Are insurance companies liable under the Americans with Disabilities Act?

Federal courts have split on the question of the applicability of the Americans with Disabilities Act to insurance coverage decisions that insurance companies make on the basis of disability; they have similarly split on other issues pertaining to the scope of that Act's application. In deciding whether to read the Act as prohibiting discrimination in insurance decisions that are often crucial in the lives of people with disabilities, courts have faced two problems. First, where it prohibits discrimination in the equal enjoyment of the goods and services of places of public accommodation, the Act's area of concern may be limited to the ability of people with disabilities to gain physical access to facilities; or that area may extend to all forms of disability-based discrimination in the provision of goods and services. This Comment argues that the language and legislative history of the Act are consistent only with the latter view. Second, the provision limiting the Act's applicability to insurance may create an exemption for all insurance decisions; or it may protect only the ability of an insurance company to make an insurance decision to the disadvantage of an insured with a disability where actuarial data support the decision. This comment argues that the ambiguous language of the limiting provision should be resolved in favor of the latter view. Legislative history and the broader background of the history of insurance discrimination law support this resolution. Consequently, the Act should be interpreted as prohibiting disability-based discrimination by insurance companies in selling insurance policies and as defining discrimination as making disability-based insurance decisions without the support of actuarial data. By accepting this interpretation, courts can help stop the pattern of judicial narrowing of the Act's application through inappropriately restrictive statutory construction.     

Do Ministers Do What They Say? Ministerial Unreliability, Collegial and Hierarchical Governments

This paper is concerned with the extent to which individual members of governments reliably implement the decisions of the governments to which they belong, a matter which is rarely discussed, if ever, and yet can be critical for the operation of national executives. After a general presentation of the problem, the paper examines the reasons why members of collegial governments are more likely to be reliable than members of hierarchical governments. As 'cabinet' governments tend to be more collegial while 'presidential' governments tend to be more hierarchical, unreliability seems also more likely to take place in presidential governments, to the extent that these are indeed hierarchical. Progress in this area has been hampered so far by the absence of a tight operational definition of collegial and hierarchical governments: such a definition is presented here, opening the way for the empirical testing of the impact which the distinction may have on the reliability of members of governments.     

Faith in forgiveness? Exploring conversions to Christianity within a former Khmer Rouge community

This article explores stories of former members of the Khmer Rouge who have converted to Christianity. It sheds light on the intersections of patterns of religious change in Cambodia, which implicates peace-building, redress, and development trajectories in the wake of conflict and atrocities. The case raises important questions about why former members of the Khmer Rouge convert to Christianity and the social, political, and ethical implications of their conversions. We explore these questions to show that, while transitions and attendant redress efforts in Cambodia have been principally explained at the level of the state, we should pay closer attention to the granular experiences of former Khmer Rouge members as they navigate Cambodia’s changing post-conflict terrain, and the social and cultural sites through which they have made their experiences of the past meaningful.