Monday, February 17, 2020

To what extent has contemporary sociological theory advanced our Essay

To what extent has contemporary sociological theory advanced our understanding of race and racism - Essay Example llective, and how they have developed a common culture, while theories about cultural transmission help explain how this common culture sustains itself over generations. These are all helpful theories that explain racial identity. That said, the origins of racism are much more difficult to explain, and theories have been unsatisfactory in this regard. Some theories base racism in economic realities, others see racism as a product of dominance and dependency, while still others see an inherent intelligence gap between races, and this explains how races are separated. Therefore, no one theory regarding racial relations is satisfactory. That said, there are commonalities between the theories, so, by combining the theories, one can come up with a composite whole that might be helpful in explaining racial difference, relations and racism. The first issue that must be examined is how contemporary sociology views the issues of race and ethnicity, by examining ethnic identity theory. An ethnic group is â€Å"a reference group called upon by people who share a common history and culture, who may be identifiable because they share similar physical features and values and who, through the process of interacting with each other and establishing boundaries with others, identify themselves as being a member of that group† (Smith, 1991, p. 181). In other words, ethnic identity theory encompasses what it means to be white, black, Jewish, Irish, Chicano, etc. (White & Burke, 1987, p. 311). Ethnic identity theory derives from how one feels about his or her membership in the identified ethnic group, which includes the symbols, beliefs and values of that group. Moreover, ethnicity is not a choice – one must be born into it (Smith, 1991, p. 182). Ethnic identity development is the process that one takes to come to term s with one’s ethnicity (Smith, 1991, p. 182). Ethnic identity is learned from one’s family and community, and is developed from shared religion, culture,

Monday, February 3, 2020

Insurance Industry Antitrust Exemption Essay Example | Topics and Well Written Essays - 1500 words

Insurance Industry Antitrust Exemption - Essay Example The United States Supreme Court has made clear that the scope of the general exemption is broad, while the scope of the antitrust exemption is more limited. According to this Act, the states are given the authority to regulate the "insurance business." The regulation of the insurance business will be without the interference of the federal regulation. Unless the federal law specifically provides any regulation, there will be no interference of the federal regulation. The act provides that the "business of insurance, and every person engaged therein, shall be subject to the laws of the several States which relate to the regulation or taxation of such business." The McCarran Ferguson Act was passed by the congress which was in response to the case at the Supreme Court. The case at the court was of United States v. South-Eastern Underwriters Ass'n, 322 U.S. 533, 64 S. Ct. 1162, 88 L. Ed. 1440 (1944). Prior to this case, the issuance of an insurance policy was not considered as a commercial transaction, which according to the federal regulation would fall under the COMMERCIAL CLAUSE. It was held by the court that an insurance company that conducted substantial business across state lines was engaged in interstate commerce and thus was subject to federal antitrust regulations. Within a span of one year from the Southeas... Within a span of one year from the Southeastern Underwriters, the McCarran Ferguson Act was enacted by the Congress. The Congress also stated that, no longer would the insurance industry would be regulated by them within their boundaries. The McCarran-Ferguson Act provides that state law shall govern the regulation of insurance and that no act of Congress shall invalidate any state law unless the federal law specifically relates to insurance. The act thus mandates that a federal law that does not specifically regulate the business of insurance will not PREEMPT a state law enacted for that purpose. A state law has the purpose of regulating the insurance industry if it has the "end, intention or aim of adjusting, managing, or controlling the business of insurance" Limited Antitrust Exemption under the McCarran Ferguson Act The limited antitrust exemption under McCarran-Ferguson allows insurers to pool historic loss information so that they are better able to project future losses and charge an actuarially based price for their products. It also allows for joint development of policy forms. The act does not exempt insurers from state antitrust laws, which explicitly prohibit insurers (and all businesses), from conspiring to fix prices or otherwise restrict competition. The McCarran-Ferguson Act in no way results in any kind of restraint on competition. Under the act, insurers remain subject to rate and form regulation in every state. The home-owners policies cover all sorts of perils and hence are believed to be a federal regulator. The act's exemption applies only if three conditions are met: 1. The insurer's action pertains to the business of insurance. 2. The action must be regulated by state law. 3. The action must not be designed to boycott, coerce or