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Full-Text Articles in Law
Tort Arbitrage, Robert J. Rhee
Tort Arbitrage, Robert J. Rhee
Faculty Scholarship
The economic models of bargaining and tort law have not been integrated into a coherent theory that reflects the operational realities of the dispute resolution process and the negligence standard. Applying a theory of bargaining based on asset pricing principles of financial economics, this Article argues that there is systematic devaluation of tort claims in the civil litigation system. This results because in essence the parties value different tort transactions, even when they are tied together in a common dispute and view the facts and laws similarly. For the party that can mitigate the risk exposure, the discount to value …
On Sugarman On Tort-Chopping, Oscar S. Gray
Damned If You Do, Damned If You Don't: Hospitals' Liability For Physicians' Malpractice, Diane M. Janulis, Alan D. Hornstein
Damned If You Do, Damned If You Don't: Hospitals' Liability For Physicians' Malpractice, Diane M. Janulis, Alan D. Hornstein
Faculty Scholarship
This Article explores some of the problems hospitals face in avoiding liability for the negligence of their independent contractors. After a critical analysis of the theories underlying imposition of liability, we discuss the sometimes conflicting public policy considerations respecting the mandates given to the modern hospital as these mandates affect hospitals’ liability.
Standard Of Care For Children Revisited, Oscar S. Gray
Standard Of Care For Children Revisited, Oscar S. Gray
Faculty Scholarship
No abstract provided.
Misrepresentation - Part I, Fleming James, Oscar S. Gray
Misrepresentation - Part I, Fleming James, Oscar S. Gray
Faculty Scholarship
No abstract provided.