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Full-Text Articles in Law
Checks And Balance: Limitations On The Power Of Congressional Oversight, Steven Shimberg
Checks And Balance: Limitations On The Power Of Congressional Oversight, Steven Shimberg
Law and Contemporary Problems
An examination by Lazarus (1991) of the adversarial effects of congressional oversight on the EPA is erroneous in its premise that congressional oversight is a powerful tool that can make or break the EPA and unduly influence the implementation of federal environmental policy. A review of the seven "disadvantages" of congressional oversight of the EPA cited by Lazarus is presented.
Checks Without Balance: Executive Office Oversight Of The Environmental Protection Agency, Robert V. Percival
Checks Without Balance: Executive Office Oversight Of The Environmental Protection Agency, Robert V. Percival
Law and Contemporary Problems
The tension between the rule of law and the politics of regulation reflected in oversight by the Executive Office of the President of the EPA. The presidential use of regulatory review and the congressional responses it has provoked pose new challenges to theories of the impact of separation of powers on federal policymaking.
The Internal Structure Of Epa Rulemaking, Thomas O. Mcgarity
The Internal Structure Of Epa Rulemaking, Thomas O. Mcgarity
Law and Contemporary Problems
The EPA's evolving internal decisionmaking structures as they relate to the agency's primary function of promulgating rules and regulations are examined. As an agency addressing complex scientific, economic and technological issues, the EPA must draw upon many different kinds of expertise and has developed a unique version of "bureaucratic pluralism" as manifested in the "team" model that dominates the EPA's institutional thought process.
Epa And The Courts: Twenty Years Of Law And Politics, Robert Glicksman, Christopher H. Schroeder
Epa And The Courts: Twenty Years Of Law And Politics, Robert Glicksman, Christopher H. Schroeder
Law and Contemporary Problems
The relationship between the EPA and the federal courts during the first 20 years of the EPA is examined, with concentration on the Court of Appeals for the District of Columbia Circuit, which hears the majority of challenges to major EPA decisions.
A Judge’S View Of Congressional Action Affecting The Courts, Avern Cohn
A Judge’S View Of Congressional Action Affecting The Courts, Avern Cohn
Law and Contemporary Problems
A comment on Larry Kramer's article suggesting an addition to the mechanisms of congressional review of proposed legislation that has an impact on the work of federal courts is presented. The Office of Technology Assessment's present job for Congress in this respect is evaluated.
Mass Justice: The Limited And Unlimited Power Of Courts, Mark A. Peterson, Molly Selvin
Mass Justice: The Limited And Unlimited Power Of Courts, Mark A. Peterson, Molly Selvin
Law and Contemporary Problems
The role of courts in mass tort litigation is examined. The courts' interests in such cases, the power that courts have to aggregate claims, limits on that power and the flexibility that courts have to get around limits are discussed. Ways that courts' interests in resolving mass tort litigation interfere with judicial promulgation and consistent application of legal rules are also discussed.
“The One-Eyed Are Kings”: Improving Congress’S Ability To Regulate The Use Of Judicial Resources, Larry Kramer
“The One-Eyed Are Kings”: Improving Congress’S Ability To Regulate The Use Of Judicial Resources, Larry Kramer
Law and Contemporary Problems
Improving the ability of Congress to regulate the use of judicial resources is discussed. Reducing caseload growth in the federal courts, assuring that judicial resources are utilized effectively and a proposed agency that would structure jurisdiction under particular legislation are discussed.
Comment On Peterson And Selvin, Lea Brilmayer
Comment On Peterson And Selvin, Lea Brilmayer
Law and Contemporary Problems
A comment on an article by Peterson and Selvin dealing with the role of courts as participants in the resolution of mass tort cases is presented.
From “Cases” To “Litigation”, Judith Resnik
From “Cases” To “Litigation”, Judith Resnik
Law and Contemporary Problems
Changes in attitude and practice about the propriety of resolving cases in groups as part of one litigation are documented. The aggregation of civil cases is discussed.
Aggregating Litigation, Ralph K. Winter
Aggregating Litigation, Ralph K. Winter
Law and Contemporary Problems
A comment on Judith Resnik's article on the aggregation of civil cases is presented. The goals of aggregating litigation and the very circumstances in which aggregation works best in achieving those goals are discussed. The aggregation of personal injury cases is also discussed.
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.
Do Hospital Risk Management Programs Make A Difference?: Relationships Between Risk Management Program Activities And Hospital Malpractice Claims Experience, Laura L. Morlock, Faye E. Malitz
Do Hospital Risk Management Programs Make A Difference?: Relationships Between Risk Management Program Activities And Hospital Malpractice Claims Experience, Laura L. Morlock, Faye E. Malitz
Law and Contemporary Problems
No abstract provided.
Risk Factors For Hospital Malpractice Exposure: Implications For Managers And Insurers, Harold S. Luft, Patricia P. Katz, Douglas G. Pinney
Risk Factors For Hospital Malpractice Exposure: Implications For Managers And Insurers, Harold S. Luft, Patricia P. Katz, Douglas G. Pinney
Law and Contemporary Problems
The possibility of identifying certain variables that might serve as predictors of above- or below-average medical malpractice claims experience was explored. Results showed that it is possible to identify significant risk factors.
Medical Malpractice Risk Management Early Warning Systems, Orley H. Lindgren, Ronald Christensen, Don Harper Mills
Medical Malpractice Risk Management Early Warning Systems, Orley H. Lindgren, Ronald Christensen, Don Harper Mills
Law and Contemporary Problems
The effectiveness of early warning systems that are based on incident of occurrence reports in improving medical malpractice claims processing and outcomes was studied. Results showed that malpractice claims established on the basis of early warning incident reports not only involve the full range of injury severity, but also identify claims warranting substantial indemnity payments.
Merit Rating For Physicians’ Malpractice Premiums: Only A Modest Deterrent, John E. Rolph
Merit Rating For Physicians’ Malpractice Premiums: Only A Modest Deterrent, John E. Rolph
Law and Contemporary Problems
Results of a study showed that the "targeting" of malpractice-prone physicians from past paid-claims histories is only moderately accurate. It is possible, however, to gather more detailed information about physicians in addition to claims history and premium class that might lead to a more accurate prospective identification of those who will incur future paid claims.
Resolving Malpractice Disputes: Imaging The Jury’S Shadow, Thomas B. Metzloff
Resolving Malpractice Disputes: Imaging The Jury’S Shadow, Thomas B. Metzloff
Law and Contemporary Problems
The ability of juries to resolve malpractice suits was studied. Results showed that most of the time, jury outcomes represent a fair resolution of the claim, but the risk that the result will not be fair is real and troubling.
Juries And Justice: Are Malpractice And Other Personal Injuries Created Equal?, Randall R. Bovbjerg, Frank A. Sloan, Avi Dor, Chee Ruey Hsieh
Juries And Justice: Are Malpractice And Other Personal Injuries Created Equal?, Randall R. Bovbjerg, Frank A. Sloan, Avi Dor, Chee Ruey Hsieh
Law and Contemporary Problems
A study analyzed the civil jury system and the difference in personal injury awards between automobile and "deep-pocket" defendants, especially in medical malpractice cases. Six conclusions were reached, including the finding that juries sometimes respond emotionally and award some objectively similar cases higher damages than others.
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.