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Full-Text Articles in Law
Law And Engineering: In Search Of The Law-Science Problem, Jerry L. Mashaw
Law And Engineering: In Search Of The Law-Science Problem, Jerry L. Mashaw
Law and Contemporary Problems
Lawyers and scientists both have the intellectual conceit that a well-defined problem is not only a necessary, but almost a sufficient, condition for a successful solution. Mashaw examines the applied science of engineering in the context of health and safety regulation, focusing on the law-science interface at the NHTSA.
The “Bad Science” Fiction: Reclaiming The Debate Over The Role Of Science In Public Health And Environmental Regulation, Wendy E. Wagner
The “Bad Science” Fiction: Reclaiming The Debate Over The Role Of Science In Public Health And Environmental Regulation, Wendy E. Wagner
Law and Contemporary Problems
Wagner argues that the good-science reforms miss the mark and have the potential to cause significant damage to already crippled administrative processes. Background information is presented relating to the sources of dissatisfaction with regulatory science and how the three most popular reforms purport to address these concerns.
Accounting For Science: The Independence Of Public Research In The New, Subterranean Administrative Law, Donald T. Hornstein
Accounting For Science: The Independence Of Public Research In The New, Subterranean Administrative Law, Donald T. Hornstein
Law and Contemporary Problems
The White House Office of Management and Budget (OMB) is putting the final touches on a system designed to account for the science used by federal agencies in their administrative missions. There are reasons for concern that OMB's new programs could be used to skew the system by which regulatory science is generated in the first place.
Enforcing Bias-Crime Laws Without Bias: Evaluating The Disproportionate-Enforcement Critique, Frederick M. Lawrence
Enforcing Bias-Crime Laws Without Bias: Evaluating The Disproportionate-Enforcement Critique, Frederick M. Lawrence
Law and Contemporary Problems
No abstract provided.
The Reality Of Racial Disparity In Criminal Justice: The Significance Of Data Collection, David A. Harris
The Reality Of Racial Disparity In Criminal Justice: The Significance Of Data Collection, David A. Harris
Law and Contemporary Problems
Criminologists have long debated the presence of racial disparity at various places in the criminal justice system, from initial on-the-street encounters between citizens and police officers to the sentencing behavior of judges. What is new is the use of statistics designed to persuade the public, and not just other academics and researchers, that grave racial disparities exist in the system, and that these disparities necessitate significant policy changes.
Using Managed Care Tools In Traditional Medicare — Should We? Could We?, Robert A. Berenson, Dean M. Harris
Using Managed Care Tools In Traditional Medicare — Should We? Could We?, Robert A. Berenson, Dean M. Harris
Law and Contemporary Problems
Berenson and Harris consider whether the most controversial tools of managed care, including selective contracting, gatekeeping, and prior authorization, should be adopted in the Medicare program. On policy and practical political grounds, they do not recommend selective contracting or gatekeeping. Nevertheless, Medicare should be granted the authority to have preferred providers and case management programs that could treat providers differently and could permit certain beneficiaries to receive additional, off-policy benefits.
Piracy In Russia And China: A Different U.S. Reaction, Connie Neigel
Piracy In Russia And China: A Different U.S. Reaction, Connie Neigel
Law and Contemporary Problems
Both Russia and China refused to adopt international copyright agreements until pressured by other countries, particularly the US. The US has pursued China's copyright abuses more aggressively than it has pursued similar abuses by Russia. Neigel attempts to explain the reasons for this disparate treatment.
Premises For Reforming The Regulation Of Securities Offerings: An Essay, James D. Cox
Premises For Reforming The Regulation Of Securities Offerings: An Essay, James D. Cox
Law and Contemporary Problems
Cox discusses six fundamental tenets that should guide the regulation of public offerings of securities. It is assumed that regulation is to be re-examined from the ground up, with no political or regulatory constraints.
Foreword, Neil Kinkopf
A Report Card On The Impeachment: Judging The Institutions That Judged President Clinton, Susan Low Bloch
A Report Card On The Impeachment: Judging The Institutions That Judged President Clinton, Susan Low Bloch
Law and Contemporary Problems
Reflecting on the impeachment and trial of Pres Bill Clinton, Bloch considers how well the impeachment process worked and what was learned from the experience that might be a guide in the event of another impeachment in the future. Any critique of the impeachment process should begin with the independent counsel statute.
Bakke Betrayed, Alan J. Meese
Bakke Betrayed, Alan J. Meese
Law and Contemporary Problems
While it seems that a President who disagrees with the Supreme Court's account of the Constitution faces only two choices--to enforce the Court's decision or defy the Court and take his case to a skeptical populace--there is a third way in which the President can publicly embrace the doctrine in question, while at the same time refusing to follow it. Pres Clinton's Administration has followed just such a third way approach to "Regents of the University of California v. Bakke."
The Scope Of Volunteer Activity And Public Service, Eleanor Brown
The Scope Of Volunteer Activity And Public Service, Eleanor Brown
Law and Contemporary Problems
Brown offers an overview of the scope of volunteering in the US, beginning with a definition of volunteers. She then considers the purposes to which volunteer labor is put, and examines some determinates of volunteering, paying particular attention to factors shaping the volunteer activities of the young and the old.
Why “Amateurs”?, Charles T. Clotfelter
Why “Amateurs”?, Charles T. Clotfelter
Law and Contemporary Problems
No abstract provided.
Lawyers And Policymakers In Government, Peter H. Schuck
Lawyers And Policymakers In Government, Peter H. Schuck
Law and Contemporary Problems
Schuck discusses the conflicts in policymaking that occurred between the office of the ASPE (Assistant Secretary for Planning and Evaluation) and the Secretary of the Department of Health, Education, and Welfare, Joseph A. Califano. Califano believed that only lawyers were fit policymakers and everyone else was a mere technician.
Independent Counsel And Vigorous Investigation And Prosecution, William Michael Treanor
Independent Counsel And Vigorous Investigation And Prosecution, William Michael Treanor
Law and Contemporary Problems
Two completed investigations into allegations of presidential wrongdoing, Watergate and Iran-Contra, are examined and the offices of Independent Counselor and Special Prosecutor are discussed.
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.
Administrative Performance Of “No-Fault” Compensation For Medical Injury, Randall R. Bovbjerg, Frank A. Sloan, Peter J. Rankin
Administrative Performance Of “No-Fault” Compensation For Medical Injury, Randall R. Bovbjerg, Frank A. Sloan, Peter J. Rankin
Law and Contemporary Problems
"No-fault" is the leading alternative to traditional liability systems for resolving medically caused injuries, and policy interest in such reform reflects numerous concerns with the traditional tort system as it operates in the medical field through malpractice insurance. The administrative experience of the Florida and Virginia no-fault programs is examined.
Can The United States Afford A “No-Fault” System Of Compensation For Medical Injury?, David M. Studdert, Eric J. Thomas, Brett I. W. Zbar, Joseph P. Newhouse, Paul C. Weiler, Jonathon Bayuk, Troyen A. Brennan
Can The United States Afford A “No-Fault” System Of Compensation For Medical Injury?, David M. Studdert, Eric J. Thomas, Brett I. W. Zbar, Joseph P. Newhouse, Paul C. Weiler, Jonathon Bayuk, Troyen A. Brennan
Law and Contemporary Problems
One of the key issues separating US critics of a no-fault alternative to the tort system for compensating victims of medical injury from supporters is its anticipated cost. Results from a study are presented that estimate the costs of a no-fault system, one that is similar to the system now in operation in Sweden, within the context of the US health care system.
Grading The Performance Of A Legislator, Leo J. Raskind
Grading The Performance Of A Legislator, Leo J. Raskind
Law and Contemporary Problems
The case is made that Rep Robert Kastenmeier should be honored as a distinguished public servant. His record reflects both a concern for the public interest and a sensitivity to the needs of special interest groups.
Science In The Court: Is There A Role For Alternative Dispute Resolution, Deborah R. Hensler
Science In The Court: Is There A Role For Alternative Dispute Resolution, Deborah R. Hensler
Law and Contemporary Problems
It is suggested that alternative dispute resolution procedures might remedy perceived problems in court procedures for dealing with scientific questions in medical malpractice, product liability and toxic tort litigation.
Medical Experts And The Ghost Of Galileo, Peter Huber
Medical Experts And The Ghost Of Galileo, Peter Huber
Law and Contemporary Problems
The law and science of traumatic cancer and cerebral palsy are discussed in the context of rules of evidence that are concerned with the testimony of medical experts in court. An evidentiary fallacy is demonstrated using the scientific expertise of the scientist Galileo as an example.
Are Juries Competent To Evaluate Statistical Evidence?, William C. Thompson
Are Juries Competent To Evaluate Statistical Evidence?, William C. Thompson
Law and Contemporary Problems
No abstract provided.
The Question Of Jury Competence And The Politics Of Civil Justice Reform: Symbols, Rhetoric, And Agenda-Building, Stephen Daniels
The Question Of Jury Competence And The Politics Of Civil Justice Reform: Symbols, Rhetoric, And Agenda-Building, Stephen Daniels
Law and Contemporary Problems
No abstract provided.
Applying Antitrust Law To Collaboration In The Production Of Information: The Case Of Medical Technology Assessment, Clark C. Havighurst
Applying Antitrust Law To Collaboration In The Production Of Information: The Case Of Medical Technology Assessment, Clark C. Havighurst
Law and Contemporary Problems
No abstract provided.
The Antitrust Analysis Of Hospital Mergers And The Transformation Of The Hospital Industry, Jonathan B. Baker
The Antitrust Analysis Of Hospital Mergers And The Transformation Of The Hospital Industry, Jonathan B. Baker
Law and Contemporary Problems
No abstract provided.
The Role Of Quality Of Health Care Considerations In Antitrust Analysis, Thomas E. Kauper
The Role Of Quality Of Health Care Considerations In Antitrust Analysis, Thomas E. Kauper
Law and Contemporary Problems
No abstract provided.
Foreword: Economists On The Bench, Jerome M. Culp
Foreword: Economists On The Bench, Jerome M. Culp
Law and Contemporary Problems
No abstract provided.
Antitrust, Law & Economics, And Politics, John J. Gibbons
Antitrust, Law & Economics, And Politics, John J. Gibbons
Law and Contemporary Problems
No abstract provided.
Foreword, Richard F. Babcock
Summation, Malcolm Misuraca