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Full-Text Articles in Law
Money That Costs Too Much: Regulating Financial Incentives, Kristen Underhill
Money That Costs Too Much: Regulating Financial Incentives, Kristen Underhill
Indiana Law Journal
Money may not corrupt. But should we worry if it corrodes? Legal scholars in a range of fields have expressed concern about “motivational crowding-out,” a process by which offering financial rewards for good behavior may undermine laudable social motivations, like professionalism or civic duty. Disquiet about the motivational impacts of incentives has now extended to health law, employment law, tax, torts, contracts, criminal law, property, and beyond. In some cases, the fear of crowding-out has inspired concrete opposition to innovative policies that marshal incentives to change individual behavior. But to date, our fears about crowding-out have been unfocused and amorphous; …
A Corporate Duty To Rescue: Biopharmaceutical Companies And Access To Medications, Rebecca E. Wolitz
A Corporate Duty To Rescue: Biopharmaceutical Companies And Access To Medications, Rebecca E. Wolitz
Indiana Law Journal
Controversies regarding the pricing of biopharmaceutical products are pervasive. Patients must choose between treatment and rent, prescriptions go unfilled, and health systems are forced to restrict access to life-saving medications— all because of cost. Though there is often consensus that these issues are problematic, there is disagreement as to what are appropriate solutions and who has responsibility to bring about those solutions. Most efforts to address biopharmaceutical pricing concerns focus on governmental regulation. This Article has a different focus. It provides a legal and normative analysis of a form of corporate self-regulation that could help address access and pricing concerns—a …
Why Exempting Negligent Doctors May Reduce Suicide: An Empirical Analysis, John Shahar Dillbary, Griffin Edwards, Fredrick E. Vars
Why Exempting Negligent Doctors May Reduce Suicide: An Empirical Analysis, John Shahar Dillbary, Griffin Edwards, Fredrick E. Vars
Indiana Law Journal
This Article is the first to empirically analyze the impact of tort liability on suicide. Counter-intuitively, our analysis shows that suicide rates increase when potential tort liability is expanded to include psychiatrists—the very defendants who would seem best able to prevent suicide. Using a fifty-state panel regression for 1981 to 2013, we find that states which allowed psychiatrists (but not other doctors) to be liable for malpractice resulting in suicide experienced a 9.3% increase in suicides. On the other hand, and more intuitively, holding non-psychiatrist doctors liable de-creases suicide by 10.7%. These countervailing effects can be explained by psychiatrists facing …
Civil Recourse Defended: A Reply To Posner, Calabresi, Rustard, Chamallas, And Robinette, John C. Goldberg, Benjamin Zipursky
Civil Recourse Defended: A Reply To Posner, Calabresi, Rustard, Chamallas, And Robinette, John C. Goldberg, Benjamin Zipursky
Indiana Law Journal
American Association of Law Schools Torts & Compensation Systems Panel
Civil Recourse Theory's Reductionism, Guido Calabresi
Civil Recourse Theory's Reductionism, Guido Calabresi
Indiana Law Journal
American Association of Law Schools Torts & Compensation Systems Panel
Recovery For Negligent Infliction Of Emotional Distress: Changing The Impact Rule In Indiana, David B. Millard
Recovery For Negligent Infliction Of Emotional Distress: Changing The Impact Rule In Indiana, David B. Millard
Indiana Law Journal
No abstract provided.
The Role Of Custom In Medical Malpractice Cases, Richard N. Pearson
The Role Of Custom In Medical Malpractice Cases, Richard N. Pearson
Indiana Law Journal
No abstract provided.
The Torts Process, Peter N. Swan
Tort Liability Of Organizations For Intentionally Impairing Economic Relations
Tort Liability Of Organizations For Intentionally Impairing Economic Relations
Indiana Law Journal
No abstract provided.
Torts: Recovery Of Litigation Expenses For "Double Exposure To Suit"
Torts: Recovery Of Litigation Expenses For "Double Exposure To Suit"
Indiana Law Journal
Recent Cases
Governmental Tort Liability In Indiana
Tort Liability Of A Soldier Or Subordinate Officer Acting In Obedience Of Orders, J.D. Mann
Tort Liability Of A Soldier Or Subordinate Officer Acting In Obedience Of Orders, J.D. Mann
Indiana Law Journal
No abstract provided.
Right Of Privacy Of Public Characters
Personal Injury Action By Unemancipated Brother Against Unemancipated Sister
Personal Injury Action By Unemancipated Brother Against Unemancipated Sister
Indiana Law Journal
Recent Case Notes: Torts
Torts-Proximate Cause-Intervening Cause
Torts-Violation Of A Statutory Duty
Torts-Duty Owed By Railroad To Habitual Trespassers
Torts-Duty Owed By Railroad To Habitual Trespassers
Indiana Law Journal
No abstract provided.
Torts-Negligence Per Se-Violation Of Criminal Statute Or Ordinance
Torts-Negligence Per Se-Violation Of Criminal Statute Or Ordinance
Indiana Law Journal
No abstract provided.