Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- ADR Project (1)
- Alabama Law Review (1)
- American Medical Association (AMA) (1)
- Authoritarianism (1)
- Behavioral economics (1)
-
- Capital offense (1)
- Capital punishment (1)
- Civil law (1)
- Commodification (1)
- Common law (1)
- Contract law (1)
- Coordinated market economies (CMEs) (1)
- Corporate law (1)
- Criminal justice (1)
- Criminal law (1)
- Death penalty (1)
- Disclosure conversation (1)
- Economic syste (1)
- Fordham Law Review (1)
- Furman v. Georgia (1)
- Health care provider (1)
- Health care system (1)
- Joint Commission on Accreditation of Healthcare Organizations (JCAHO) (1)
- Justice John Paul Stevens (1)
- Legal system (1)
- Liberal market economies (LMEs) (1)
- Market economies (1)
- Medical Care Availability and Reduction of Error (MCARE) (1)
- Medical error (1)
- Medical malpractice (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
Disclosure And Fair Resolution Of Adverse Events, Carol B. Liebman, Chris Stern Hyman
Disclosure And Fair Resolution Of Adverse Events, Carol B. Liebman, Chris Stern Hyman
Faculty Scholarship
The health care system in the United States is in turmoil. Patients are being harmed by too many, often fatal, mistakes. At the same time, physicians and hospitals are trying to cope with a costly medical malpractice crisis. These two crises create a vicious cycle. When something goes wrong in patient care, physicians and hospitals withhold apologies and offer as little information as possible for fear that anything they say may be used against them should patients or family members sue. Family members, in many cases, sue not only to receive compensation for injuries, but also in search of answers …
The Promise (And Limits) Of Neuroeconomics, Jedediah S. Purdy
The Promise (And Limits) Of Neuroeconomics, Jedediah S. Purdy
Faculty Scholarship
Neuroeconomics — the study of brain activity in people engaged in tasks of reasoning and choice — looks set to be the next behavioral economics: a set of findings about how people make decisions that casts both light and doubt on widely accepted premises about rationality and social life. This Article explains what is most exciting about the new field and lays out some specific research tasks for it.
Less Is Better: Justice Stevens And The Narrowed Death Penalty, James S. Liebman, Lawrence C. Marshall
Less Is Better: Justice Stevens And The Narrowed Death Penalty, James S. Liebman, Lawrence C. Marshall
Faculty Scholarship
In a recent speech to the American Bar Association, Justice John Paul Stevens "issued an unusually stinging criticism of capital punishment." Although he "stopped short of calling for an end to the death penalty," Justice Stevens catalogued a number of its "'serious flaws,'" including several procedures that the full Court has reviewed and upheld over his dissent – selecting capital jurors in a manner that excludes those with qualms about the death penalty, permitting elected state judges to second-guess jurors when they decline to impose the death penalty, permitting states to premise death verdicts on "victim impact statements," tolerating sub-par …
Legal Ground Rules In Coordinated And Liberal Market Economies, Katharina Pistor
Legal Ground Rules In Coordinated And Liberal Market Economies, Katharina Pistor
Faculty Scholarship
This chapter seeks to explain the affinity between the nature of economic systems: coordinated market economies (CMEs) and liberal market economies (LMEs) on the one hand, and legal origin (civil vs common law systems) on the other. It starts with the simple observation that LMEs tend to be common law jurisdictions, and CMEs civil law jurisdictions. It proposes that the affinity between economic and legal system offers important insights into the foundations of different types of market economies and, in particular, differences in the scope of the state vs the powers of the individual. The main argument is that the …