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Litigation

1997

Duke Law

Articles 1 - 6 of 6

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Private Litigation And The Deterrence Of Corporate Misconduct, James D. Cox Oct 1997

Private Litigation And The Deterrence Of Corporate Misconduct, James D. Cox

Law and Contemporary Problems

Cox discusses the linkage between private litigation and the deterrence of corporate misconduct.


Deterrence Of Corporate Fraud Through Securities Litigation: The Role Of Institutional Investors, Keith L. Johnson Oct 1997

Deterrence Of Corporate Fraud Through Securities Litigation: The Role Of Institutional Investors, Keith L. Johnson

Law and Contemporary Problems

Johnson suggests that institutions are uniquely positioned to enhance the deterrence function of securities litigation without undermining the compensation goal.


Preempting Unintended Consequences, A. A. Sommer Jr. Jul 1997

Preempting Unintended Consequences, A. A. Sommer Jr.

Law and Contemporary Problems

Sommer offers some insights on preemption. The case for preemption is that there is an inherent logic and consistency in having litigation involving nationally traded securities resolved in a single forum.


Medical Malpractice And Managed Care Organizations: The Implied Warranty Of Quality, William S. Brewbaker Iii Apr 1997

Medical Malpractice And Managed Care Organizations: The Implied Warranty Of Quality, William S. Brewbaker Iii

Law and Contemporary Problems

Managed care organizations (MCOs) have become prime targets in the new medical malpractice litigation, but getting a judgment against an MCO can be difficult. It is argued that courts should impose a tort-based implied warranty of quality on MCOs, under which they would be liable for selling physician services that are negligently rendered.


The Road From Medical Injury To Claims Resolution: How No-Fault And Tort Differ, Frank A. Sloan, Kathryn Whetten-Goldstein, Stephen S. Entman, Elizabeth D. Kulas, Emily M. Stout Apr 1997

The Road From Medical Injury To Claims Resolution: How No-Fault And Tort Differ, Frank A. Sloan, Kathryn Whetten-Goldstein, Stephen S. Entman, Elizabeth D. Kulas, Emily M. Stout

Law and Contemporary Problems

In the area of medical malpractice, no-fault has been offered as a response to the criticisms leveled against tort litigation for medical injuries. Five issues of no-fault are examined within the context of obstetrical malpractice.


Adapting Mediation To Link Resolution Of Medical Malpractice Dispute With Health Care Quality Improvement, Edward A. Dauer, Leonard J. Marcus Jan 1997

Adapting Mediation To Link Resolution Of Medical Malpractice Dispute With Health Care Quality Improvement, Edward A. Dauer, Leonard J. Marcus

Law and Contemporary Problems

It is hypothesized that mediation in either a fault-based or a no-fault environment can make claims resolution more efficient and simultaneously promote quality improvement in health care more effectively than does the litigation/settlement process.