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Full-Text Articles in Law

Malpractice Mobs: Medical Dispute Resolution In China, Benjamin L. Liebman Jan 2012

Malpractice Mobs: Medical Dispute Resolution In China, Benjamin L. Liebman

Faculty Scholarship

China has experienced a surge in medical disputes in recent years, on the streets and in the courts. Many disputes result in violence. Quantitative and qualitative empirical evidence of medical malpractice litigation and medical disputes in China reveals a dynamic in which the formal legal system operates in the shadow of protest and violence. The threat of violence leads hospitals to settle claims for more than would be available in court and also influences how judges handle cases that do wind up in court. The detailed evidence regarding medical disputes presented in this article adds depth to existing understanding of ...


Significant Entanglements: A Framework For The Civil Consequences Of Criminal Convictions, Colleen F. Shanahan Jan 2012

Significant Entanglements: A Framework For The Civil Consequences Of Criminal Convictions, Colleen F. Shanahan

Faculty Scholarship

A significant and growing portion of the U.S. population is or has recently been in prison. Nearly all of these individuals will face significant obstacles as they struggle to reintegrate into society. A key source of these obstacles is the complex, sometimes unknown, and often harmful collection of civil consequences that flow from a criminal conviction. As the number and severity of these consequences have grown, courts, policymakers, and scholars have struggled with how to identify and understand them, how to communicate them to defendants and the public, and how to treat them in the criminal and civil processes ...


Courthouse Iconography And Chayesian Judical Practice, William H. Simon Jan 2012

Courthouse Iconography And Chayesian Judical Practice, William H. Simon

Faculty Scholarship

This contribution to a symposium on Judith Resnik and Dennis Curtis’s Representing Justice considers what courthouse imagery and design might be appropriate for “Chayesian” judicial practice. The imagery and design that Resnik and Curtis examine largely connotes traditional litigation – lawsuits that are bi-polar, retrospective, and self-contained. However, judicial practice is increasingly Chayesian – concerned with forward-looking efforts to coordinate multipolar problems with sprawling party structures. Traditional iconography is inadequate to Chayesian practice because it celebrates equilibrium and communicates information about cases one-by-one. By contrast, Chayesian intervention often induces productive disequilibrium and it can only be made transparent through expression that ...