Invitation or Ambush: The Scope of an Insured's Duty to Cooperate and the Slippery Slope of Information Sharing

The policyholder's “duty to cooperate” is built into every liability insurance policy, either expressly or through the application of a state's common law. The scope of an insured's duty to cooperate is often difficult to discern, however, in terms of the type and extent of information that the insured should provide as part of the insurer's investigation of the underlying matter for which coverage is being sought. Traditionally, the duty to cooperate was intended to encourage information sharing to allow the insurer to afford the policyholder a comprehensive, informed defense to the underlying claimant's allegations. This article examines the scope of the duty to cooperate and how that duty impacts the insured's obligation to share some reasonable amount of information as part of the insurer's investigation and defense of the underlying claim, noting potential pitfalls and risks that may arise from information sharing.     

ANTHROPOLOGY AND PUBLIC POLICY IN ALASKA: RECENT POLICY RELATED TO LEGAL SYSTEMS NATIVE SUBSISTENCE AND COMMERCIAL FISHERIES

The past and potential contributions of anthropology to public policy have been described andlor argued for by numerous writers in the past decade, but the primary application and concern have been at the national and international levels. The present paper continues this discussion, but focuses on state-level policy in Alaska. The work of three Alaskan anthropologists is presented; they have made significant contributions to policy in the areas of law, Native Alaskan subsistence rights and fisheries management. Their work is evaluated in the context of a five-step model for conducting policy analysis which begins with the assessment of policy-making environments and ends with an evaluation of policy alternatives. The primary policy concerns of the anthropologists discussed involved the traditional research focus of anthropology, Native Alaskans; however, the tools they employ and background they bring to their work, the specific kinds of policy issues and problems confronted, are not as traditional. One of the anthropologists discussed is atlingit Indian completing doctoral studies at Harvard University, another is a lawyer-anthropologist, and the third is highly trained in biological and economic theory as well as computer technology. It is argued that the "hyphenated" anthropologist, at least as exemplified in the cases discussed, is most readily equipped to make policy relevant contributions.     

Successful Restitution as a Predictor of Juvenile Recidivism

Abstract This is an evaluative study of a juvenile probationary project in which youth are ordered to pay restitution as a term of probation and, to assure them means of compliance, the juvenile court arranges for and supplies their employment. Demographic variables (age and sex) and court-related variables (plea, length of probation, amount of restitution ordered, and amount and proportion actually paid) are examined in relation to one another and, most important, in relation to recidivism as measured by subsequent law violations for which the offender was investigated, and subsequent law violations that resulted in formal charges against the youth. The data demonstrate that recidivism is related to severity of the initial offense, but more important, it is related to the youth's success in achieving the restitution goal. Successful compliance with the restitution order, when success is measured by amount of restitution paid relative to the amount ordered by the court, is significantly related to revocation of probation, time given to pay, amount ordered to be paid, and subsequent offenses charged. Indeed, the proportion of restitution paid is the most important predictor of recidivism. The data reinforce the dominant legislative position that an offender's ability to pay must be taken into account in ordering restitution.     

Changing patterns of addiction and public aid receipt: tracking the unintended consequences of welfare reform

Sharp declines in welfare rolls since the passage of welfare reform legislation have led many to label it a social policy success. Using data from prereform and postreform samples of welfare applicants and recipients, as well as ethnographic data on welfare reform implementation, we examine three hypotheses based on concerns raised during the welfare reform debate about the possible effects of new policies on substance abusers and addicts: First, they would be "scared off," or discouraged from applying to aid by welfare's new requirements surrounding work and treatment. Second, they might be "weeded out," or face discrimination in the application process because of concerns about the difficulty of moving them successfully from welfare to work. Third, they might be "bumped down," or shifted to local aid programs rather than moving from welfare to self-sufficiency. Our empirical analysis finds no evidence of scaring off or weeding out, and some evidence of bumping down. Using ethnographic data, we offer some possible explanations for these findings by placing them in the context of policy change and implementation in the years following welfare reform.