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