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Law and Contemporary Problems

Law

2011

Articles 1 - 3 of 3

Full-Text Articles in Law

Apologies In The Healthcare System: From Clinical Medicine To Public Health, Michal Alberstein, Nadav Davidovitch Jul 2011

Apologies In The Healthcare System: From Clinical Medicine To Public Health, Michal Alberstein, Nadav Davidovitch

Law and Contemporary Problems

Alberstein and Davidovitch explore the role of apologies in healthcare systems from a broader perspective. The significance of apology in terms of social solidarity is addressed and the ways in which each apology situation entails a clash between cultural identities are demonstrated. The debate on apology is explored by presenting a public health perspective of apologies following collective traumatic events such as the application of sterilization laws or flawed human experimentations in various settings.


Escaping The Shadow Of Malpractice Law, Orna Rabinovich-Einy Jul 2011

Escaping The Shadow Of Malpractice Law, Orna Rabinovich-Einy

Law and Contemporary Problems

Abinovich-Einy addresses several constituencies operating at the meeting point of alternative dispute resolution (ADR), communication theory, healthcare policy, and medical-malpractice doctrine. From an ADR perspective, the need for, and barriers to, addressing non-litigable disputes, for which the "alternative" route is the only one, is explored. It is shown that ADR mechanisms may not take root when introduced into an environment that is resistant to collaborative and open discourse without additional incentives and measures being adopted.


Law For The Common Man: An Individual-Level Theory Of Values, Expanded Rationality, And The Law , Amir N. Licht Apr 2011

Law For The Common Man: An Individual-Level Theory Of Values, Expanded Rationality, And The Law , Amir N. Licht

Law and Contemporary Problems

This article makes an admittedly bold attempt at outlining an analytical framework for addressing this question. Instead of looking at the legal implications of bounded rationality -- an exercise highly worthy in its own right -- this article advances a theory of expanded rationality. This theory retains the element of rationality in that people respond to incentives in an attempt to attain utility, and it does not question the observation that decision-making is often bounded due to various factors.