Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 23 of 23
Full-Text Articles in Law
Rationalizing Noneconomic Damages: A Health-Utilities Approach, David M. Studdert, Allen Kachalia, Joshua A. Salomon, Michelle M. Mello
Rationalizing Noneconomic Damages: A Health-Utilities Approach, David M. Studdert, Allen Kachalia, Joshua A. Salomon, Michelle M. Mello
Law and Contemporary Problems
Studdert et al examine why making compensation of noneconomic damages in personal-injury litigation more rational and predictable is socially valuable. Noneconomic-damages schedules as an alternative to caps are discussed, several potential approaches to construction of schedules are reviewed, and the use of a health-utilities approach as the most promising model is argued. An empirical analysis that combines health-utilities data created in a previous study with original empirical work is used to demonstrate how key steps in construction of a health-utilities-based schedule for noneconomic damages might proceed.
Beyond “It Just Ain’T Worth It”: Alternative Strategies For Damage Class Action Reform, Deborah R. Hensler, Thomas D. Rowe Jr.
Beyond “It Just Ain’T Worth It”: Alternative Strategies For Damage Class Action Reform, Deborah R. Hensler, Thomas D. Rowe Jr.
Law and Contemporary Problems
No abstract provided.
Loser-Pays—Or Whose “Fault” Is It Anyway: A Response To Hensler-Rowe’S “Beyond ‘It Just Ain’T Worth It’”, Marc I. Gross
Loser-Pays—Or Whose “Fault” Is It Anyway: A Response To Hensler-Rowe’S “Beyond ‘It Just Ain’T Worth It’”, Marc I. Gross
Law and Contemporary Problems
No abstract provided.
A Comparison Of Trading Models Used For Calculating Aggregate Damages In Securities Litigation, Michael Barclay, Frank C. Torchio
A Comparison Of Trading Models Used For Calculating Aggregate Damages In Securities Litigation, Michael Barclay, Frank C. Torchio
Law and Contemporary Problems
No abstract provided.
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.
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.
The Letter Of The Law: The Scope Of The International Legal Obligation To Prosecute Human Rights Crimes, Michael Scharf
The Letter Of The Law: The Scope Of The International Legal Obligation To Prosecute Human Rights Crimes, Michael Scharf
Law and Contemporary Problems
While international criminal conventions are limited in their application, there is growing recognition of a duty for states to do something to give meaning to human rights.
International Crimes: Jus Cogens And Obligatio Erga Omnes, M. Cherif Bassiouni
International Crimes: Jus Cogens And Obligatio Erga Omnes, M. Cherif Bassiouni
Law and Contemporary Problems
There are both gaps and weaknesses in the various sources of International Criminal Law in norms and enforcement modalities. A comprehensive international codification would solve these problems, but this is not forthcoming.
Searching For Peace And Achieving Justice: The Need For Accountability, M. Cherif Bassiouni
Searching For Peace And Achieving Justice: The Need For Accountability, M. Cherif Bassiouni
Law and Contemporary Problems
Despite a high level of mass violence in the post-war years, there have been few prosecutions at the international or national level. Impunity for such crimes is a betrayal of human solidarity with the victims.
Legal Responses To Genocide And Other Massive Violations Of Human Rights, W. Michael Reisman
Legal Responses To Genocide And Other Massive Violations Of Human Rights, W. Michael Reisman
Law and Contemporary Problems
The international community could halt the proliferation of genocides by arresting them before, or at least while they are happening, by any means necessary. Instead, the focus is on actions after the fact.
The Place Of Law In Addressing International Regime Conflict, Jennifer L. Balint
The Place Of Law In Addressing International Regime Conflict, Jennifer L. Balint
Law and Contemporary Problems
No abstract provided.
Lessons From The Americas: Guidelines For International Response To Amnesties For Atrocities, Douglass Cassel
Lessons From The Americas: Guidelines For International Response To Amnesties For Atrocities, Douglass Cassel
Law and Contemporary Problems
The impunity enjoyed by perpetrators of human rights violations, thanks in part to amnesty laws, is summarized. The international community should adopt guidelines to assist their own officials in responding to future amnesties.
Combating Impunity: Some Thoughts On The Way Forward, Naomi Roht-Arriaza
Combating Impunity: Some Thoughts On The Way Forward, Naomi Roht-Arriaza
Law and Contemporary Problems
Some of the tasks needed to be done by legal scholars and advocates to combat impunity in cases of massive violations of human rights are discussed. Pathways for implementation of these ideas are many and overlapping.
Love It Or Leave It: Property Rules, Liability Rules, And Exclusivity Of Remedies In Partnership And Marriage, Saul Levmore
Love It Or Leave It: Property Rules, Liability Rules, And Exclusivity Of Remedies In Partnership And Marriage, Saul Levmore
Law and Contemporary Problems
A claim for "final accounting" as a partner's exclusive remedy is a traditional rule in partnership law, but this rule can be unfair and inefficient. The evolution of the rules of partnership law away from the love-it-or-leave-it, or "exclusivity," tradition is discussed, and traditional partnership law is compared to domestic relations and to corporate law.
Oppressed But Not Betrayed: A Comparative Assessment Of Canadian Remedies For Minority Shareholders And Other Corporate Constituents, Deborah A. Demott
Oppressed But Not Betrayed: A Comparative Assessment Of Canadian Remedies For Minority Shareholders And Other Corporate Constituents, Deborah A. Demott
Law and Contemporary Problems
The distinctive Canadian contribution to the resolution of conflict among shareholders and of conflict between nonshareholder constituents--such as creditors--and persons controlling a corporation, typically its shareholders and directors, is examined with respect to comparable US judicial remedies.
505 And All That—The Defendant’S Dilemma, Peter Jaszi
505 And All That—The Defendant’S Dilemma, Peter Jaszi
Law and Contemporary Problems
Section 505 of the Copyright Act of 1909 was carried forth, without substantive change, into the Copyright Act of 1976. An assessment of section 505 is presented.
Rethinking Responsibility For Patient Injury: Accelerated-Compensation Events, A Malpractice And Quality Reform Ripe For A Test, Laurence R. Tancredi, Randall R. Bovbjerg
Rethinking Responsibility For Patient Injury: Accelerated-Compensation Events, A Malpractice And Quality Reform Ripe For A Test, Laurence R. Tancredi, Randall R. Bovbjerg
Law and Contemporary Problems
The accelerated-compensation events (ACE) approach in medical malpractice reform was studied. Reforms based on ACE best address the twin goals of making compensation more equitable and avoiding bad outcomes in medical care.
Cost And Compensation Of Injuries In Medical Malpractice, Frank A. Sloan, Stephen S. Van Wert
Cost And Compensation Of Injuries In Medical Malpractice, Frank A. Sloan, Stephen S. Van Wert
Law and Contemporary Problems
Compensation determinations for victims of medical malpractice were studied. Results showed that for birth-related and emergency room cases of permanent injury in Florida, a claimant receiving much more than economic loss in compensation more nearly appears to be the exception than the norm.
Reassessment Of International Application Of Antitrust Laws: Blocking Statutes, Balancing Tests, And Treble Damages
Law and Contemporary Problems
No abstract provided.
Enforceability And The Resolution Of International Jurisdictional Conflicts: Comments On Abbott, Atwood, And Ordover, Edward Tower, Thomas D. Willett
Enforceability And The Resolution Of International Jurisdictional Conflicts: Comments On Abbott, Atwood, And Ordover, Edward Tower, Thomas D. Willett
Law and Contemporary Problems
No abstract provided.
Making Plaintiffs Whole: The Need For Front Pay Under The Adea And Other Antidiscrimination Statutes
Making Plaintiffs Whole: The Need For Front Pay Under The Adea And Other Antidiscrimination Statutes
Law and Contemporary Problems
No abstract provided.
The Public Use Test: Would A Ban On The Possession Of Firearms Require Just Compensation
The Public Use Test: Would A Ban On The Possession Of Firearms Require Just Compensation
Law and Contemporary Problems
No abstract provided.
Derivative Suit Settlements: In Search Of A New Lodestar
Derivative Suit Settlements: In Search Of A New Lodestar
Law and Contemporary Problems
No abstract provided.