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Full-Text Articles in Law
The Effects Of Fee Shifting On The Settlement Rate: Theoretical Observations On Costs, Conflicts, And Contingency Fees, John J. Donohue Iii
The Effects Of Fee Shifting On The Settlement Rate: Theoretical Observations On Costs, Conflicts, And Contingency Fees, John J. Donohue Iii
Law and Contemporary Problems
Litigation costs could be conceived as a bribe to parties to reach a contractual agreement settling their dispute. The question of what effect fee-shifting rules might have on the rate of settlements in lawsuits is examined.
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.
Comment On Donohue, Danny Boggs
Comment On Donohue, Danny Boggs
Law and Contemporary Problems
A comment on John J. Donohue III's article on the effects of fee-shifting rules on the rate of settlements in lawsuits is presented. The article bears out the idea that something may work fine in practice but it remains to be proven if it will work in theory.
Practice Guidelines As Legal Standards Governing Physician Liability, Clark C. Havighurst
Practice Guidelines As Legal Standards Governing Physician Liability, Clark C. Havighurst
Law and Contemporary Problems
The utility of medical practice guidelines in the law of medical malpractice was studied. Contrary to the views of most physicians and policy makers, practice guidelines should be allowed to evolve in a pluralistic fashion.
The Defensive Effect Of Medical Practice Policies In Malpractice Litigation, Mark A. Hall
The Defensive Effect Of Medical Practice Policies In Malpractice Litigation, Mark A. Hall
Law and Contemporary Problems
The theoretical prospects for medical practice policies to reform malpractice law by giving conclusive defensive effect to medical custom were studied. A practice policy, however rigorous, is of no use if the nature of the claimed error is either incorrect performance of the treatment in question or failure to recognize the correct practice policy to employ by virtue of a falure in diagnosis.
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.
The Medical Malpractice Crisis: A Comparative Empirical Perspective, Donald N. Dewees, Michael J. Trebilcock, Peter C. Coyte
The Medical Malpractice Crisis: A Comparative Empirical Perspective, Donald N. Dewees, Michael J. Trebilcock, Peter C. Coyte
Law and Contemporary Problems
The results of a detailed empirical study of the Canadian medical malpractice experience are presented. Policy perspectives on the so-called medical malpractice crisis need to be much more broadly cast than the overwhelming preoccupation with tort reform issues that have dominated policy debates to this juncture.