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Articles 1231 - 1260 of 4157
Full-Text Articles in Law
Reforming The Private Sector’S Role In Deterring Corporate Misconduct, Stanley Sporkin
Reforming The Private Sector’S Role In Deterring Corporate Misconduct, Stanley Sporkin
Law and Contemporary Problems
Sporkin discusses how the private sector has often had to fend for itself when it comes to deterring corporate misconduct.
Class Action Reform, Qui Tam, And The Role Of The Plaintiff, Jill E. Fisch
Class Action Reform, Qui Tam, And The Role Of The Plaintiff, Jill E. Fisch
Law and Contemporary Problems
Fisch examines the evolution of the class action lawsuit and uses the qui tam provision as a model for exploring the structure and objectives of enforcement litigation.
The University As An Industrial Plant: How A Workplace Theory Of Discriminatory Harassment Creates A “Hostile Environment” For Free Speech In America’S Universities, Robert W. Gall
Law and Contemporary Problems
Gall uses Rodney A. Smolla's article "Academic Freedom, Hate Speech, and the Idea of a University" as a basis for his discussion of hostile environments for free speech among colleges and universities.
Damages, Deterrence, And Antitrust—A Comment On Cooter, A. Douglas Melamed
Damages, Deterrence, And Antitrust—A Comment On Cooter, A. Douglas Melamed
Law and Contemporary Problems
Melamed offers a comment on Robert D. Cooter's article on punitive damages. Melamed relates the concept of antitrust to Cooter's valuable insights.
Enforcement Policy And Corporate Misconduct: The Changing Perspective Of Deterrence Theory, John T. Scholz
Enforcement Policy And Corporate Misconduct: The Changing Perspective Of Deterrence Theory, John T. Scholz
Law and Contemporary Problems
Scholz offers a comment on Stephen Calkins' article entitled "Corporate Compliance and the Antitrust Agencies' Bi-Modal Penalties." Scholz discusses deterrence theory and how the perspective on it changes.
Comment On Lynch, Kenneth J. Bialkin
Comment On Lynch, Kenneth J. Bialkin
Law and Contemporary Problems
Bialkin offers a comment on Gerard E. Lynch's article on the role of criminal law in policing corporate misconduct.
Corporate Compliance And The Antitrust Agencies’ Bi-Modal Penalties, Stephen Calkins
Corporate Compliance And The Antitrust Agencies’ Bi-Modal Penalties, Stephen Calkins
Law and Contemporary Problems
Calkins discusses individual compared with entity penalties as tools for encouraging corporate law compliance and comments on the relationship between monetary payments as compensation and deterrence.
Evaluating The Preemption Evidence: Have The Proponents Met Their Burden?, Richard H. Walker
Evaluating The Preemption Evidence: Have The Proponents Met Their Burden?, Richard H. Walker
Law and Contemporary Problems
Walker discusses the arguments for and against preemption regarding securities markets.
Foreword, James D. Cox
Crime And Custom In Corporate Society: A Cultural Perspective On Corporate Misconduct, John M. Conley, William M. O'Barr
Crime And Custom In Corporate Society: A Cultural Perspective On Corporate Misconduct, John M. Conley, William M. O'Barr
Law and Contemporary Problems
Conley and O'Barr take an anthropological perspective on three cases of alleged corporate misconduct--car dealer discrimination, Archer Daniels Midland, and the tobacco industry trials.
The Role Of Criminal Law In Policing Corporate Misconduct, Gerard E. Lynch
The Role Of Criminal Law In Policing Corporate Misconduct, Gerard E. Lynch
Law and Contemporary Problems
Lynch explores what it means or should mean to argue that a business misconduct matter is or isn't a "criminal case."
Comment On Lynch, Michael B. Mukasey
Comment On Lynch, Michael B. Mukasey
Law and Contemporary Problems
Mukasey offers a comment on Gerard E. Lynch's article concerning the role of criminal law in policing corporate misconduct.
Punitive Damages, Social Norms, And Economic Analysis, Robert D. Cooter
Punitive Damages, Social Norms, And Economic Analysis, Robert D. Cooter
Law and Contemporary Problems
Cooter offers an economic analysis of punitive damages, keeping in mind the role of social norms. Liability for compensatory damages provides efficient incentives for self-monitoring.
Of Characterization And Other Matters: Thoughts About Multiple Damages, G. Robert Blakey
Of Characterization And Other Matters: Thoughts About Multiple Damages, G. Robert Blakey
Law and Contemporary Problems
Blakey argues that economic analysis in the courts must be substantially supported by other insights, say from ethics or history.
Federalism And Investor Protection: Constitutional Restraints On Preemption Of State Remedies For Securities Fraud, Manning Gilbert Warren Iii
Federalism And Investor Protection: Constitutional Restraints On Preemption Of State Remedies For Securities Fraud, Manning Gilbert Warren Iii
Law and Contemporary Problems
Warren discusses the Private Securities Litigation Reform Act and the National Securities Market Improvement Act, among other issues. Predominant federalism postulates foreclose the proposed intrusion into investors' tort remedies traditionally allowed by the states under common law.
The Role Of State Law In An Era Of Federal Preemption: Lessons From Environmental Regulation, John P. Dwyer
The Role Of State Law In An Era Of Federal Preemption: Lessons From Environmental Regulation, John P. Dwyer
Law and Contemporary Problems
Using environmental regulation as an example, Dwyer discusses the role of state law in an era ruled by federal preemption. The present hybrid system of national standards and state implementation and enforcement may be a reasonable accomodation of both state and national interests.
Preempting Unintended Consequences, A. A. Sommer Jr.
Preempting Unintended Consequences, A. A. Sommer Jr.
Law and Contemporary Problems
Sommer offers some insights on preemption. The case for preemption is that there is an inherent logic and consistency in having litigation involving nationally traded securities resolved in a single forum.
Administrative Performance Of “No-Fault” Compensation For Medical Injury, Randall R. Bovbjerg, Frank A. Sloan, Peter J. Rankin
Administrative Performance Of “No-Fault” Compensation For Medical Injury, Randall R. Bovbjerg, Frank A. Sloan, Peter J. Rankin
Law and Contemporary Problems
"No-fault" is the leading alternative to traditional liability systems for resolving medically caused injuries, and policy interest in such reform reflects numerous concerns with the traditional tort system as it operates in the medical field through malpractice insurance. The administrative experience of the Florida and Virginia no-fault programs is examined.
Can The United States Afford A “No-Fault” System Of Compensation For Medical Injury?, David M. Studdert, Eric J. Thomas, Brett I. W. Zbar, Joseph P. Newhouse, Paul C. Weiler, Jonathon Bayuk, Troyen A. Brennan
Can The United States Afford A “No-Fault” System Of Compensation For Medical Injury?, David M. Studdert, Eric J. Thomas, Brett I. W. Zbar, Joseph P. Newhouse, Paul C. Weiler, Jonathon Bayuk, Troyen A. Brennan
Law and Contemporary Problems
One of the key issues separating US critics of a no-fault alternative to the tort system for compensating victims of medical injury from supporters is its anticipated cost. Results from a study are presented that estimate the costs of a no-fault system, one that is similar to the system now in operation in Sweden, within the context of the US health care system.
The Road From Medical Injury To Claims Resolution: How No-Fault And Tort Differ, Frank A. Sloan, Kathryn Whetten-Goldstein, Stephen S. Entman, Elizabeth D. Kulas, Emily M. Stout
The Road From Medical Injury To Claims Resolution: How No-Fault And Tort Differ, Frank A. Sloan, Kathryn Whetten-Goldstein, Stephen S. Entman, Elizabeth D. Kulas, Emily M. Stout
Law and Contemporary Problems
In the area of medical malpractice, no-fault has been offered as a response to the criticisms leveled against tort litigation for medical injuries. Five issues of no-fault are examined within the context of obstetrical malpractice.
Medical Malpractice And Managed Care Organizations: The Implied Warranty Of Quality, William S. Brewbaker Iii
Medical Malpractice And Managed Care Organizations: The Implied Warranty Of Quality, William S. Brewbaker Iii
Law and Contemporary Problems
Managed care organizations (MCOs) have become prime targets in the new medical malpractice litigation, but getting a judgment against an MCO can be difficult. It is argued that courts should impose a tort-based implied warranty of quality on MCOs, under which they would be liable for selling physician services that are negligently rendered.
Enterprise Liability And The Emerging Managed Health Care System, William M. Sage
Enterprise Liability And The Emerging Managed Health Care System, William M. Sage
Law and Contemporary Problems
No abstract provided.
Empirical Perspectives On Mediation And Malpractice, Thomas B. Metzloff, Ralph A. Peeples, Catherine T. Harris
Empirical Perspectives On Mediation And Malpractice, Thomas B. Metzloff, Ralph A. Peeples, Catherine T. Harris
Law and Contemporary Problems
The use of mediation in the medical malpractice context is examined. The impact of any court-related alternative dispute resolution program is also discussed.
Foreword, Thomas B. Metzloff, Frank A. Sloan
Foreword, Thomas B. Metzloff, Frank A. Sloan
Law and Contemporary Problems
No abstract provided.
Development Of An Early Identification And Response Model Of Malpractice Prevention, Gerald B. Hickson, James W. Pichert, Charles F. Federspiel, Ellen Wright Clayton
Development Of An Early Identification And Response Model Of Malpractice Prevention, Gerald B. Hickson, James W. Pichert, Charles F. Federspiel, Ellen Wright Clayton
Law and Contemporary Problems
No abstract provided.
Medical Discipline In The Twenty-First Century: Are Purchasers The Answer?, Frances H. Miller
Medical Discipline In The Twenty-First Century: Are Purchasers The Answer?, Frances H. Miller
Law and Contemporary Problems
The adaptation of medical discipline in the 21st century is examined by positing that the locus of "disciplining" doctors has already begun to gravitate away from traditional government licensure and medical malpractice litigation toward purchasers of medical services.
A Comparative Assessment Of The Piaa Data Sharing Project And The National Practitioner Data Bank: Policy, Purpose, And Application, Lawrence E. Smarr
A Comparative Assessment Of The Piaa Data Sharing Project And The National Practitioner Data Bank: Policy, Purpose, And Application, Lawrence E. Smarr
Law and Contemporary Problems
The nature and scope of the differences between the Data Sharing Project conducted by the Physician Insurers Association of America and the National Practitioner Data Bank operated by the Department of Health and Human Services are examined. The data collection and dissemination projects both capture codified information regarding medical malpractice claims.