No longer your piece of the rock: the silent reorganization of mutual life insurance firms

Article Abstract:

Mutual life insurance companies' move into capital markets has taken place with little critical scholarly analysis and the move may prove to punish policyholders while enriching fund managers. This change has taken place under states' laws, since the states regulate the insurance industry, a situation many consider the least successful aspect in the market regulation system. The best approach to demutualization is through traditional legal and regulatory processes, not through strong-arm lobbying efforts in state legislators.

Laws, regulations and rules, Insurance industry, Holding companies

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"If it suffices to accuse": the reassessment of acquittals

Article Abstract:

The Supreme Court, in US v. Watts in 1997, dealt with whether federal judges, in sentencing convicted defendants, could take into account other charges for which the same defendants were acquitted. The Court upheld this practice despite criticism that it violated the Double Jeopardy Clause and statutes prohibiting consideration of acquitted conduct. At a deeper level, the Court's ruling disregarded the social effect of acquittals and punishments in communicating of shared beliefs about justice.

United States, Acquittals

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Exploring collateral consequences: Koon v. United States, third party harm, and departures from Federal Sentencing Guidelines

Article Abstract:

Departures from the Federal Sentencing Guidelines can be based on effects of sentencing on third parties in business as well as in the family. For example, cases in which the defendant's prison sentence would cause his business to fail, resulting in harm to employees, can be considered for downward departure from the Guidelines. A 'collateral consequences' framework is proposed to provide guidance to courts in determining whether a departure is justified.

Third parties (Law), Judicial discretion

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