National Firearms Act (NFA) or persons intending to go into an NFA firearms business. It should also be helpful to collectors of NFA firearms and other persons having questions about the application of the NFA. This publication is not a law book. Rather, it is intended as a ?user friendly? reference book enabling the user to quickly find answers to questions concerning the NFA. Nevertheless, it should also be useful to attorneys seeking basic information about the NFA and how the law has been interpreted by ATF. The book's Table of Contents will be helpful to the user in locating needed information. Although the principal focus of the handbook is the NFA, the book necessarily covers provisions of the Gun Control Act of 1968 and the Arms Export Control Act impacting NFA firearms businesses and collectors.
Book Synopsis Weapon of Choice by : Fredrick E. Ayres
Download or read book Weapon of Choice written by Fredrick E. Ayres and published by Harvard University Press. This book was released on 2020-10-27 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: How ordinary Americans, frustrated by the legal and political wrangling over the Second Amendment, can fight for reforms that will both respect gun owners’ rights and reduce gun violence. Efforts to reduce gun violence in the United States face formidable political and constitutional barriers. Legislation that would ban or broadly restrict firearms runs afoul of the Supreme Court’s current interpretation of the Second Amendment. And gun rights advocates have joined a politically savvy firearm industry in a powerful coalition that stymies reform. Ian Ayres and Fredrick Vars suggest a new way forward. We can decrease the number of gun deaths, they argue, by empowering individual citizens to choose common-sense gun reforms for themselves. Rather than ask politicians to impose one-size-fits-all rules, we can harness a libertarian approach—one that respects and expands individual freedom and personal choice—to combat the scourge of gun violence. Ayres and Vars identify ten policies that can be immediately adopted at the state level to reduce the number of gun-related deaths without affecting the rights of gun owners. For example, Donna’s Law, a voluntary program whereby individuals can choose to restrict their ability to purchase or possess firearms, can significantly decrease suicide rates. Amending Red Flag statutes, which allow judges to restrict access to guns when an individual has shown evidence of dangerousness, can give police flexible and effective tools to keep people safe. Encouraging the use of unlawful possession petitions can help communities remove guns from more than a million Americans who are legally disqualified from owning them. By embracing these and other new forms of decentralized gun control, the United States can move past partisan gridlock and save lives now.
Book Synopsis Gunfight: The Battle over the Right to Bear Arms in America by : Adam Winkler
Download or read book Gunfight: The Battle over the Right to Bear Arms in America written by Adam Winkler and published by W. W. Norton & Company. This book was released on 2011-09-19 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: A provocative history that reveals how guns—not abortion, race, or religion—are at the heart of America's cultural divide. Gunfight is a timely work examining America’s four-centuries-long political battle over gun control and the right to bear arms. In this definitive and provocative history, Adam Winkler reveals how guns—not abortion, race, or religion—are at the heart of America’s cultural divide. Using the landmark 2008 case District of Columbia v. Heller—which invalidated a law banning handguns in the nation’s capital—as a springboard, Winkler brilliantly weaves together the dramatic stories of gun-rights advocates and gun-control lobbyists, providing often unexpected insights into the venomous debate that now cleaves our nation.
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Book Synopsis Lawyers, Guns, and Money by : Carol X. Vinzant
Download or read book Lawyers, Guns, and Money written by Carol X. Vinzant and published by St. Martin's Press. This book was released on 2015-03-31 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: This inspiring book, Lawyers, Guns, and Money by Carol X. Vinzant, recounts the heroic efforts of Tom McDermott, a lawyer and victim of the infamous Colin Ferguson rampage on the Long Island Railroad, to take on the gun industry. He is among the leaders of an innovative and promising strategy to circumvent the NRA's political power and courts constrained by interpretations of the Second Amendment. Through civil action he hits the gun companies where it hurts most: the bottom line. Making insurance difficult for manufacturers to get, he has helped reduce the number of cheap hand guns, "Saturday Night Specials," often used in crime. This is a riveting account of tragedy turned into action, and how the law can be used to defend victims rather than enrich corporations.
Book Synopsis Debating Gun Control by : David DeGrazia
Download or read book Debating Gun Control written by David DeGrazia and published by Oxford University Press. This book was released on 2016 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans have an ambivalent relationship to guns. The debate over the role of guns and gun regulations in American society tends to be acrimonious and misinformed. DeGrazia and Hunt bring the advantages of philosophical analysis to this highly-charged issue in the service of illuminating the strongest possible cases for and against (relatively extensive) gun regulations.
Book Synopsis Guns, Democracy, and the Insurrectionist Idea by : Joshua Horwitz
Download or read book Guns, Democracy, and the Insurrectionist Idea written by Joshua Horwitz and published by University of Michigan Press. This book was released on 2009-04-29 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Guns, Democracy, and the Insurrectionist Idea recasts the gun debate by showing its importance to the future of democracy and the modern regulatory state. Until now, gun rights advocates had effectively co-opted the language of liberty and democracy and made it their own. This book is an important first step in demonstrating how reasonable gun control is essential to the survival of democracy and ordered liberty." ---Saul Cornell, Ohio State University When gun enthusiasts talk about constitutional liberties guaranteed by the Second Amendment, they are referring to freedom in a general sense, but they also have something more specific in mind---freedom from government oppression. They argue that the only way to keep federal authority in check is to arm individual citizens who can, if necessary, defend themselves from an aggressive government. In the past decade, this view of the proper relationship between government and individual rights and the insistence on a role for private violence in a democracy has been co-opted by the conservative movement. As a result, it has spread beyond extreme militia groups to influence state and national policy. In Guns, Democracy, and the Insurrectionist Idea, Joshua Horwitz and Casey Anderson set the record straight. They challenge the proposition that more guns equal more freedom and expose Insurrectionism as a true threat to freedom in the United States today. Joshua Horwitz received a law degree from George Washington University and is currently a visiting scholar at the Johns Hopkins Bloomberg School of Public Health. Casey Anderson holds a law degree from Georgetown University and is currently a lawyer in private practice in Washington, D.C.
Book Synopsis Guns in America by : Donald J. Campbell
Download or read book Guns in America written by Donald J. Campbell and published by Bloomsbury Publishing USA. This book was released on 2021-08-09 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work provides readers with an authoritative resource for understanding the true extent and nature of gun violence in America, examining the veracity of claims and counterclaims about mass shootings, gun laws, and public attitudes about gun control. This work is part of a series that uses evidence-based documentation to examine the veracity of claims and beliefs about high-profile issues in American culture and politics. Each book in the Contemporary Debates series is intended to puncture rather than perpetuate myths that diminish our understanding of important policies and positions; to provide needed context for misleading statements and claims; and to confirm the factual accuracy of other assertions. This particular volume examines beliefs, claims, and myths about gun violence, gun laws, and gun rights in the United States. Issues covered in the book include trends in firearm violence, mass shootings, the impact of gun ownership on rates and types of crime, regulations and Supreme Court decisions regarding gun control and the Second Amendment, and the activities and influence of organizations ranging from the National Rifle Association to Everytown for Gun Safety. All of these topics are examined in individualized entries, with objective responses grounded in up-to-date evidence.
Book Synopsis The Toughest Gun Control Law in the Nation by : James B. Jacobs
Download or read book The Toughest Gun Control Law in the Nation written by James B. Jacobs and published by NYU Press. This book was released on 2023-05-05 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive assessment of real gun reform legislation with recommendations for better design, implementation and enforcement A month after the Sandy Hook Elementary School shooting, New York State passed, with record speed, the first and most comprehensive state post-Sandy Hook gun control law. In The Toughest Gun Control Law in the Nation, James B. Jacobs and Zoe Fuhr ask whether the 2013 SAFE Act — hailed by Governor Andrew Cuomo as “the nation’s toughest gun control law” – has lived up to its promise. Jacobs and Fuhr illuminate the gap between gun control on the books and gun control in action. They argue that, to be effective, gun controls must be capable of implementation and enforcement. This requires realistic design, administrative and enforcement capacity and commitment and ongoing political and fiscal support. They show that while the SAFE Act was good symbolic politics, most of its provisions were not effectively implemented or, if implemented, not enforced. Gun control in a society awash with guns poses an immense regulatory challenge. The Toughest Gun Control Law in the Nation takes a tough-minded look at the technological, administrative, fiscal and local political impediments to effectively keeping guns out of the hands of dangerous persons and eliminating some types of guns altogether.
Book Synopsis Climate Change and Catastrophe Management in a Changing China by : Qihao He
Download or read book Climate Change and Catastrophe Management in a Changing China written by Qihao He and published by Edward Elgar Publishing. This book was released on with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: China is the largest greenhouse gas emitter in the world and also suffers from devastating climate catastrophes. Increasingly, policymakers in China have come to realize that government alone cannot adequately prevent or defray climate-related disaster risks. This book contends that a better way to manage catastrophe risk in China is through private insurance rather than directly through the Chinese government. In addition, private insurance could function as a substitute for, or complement to, government regulation of catastrophe risks by causing policyholders to take greater precautions to reduce climate change risks.
Book Synopsis Gun Control Legislation by : William J. Krouse
Download or read book Gun Control Legislation written by William J. Krouse and published by DIANE Publishing. This book was released on with total page 51 pages. Available in PDF, EPUB and Kindle. Book excerpt: Congress has continued to debate the efficacy and constitutionality of federal regulation of firearms and ammunition, with strong advocates arguing for and against greater gun control. While several dozen gun control-related proposals have been introduced in recent Congresses, only a handful of those bills received significant legislative action. The 109th Congress, for example, passed two bills with firearmsrelated provisions that were enacted into law. P.L. 109-72 prohibits certain types of lawsuits against firearm manufacturers and dealers to recover damages related to the criminal or unlawful use of their products by other persons, and P.L. 109-295 includes a provision that prohibits federal officials from seizing any firearm from private persons during a major disaster or emergency, if possession of that firearm was not already prohibited under federal or state law. Nevertheless, the 110th Congress could possibly reconsider several gun control proposals that were considered as part of appropriations and crime legislation in the previous Congress. During the 109th Congress, the House amended the Children's Safety Act of 2005 (H.R. 3132) to prohibit the transfer or possession of a firearm to or by any person convicted of a sex offense against a minor. The House also amended Secure Access to Justice and Court Protection Act of 2005 (H.R. 1751) to authorize certain federal court judges and officials to carry firearms for personal protection. The Senate passed a different version of H.R. 1751 that included similar provisions, as well as provisions designed to clarify and expand the Law Enforcement Officers Safety Act (P.L. 108-277) -- a law that gives concealed carry privileges to qualified on-duty and retired law enforcement officers. None of those provisions were enacted into law, however. In addition, the House Judiciary considered four gun-related bills: the ATFE Modernization and Reform Act of 2006 (H.R. 5092), the Firearms Corrections and Improvement Act (H.R. 5005), the Firearm Commerce Modernization Act (H.R. 1384), and the NICS Improvement Act of 2005 (H.R. 1415). H.R. 5092 was passed by the House. The 109th Congress, moreover, maintained a fee prohibition for Brady background checks and other funding limitations and conditions related to gun enforcement in the FY2006 DOJ appropriations (P.L. 109-108). Those limitations and conditions have been continued into FY2007 under continuing resolutions. They are often referred to as the "Tiahrt amendment," for their sponsor in the FY2004 appropriations cycle, Representative Todd Tiahrt. Issues addressed in those bills, as well as the Tiahrt funding limitations and conditions, could be reconsidered in the 110th Congress. Senator Charles Schumer, for example, has introduced a bill (S. 77) that would repeal portions of the Tiahrt amendment that limit the sharing of firearm trace data. Other gun control-related issues that may reemerge in the 110th Congress include (1) retaining Brady background check records for approved transactions to enhance terrorist screening, (2) more strictly regulating certain long-range fifty caliber rifles, (3) further regulating certain firearms previously defined in statute as "assault weapons," and (4) requiring background checks for firearm transfers at gun shows. This report will updated to reflect legislative action.
