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- A. Douglas Melamed (1)
- China; medical negligence; litigation; selection bias; adversarial bias; judicial deference; courts; expert opinions; court appointed expert testimony; inquisitorial system; authentication; re-authentication; Supreme People's Court; documents of adjudication decisions; FA-MNA; MA-MNA; medical associations; forensic authentication agency; municipal; provincial; national; locality rule; common law; civil law; defendant; plaintiff; fault; causation; causal contribution; personal injury (1)
- Corrective justice (1)
- Environmental Torts (1)
- Guido Calabresi (1)
Articles 1 - 6 of 6
Full-Text Articles in Law and Economics
How Much Do Expert Opinions Matter? An Empirical Investigation Of Selection Bias, Adversarial Bias, And Judicial Deference In Chinese Medical, Chunyan Ding
Brooklyn Journal of International Law
This article investigates the nature of the operation and the role of expert opinions in Chinese medical negligence litigation, drawing on content analysis of 3,619 medical negligence cases and an in-depth survey of judges with experience of adjudicating medical negligence cases. It offers three major findings: first, that both parties to medical negligence disputes show significant selection bias of medical opinions, as do courts when selecting court-appointed experts; second, expert opinions in medical negligence litigation demonstrate substantial adversarial bias; third, courts display very strong judicial deference to expert opinions in determining medical negligence liability. This article fills the methodological gap …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
The United Nations Compensation Commission: Mass Reparations Apotheosis, Gregory Townsend
The United Nations Compensation Commission: Mass Reparations Apotheosis, Gregory Townsend
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Rehabilitating The Nuisance Injunction To Protect The Environment, Doug Rendleman
Rehabilitating The Nuisance Injunction To Protect The Environment, Doug Rendleman
Washington and Lee Law Review
The Trump Administration has reversed the federal government’s role of protecting the environment. The reversal focuses attention on states’ environmental capacity. This Article advocates more vigorous state environmental tort remedies for nuisance and trespass. An injunction is the superior remedy in most successful environmental litigation because it orders correction and improvement. Two anachronistic barriers to an environmental injunction are the New York Court of Appeals’ decision, Boomer v. Atlantic Cement, and Calabresi and Melamed’s early and iconic law-and-economics article, One View of the Cathedral. This Article examines and criticizes both because, by subordinating the injunction to money damages, they undervalue …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Corrective Justice And The Unlawful Means Tort: Is There A Right To Trade?, Kerry Sun
Corrective Justice And The Unlawful Means Tort: Is There A Right To Trade?, Kerry Sun
Dalhousie Journal of Legal Studies
This paper investigates the extent to which the theory of corrective justice can account for the purpose, structure, and elements of the tort of unlawful interference with economic relations. It considers various proposed accounts of the tort, contending that the tort cannot be justified as an exception to the privity doctrine, a response to the defendant’s attempts to assert indirect control over the plaintiff, or a form of liability stretching. Extending a proposed account of the tort based on the theory of abuse of rights, this paper develops the idea of a “right to trade” that is founded on the …