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Articles 1 - 4 of 4

Full-Text Articles in Law

Geographic Variation In Informed Consent Law: Two Standards For Disclosure Of Treatment Risks, David M. Studdert, Michelle M. Mello, Marin K. Levy, Russell L. Gruen, Edward J. Dunn, E. John Orav, Troyen A. Brennan Jan 2007

Geographic Variation In Informed Consent Law: Two Standards For Disclosure Of Treatment Risks, David M. Studdert, Michelle M. Mello, Marin K. Levy, Russell L. Gruen, Edward J. Dunn, E. John Orav, Troyen A. Brennan

Faculty Scholarship

We analyzed 714 jury verdicts in informed consent cases tried in 25 states in 1985–2002 to determine whether the applicable standard of care (“patient” vs. “professional” standard) affected the outcome. Verdicts for plaintiffs were significantly more frequent in states with a patient standard than in states with a professional standard (27 percent vs. 17 percent, P = 0.02). This difference in outcomes did not hold for other types of medical malpractice litigation (36 percent vs. 37 percent, P = 0.8). The multivariate odds of a plaintiff’s verdict were more than twice as high in states with a patient ...


Stalking The Yeti: Protective Jurisdiction, Foreign Affairs Removal, And Complete Preemption, Ernest A. Young Jan 2007

Stalking The Yeti: Protective Jurisdiction, Foreign Affairs Removal, And Complete Preemption, Ernest A. Young

Faculty Scholarship

Symposium dedicated to the work of Professor Paul J. Mishkin. This essay explores the Mishkin's theory of protective jurisdiction and applyies it to contemporary controversies.


Toward A Framework Statute For Supranational Adjudication, Ernest A. Young Jan 2007

Toward A Framework Statute For Supranational Adjudication, Ernest A. Young

Faculty Scholarship

No abstract provided.


The Federal Judicial Power And The International Legal Order, Curtis A. Bradley Jan 2007

The Federal Judicial Power And The International Legal Order, Curtis A. Bradley

Faculty Scholarship

No abstract provided.