Jay M. Feinman

Rutgers Law School

Newark, NJ

United States

  • Rutgers Law School

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    • Tel: 856-225-6367
SCHOLARLY PAPERS

39

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10,185

TOTAL CITATIONS

7

Scholarly Papers (39)

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1.

Is an Advertisement an Offer? Why it is, and Why it Matters

Hastings Law Journal, Vol. 58, p. 61, 2006
Number of pages: 26 Posted: 09 Nov 2006
Jay M. Feinman and Stephen R. Brill
Rutgers Law School and Fox Rothschild LLP
Downloads 2,456 (12,728)

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contract, contract law, advertisement, advertising, offer,consumer law, consumet protection, bait and switch

2.

Liability of Accountants for Negligent Auditing: Doctrine, Policy, and Ideology

Number of pages: 49 Posted: 20 Oct 2003
Jay M. Feinman
Rutgers Law School
Downloads 1,087 (44,336)
Citation 3

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auditing, auditor liability, accountant liability

3.

Contract and Claim in Insurance Law

Connecticut Insurance Law Journal, Vol. 25, No. 1, 2018, Rutgers Law School Research Paper
Number of pages: 38 Posted: 16 May 2019
Jay M. Feinman
Rutgers Law School
Downloads 873 (60,135)
Citation 1

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insurance, insurance law, contract law, fraud, bad faith, contract interpretation

4.

Good Faith and Reasonable Expectations

Arkansas Law Review, Vol. 67, No. 3, 2014
Number of pages: 46 Posted: 06 Apr 2013 Last Revised: 24 Jan 2015
Jay M. Feinman
Rutgers Law School
Downloads 718 (78,027)

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contracts, contract law, good faith, bad faith, reasonable expectations

5.

The Law of Insurance Claim Practices: Beyond Bad Faith

Tort Trial & Insurance Practice Law Journal, Vol. 47, Issue 2, p. 693 (Winter 2012)
Number of pages: 48 Posted: 12 Nov 2012
Jay M. Feinman
Rutgers Law School
Downloads 526 (115,900)

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insurance, bad faith, claims, torts

6.

The Economic Loss Rule and Private Ordering

Arizona Law Review, Vol. 48, p. 813, 2006
Number of pages: 15 Posted: 20 Nov 2006
Jay M. Feinman
Rutgers Law School
Downloads 401 (159,753)

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economic loss, economic loss rule, pecuniary loss, torts, economic torts, economic negligence, contract law, contracts, negligence, misrepresentation, third-party beneficiary, drug testing

7.

The Insurance Relationship as Relational Contract and the 'Fairly Debatable' Rule for First-Party Bad Faith

San Diego Law Review, Vol. 46, No. 3, p. 553, 2009
Number of pages: 20 Posted: 02 Dec 2009
Jay M. Feinman
Rutgers Law School
Downloads 309 (212,750)
Citation 1

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contracts, contract law, insurance, insurance law, relational contract, bad faith

8.

Un-Making Law: The Classical Revival in the Common Law

Number of pages: 59 Posted: 31 Aug 2004
Jay M. Feinman
Rutgers Law School
Downloads 280 (236,112)

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Contract law, tort law, property law, conservatism, legal history, common law, private law

9.

Teaching Economic Torts

Kentucky Law Journal, Vol. 95, pp. 893-918, 2006-2007
Number of pages: 26 Posted: 13 Jul 2007
Jay M. Feinman
Rutgers Law School
Downloads 273 (242,373)

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legal education, economic torts, business torts, torts

10.

Henningsen v. Bloomfield Motors, Inc. (1960): Promoting Product Safety by Protecting Consumers of Defective Goods

Paul L. Tractenberg ed., Courting Justice: 10 New Jersey Cases That Shook the Nation (Rutgers University Press, 2013)
Number of pages: 26 Posted: 06 Jan 2014
Jay M. Feinman and Caitlin Edwards
Rutgers Law School and Rutgers, The State University of New Jersey - Rutgers Law School
Downloads 271 (244,132)

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Henningsen, products liability, tort law, New Jersey

11.

Liability of Lawyers and Accountants to Non-Clients: Negligence and Negligent Misrepresentation

67 Rutgers University Law Review 127 (2015)
Number of pages: 40 Posted: 15 May 2015
Jay M. Feinman
Rutgers Law School
Downloads 262 (252,586)

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torts, professional liability, economic loss, lawyers, accountants

12.

The Duty of Good Faith: A Perspective on Contemporary Contract Law

Hastings Law Journal, Vol. 66, No. 937, 2015
Number of pages: 14 Posted: 28 May 2015
Jay M. Feinman
Rutgers Law School
Downloads 242 (273,463)
Citation 1

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contract, contract law, good faith, bad faith, critical legal studies

13.

The Protection Gap in Homeowners Insurance: An Introduction

Rutgers Law School Research Paper
Number of pages: 14 Posted: 20 Sep 2019 Last Revised: 14 Mar 2023
Jay M. Feinman
Rutgers Law School
Downloads 239 (276,850)

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insurance, homeowners insurance, protection gap, insurance law

14.

What is a Protection Gap? Homeowners Insurance as a Case Study

Connecticut Insurance Law Journal, Vol. 27, No. 1, 2020
Number of pages: 34 Posted: 12 Apr 2021
Jay M. Feinman
Rutgers Law School
Downloads 228 (289,915)

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insurance, protection gap, insurance law, homeowners insurance, property insurance

15.

Attorney-Client Privilege and Work-Product Protection in Insurance Bad Faith Litigation

Tort Trial & Insurance Practice Law Journal, Spring/Summer 2018 (53:3)
Number of pages: 18 Posted: 24 Aug 2018
Jay M. Feinman
Rutgers Law School
Downloads 223 (296,211)

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Insurance, Insurance Law, Attorney-Client Privilege, Work Product, Litigation

16.

Recapturing Relational Contract Theory

Rutgers Law School Research Paper Forthcoming
Number of pages: 46 Posted: 17 Dec 2024
Jay M. Feinman
Rutgers Law School
Downloads 178 (365,290)
Citation 1

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contracts, contract law, relational contract, contract theory

17.

Incentives for Litigation or Settlement in Large Tort Cases: Responding to Insurance Company Intransigence

Roger Williams University Law Review, Vol. 13, p. 189, 2008
Number of pages: 43 Posted: 11 Sep 2008
Jay M. Feinman
Rutgers Law School
Downloads 174 (372,774)

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insurance, torts, settlement, litigation, bad faith

18.

Insurance Fraud, Agency, and Opportunism: False Swearing in Insurance Claims

Number of pages: 16 Posted: 19 Jan 2017
Jay M. Feinman
Rutgers Law School
Downloads 159 (403,243)

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Insurance, insurance law, fraud, Insurance fraud

19.

Protection Gaps in Homeowners Insurance

Number of pages: 15 Posted: 05 Mar 2022
Jay M. Feinman
Rutgers Law School
Downloads 148 (428,011)

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insurance, homeowners insurance, protection gap, insurance coverage, insurance law, homeowner

20.

A User’s Guide to the Restatement of the Law, Liability Insurance

Connecticut Insurance Law Journal, Vol. 26, No. 1, 2019, Rutgers Law School Research Paper No. Forthcoming
Number of pages: 20 Posted: 05 Sep 2020
Jay M. Feinman
Rutgers Law School
Downloads 139 (450,204)

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insurance, insurance law, liability insurance, Restatement, American Law Institute

21.

The Regulation of Insurance Claim Practices

UC Irvine Law Review, vol. 5, p. 1319, 2015
Number of pages: 35 Posted: 20 Jul 2016
Jay M. Feinman
Rutgers Law School
Downloads 129 (478,177)

Abstract:

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insurance, insurance law, bad faith, insurance claims, insurance regulation

22.

The Enforceability of Releases in Property Insurance Claims

Connecticut Insurance Law Journal, Vol. 19, No. 2, 2013
Number of pages: 23 Posted: 17 Oct 2013
Jay M. Feinman
Rutgers Law School
Downloads 111 (536,604)

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insurance, insurance law, insurance claims, contracts, releases, pre-existing duty rule

23.

Critical Teaching

The paper was prepared for a conference at Princeton University on Critical Legal Studies: Intellectual History and History of the Present, February 2020.
Number of pages: 4 Posted: 13 Jan 2021
Jay M. Feinman
Rutgers Law School
Downloads 110 (540,174)

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critical legal studies, law school teaching, legal education

24.

Lessons of Legal Reasoning: Explicit, Implicit, and Hidden

Rutgers Law School Research Paper No. forthcoming, LEGAL COMMUNICATION & RHETORIC: JALWD, vol. 21, p. 1, 2024
Number of pages: 26 Posted: 13 Dec 2024
Jay M. Feinman
Rutgers Law School
Downloads 109 (543,813)

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legal reasoning, legal theory, indeterminacy, legal ideology

25.

Improving State Regulation of Homeowners Insurance: The Essential Protections for Policyholders Project

Connecticut Insurance Law Journal, Vol. 24, No. 1, 2017
Number of pages: 26 Posted: 21 Feb 2018
Jay M. Feinman
Rutgers Law School
Downloads 94 (602,995)

Abstract:

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Insurance, Insurance Law, Insurance Regulation, Legislation

26.

Policyholder Misrepresentation in Insurance Claims

Connecticut Insurance Law Journal, Vol. 29, No. 1, 2022, Rutgers Law School Research Paper
Number of pages: 17 Posted: 17 Mar 2023
Jay M. Feinman
Rutgers Law School
Downloads 88 (628,310)

Abstract:

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insurance, insurance fraud, misrepresentation, insurance claim, false swearing

27.

Designing Public Solutions to Catastrophe Insurance Market Failures

Rutgers Law School Research Paper Forthcoming
Number of pages: 21 Posted: 09 Oct 2024
Jay M. Feinman
Rutgers Law School
Downloads 87 (632,801)

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insurance, property insurance, homeowners insurance, flood insurance, disaster insurance, disasters, catastrophes

28.

The Restatement of the Law of Liability Insurance as a Restatement

68 Rutgers University Law Review 1 (2015)
Number of pages: 27 Posted: 30 Dec 2015
Jay M. Feinman
Rutgers Law School
Downloads 76 (684,889)

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Restatement, American Law Institute, Insurance, Liability Insurance, Insurance law

29.

Developing a Homeowners Insurance Policy Comparison Tool—RU InsureScore

Number of pages: 16 Posted: 05 Apr 2023
Jay M. Feinman
Rutgers Law School
Downloads 72 (705,948)

Abstract:

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insurance, homeowners insurance

30.

Improving the Market for Homeowners Insurance

Rutgers Law School Research Paper Forthcoming
Number of pages: 52 Posted: 12 Aug 2024
Jay M. Feinman
Rutgers Law School
Downloads 51 (842,450)

Abstract:

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insurance, insurance markets, market regulation, homeowners insurance

31.

Misinformation About Insurance Fraud

Rutgers Law School Research Paper Forthcoming
Number of pages: 12 Posted: 13 Dec 2024
Jay M. Feinman
Rutgers Law School
Downloads 36 (977,133)

Abstract:

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insurance, insurance fraud, fraud

32.

Helping Homeowners Buy Insurance: Rating the States

Rutgers Law School Research Paper No. Forthcoming
Number of pages: 10 Posted: 15 Apr 2024
Jay M. Feinman
Rutgers Law School
Downloads 34 (997,690)

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insurance, homeowners insurance, insurance regulation, insurance markets, state regulation, insurance deparmtents

33.

THE POLITICAL SIGNIFICANCE OF THE WISCONSIN SCHOOL OF CONTRACTS

Wisconsin Law Review Forward, Rutgers Law School Legal Studies Research Paper Series
Number of pages: 19 Posted: 21 Apr 2021
Jay M. Feinman
Rutgers Law School
Downloads 2 (1,331,058)

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contracts, contract law, Wisconsin

34.

Negligent Misstatement in the United States

Barker, Grantham & Swain eds, The Law of Misstatements: 50 Years on from Hedley Byrne v. Heller, p. 245 (Hart Publishing, 2015)
Posted: 12 Aug 2015
Jay M. Feinman
Rutgers Law School

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misstatement, misrepresentation, Hedley Byrne, negligence

35.

Fragmented Risk: An Introduction

Rutgers Journal of Law and Public Policy, Vol. 11, Issue 1, p. 1, Fall 2013
Posted: 21 Jan 2014
Jay M. Feinman
Rutgers Law School

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36.

Ambition and Humility in Contract Law

Ambition and Humility in Contract Law, in Revisiting the Contracts Scholarship of Stewart Macaulay: On the Empirical and the Lyrical, Jean Braucher, John Kidwell, & William C. Whitford eds., Hart, 2013
Posted: 28 Feb 2013
Jay M. Feinman
Rutgers Law School

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contracts, contract law

37.

Delay, Deny, Defend: Why Insurance Companies Don't Pay Claims and What You Can Do About It

Jay M. Feinman, DELAY, DENY, DEFEND: WHY INSURANCE COMPANIES DON'T PAY CLAIMS AND WHAT YOU CAN DO ABOUT IT, Portfolio/Penquin, 2010; paperback edition 2013 by Delden Press
Posted: 08 Apr 2010 Last Revised: 06 Jan 2014
Jay M. Feinman
Rutgers Law School

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Insurance, Insurance Claims, Bad Faith

38.

Professional Liability to Third Parties, Third Edition

American Bar Association, 2013
Posted: 18 Jun 2007 Last Revised: 10 Jun 2015
Jay M. Feinman
Rutgers Law School

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professional liability, malpractice, economic negligence, torts, accountants, lawyers, attorneys

39.

Liability of a Laboratory for Negligent Employment or Pre-Employment Drug Testing

Posted: 11 Oct 1999
Amy Newnam and Jay M. Feinman
Schnader Harrison Segal & Lewis and Rutgers Law School

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