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Full-Text Articles in Law

The Effects Of Malpractice Pressure And Liability Reforms On Physicians’ Perceptions Of Medical Care, Daniel P. Kessler, Mark B. Mcclellan Jan 1997

The Effects Of Malpractice Pressure And Liability Reforms On Physicians’ Perceptions Of Medical Care, Daniel P. Kessler, Mark B. Mcclellan

Law and Contemporary Problems

Considerable evidence suggests that the medical malpractice liability system neither provides compensation to patients who suffer negligent medical injury nor seeks to penalize physicians whose negligence causes patient injury. The relationship between liability reforms, malpractice pressure and physician perceptions of medical care is examined.


Arbitration Agreements In Health Care: Myths And Reality, Elizabeth Rolph, Erik Moller, John E. Rolph Jan 1997

Arbitration Agreements In Health Care: Myths And Reality, Elizabeth Rolph, Erik Moller, John E. Rolph

Law and Contemporary Problems

It is asserted that alternative dispute resolution methods, particularly mandatory binding arbitration agreements, have become the rule in health care delivery. A study was conducted to ascertain how widespread mandatory arbitration agreements between health plans and providers and their enrollees and patients really are, to assess how decisions regarding their use are made and to evaluate the prospects of their future use.


Adapting Mediation To Link Resolution Of Medical Malpractice Dispute With Health Care Quality Improvement, Edward A. Dauer, Leonard J. Marcus Jan 1997

Adapting Mediation To Link Resolution Of Medical Malpractice Dispute With Health Care Quality Improvement, Edward A. Dauer, Leonard J. Marcus

Law and Contemporary Problems

It is hypothesized that mediation in either a fault-based or a no-fault environment can make claims resolution more efficient and simultaneously promote quality improvement in health care more effectively than does the litigation/settlement process.


Journal Staff Jan 1997

Journal Staff

Law and Contemporary Problems

No abstract provided.


International Crimes: Jus Cogens And Obligatio Erga Omnes, M. Cherif Bassiouni Oct 1996

International Crimes: Jus Cogens And Obligatio Erga Omnes, M. Cherif Bassiouni

Law and Contemporary Problems

There are both gaps and weaknesses in the various sources of International Criminal Law in norms and enforcement modalities. A comprehensive international codification would solve these problems, but this is not forthcoming.


Legal Responses To Genocide And Other Massive Violations Of Human Rights, W. Michael Reisman Oct 1996

Legal Responses To Genocide And Other Massive Violations Of Human Rights, W. Michael Reisman

Law and Contemporary Problems

The international community could halt the proliferation of genocides by arresting them before, or at least while they are happening, by any means necessary. Instead, the focus is on actions after the fact.


Alternative Responses To Serious Human Rights Abuses: Of Prosecution And Trust Commissions, Stephan Landsman Oct 1996

Alternative Responses To Serious Human Rights Abuses: Of Prosecution And Trust Commissions, Stephan Landsman

Law and Contemporary Problems

No abstract provided.


Combating Impunity: Some Thoughts On The Way Forward, Naomi Roht-Arriaza Oct 1996

Combating Impunity: Some Thoughts On The Way Forward, Naomi Roht-Arriaza

Law and Contemporary Problems

Some of the tasks needed to be done by legal scholars and advocates to combat impunity in cases of massive violations of human rights are discussed. Pathways for implementation of these ideas are many and overlapping.


The Place Of Law In Addressing International Regime Conflict, Jennifer L. Balint Oct 1996

The Place Of Law In Addressing International Regime Conflict, Jennifer L. Balint

Law and Contemporary Problems

No abstract provided.


Appendix A: Conflict, Conflict Victimization, And Legal Redress, 1945­1996, Jennifer L. Balint Oct 1996

Appendix A: Conflict, Conflict Victimization, And Legal Redress, 1945­1996, Jennifer L. Balint

Law and Contemporary Problems

No abstract provided.


Appendix C: Study Concerning The Right To Restitution, Compensation, And Rehabilitation For Victims Of Gross Violations Of Human Rights And Fundamental Freedoms: Un Document E/Cd.4/Sub.2/1993/8, Theo Van Boven Oct 1996

Appendix C: Study Concerning The Right To Restitution, Compensation, And Rehabilitation For Victims Of Gross Violations Of Human Rights And Fundamental Freedoms: Un Document E/Cd.4/Sub.2/1993/8, Theo Van Boven

Law and Contemporary Problems

No abstract provided.


Foreword, Madeline H. Morris Oct 1996

Foreword, Madeline H. Morris

Law and Contemporary Problems

No abstract provided.


Introduction, M. Cherif Bassiouni Oct 1996

Introduction, M. Cherif Bassiouni

Law and Contemporary Problems

Efforts to work against the practice of impunity for major international crimes and violations of fundamental human rights and to develop international guidelines against the practice are discussed.


Searching For Peace And Achieving Justice: The Need For Accountability, M. Cherif Bassiouni Oct 1996

Searching For Peace And Achieving Justice: The Need For Accountability, M. Cherif Bassiouni

Law and Contemporary Problems

Despite a high level of mass violence in the post-war years, there have been few prosecutions at the international or national level. Impunity for such crimes is a betrayal of human solidarity with the victims.


International Guidelines Against Impunity: Facilitating Accountability, Madeline H. Morris Oct 1996

International Guidelines Against Impunity: Facilitating Accountability, Madeline H. Morris

Law and Contemporary Problems

Reasons for a consistent pattern of compromise when it comes to impunity for international crimes and human rights violations are discussed. Guidelines are presented for facilitating accountability for these crimes.


The Letter Of The Law: The Scope Of The International Legal Obligation To Prosecute Human Rights Crimes, Michael Scharf Oct 1996

The Letter Of The Law: The Scope Of The International Legal Obligation To Prosecute Human Rights Crimes, Michael Scharf

Law and Contemporary Problems

While international criminal conventions are limited in their application, there is growing recognition of a duty for states to do something to give meaning to human rights.


Coming To Terms With Atrocities: A Review Of Accountability Mechanisms For Mass Violations Of Human Rights, Neil J. Kriz Oct 1996

Coming To Terms With Atrocities: A Review Of Accountability Mechanisms For Mass Violations Of Human Rights, Neil J. Kriz

Law and Contemporary Problems

No abstract provided.


Arresting Impunity: The Case For Universal Jurisdiction In Bringing War Criminals To Accountability, Christopher C. Joyner Oct 1996

Arresting Impunity: The Case For Universal Jurisdiction In Bringing War Criminals To Accountability, Christopher C. Joyner

Law and Contemporary Problems

One means to enhance the prospects for bringing indicted war criminals to justice is to promote adoption of the principle of universality as the legal basis for prosecutorial jurisdiction.


International Guidelines For The Creation And Operation Of Trust Commissions: A Preliminary Proposal, Priscilla B. Hayner Oct 1996

International Guidelines For The Creation And Operation Of Trust Commissions: A Preliminary Proposal, Priscilla B. Hayner

Law and Contemporary Problems

No abstract provided.


Purging The Past: The Current State Of Lustration Laws In The Former Communist Bloc, Mark S. Ellis Oct 1996

Purging The Past: The Current State Of Lustration Laws In The Former Communist Bloc, Mark S. Ellis

Law and Contemporary Problems

Lustration laws are used in the nations of the former communist bloc to determine whether suspected individuals collaborated with the former state security service. An overview is presented of the current status of such laws.


Lessons From The Americas: Guidelines For International Response To Amnesties For Atrocities, Douglass Cassel Oct 1996

Lessons From The Americas: Guidelines For International Response To Amnesties For Atrocities, Douglass Cassel

Law and Contemporary Problems

The impunity enjoyed by perpetrators of human rights violations, thanks in part to amnesty laws, is summarized. The international community should adopt guidelines to assist their own officials in responding to future amnesties.


Editors’ Introductory Note To Appendices B And C Oct 1996

Editors’ Introductory Note To Appendices B And C

Law and Contemporary Problems

No abstract provided.


Appendix B: The Administration Of Justice And The Human Rights Of Detainees: Un Document E/Cn.4/Sub.2/1997/20, Louis Joinet Oct 1996

Appendix B: The Administration Of Justice And The Human Rights Of Detainees: Un Document E/Cn.4/Sub.2/1997/20, Louis Joinet

Law and Contemporary Problems

No abstract provided.


Journal Staff Oct 1996

Journal Staff

Law and Contemporary Problems

No abstract provided.


A Researcher’S Privilege: Does Any Hope Remain?, Robert M. O'Neil Jul 1996

A Researcher’S Privilege: Does Any Hope Remain?, Robert M. O'Neil

Law and Contemporary Problems

No abstract provided.


Foreword, Joe S. Cecil, Gerald T. Wetherington Jul 1996

Foreword, Joe S. Cecil, Gerald T. Wetherington

Law and Contemporary Problems

No abstract provided.


Judicially Compelled Disclosure Of Researchers’ Data: A Judge’S View, Barbara B. Crabb Jul 1996

Judicially Compelled Disclosure Of Researchers’ Data: A Judge’S View, Barbara B. Crabb

Law and Contemporary Problems

Crabb looks at the approach one court has established to balance the demands of the legal system with the legitimate concerns of researchers.


Reluctant Experts, Paul D. Carrington, Traci L. Jones Jul 1996

Reluctant Experts, Paul D. Carrington, Traci L. Jones

Law and Contemporary Problems

Two duties arising under Rule 45 and related provisions of the Federal Rules of Civil Procedures, including the duty of a scientific or technical expert not retained by a party to testify to an opinion on a disputed scientific or technical issue, are discussed.


Researcher’S Reactions To Compelled Disclosure Of Scientific Information, Elizabeth C. Wiggins, Judith A. Mckenna Jul 1996

Researcher’S Reactions To Compelled Disclosure Of Scientific Information, Elizabeth C. Wiggins, Judith A. Mckenna

Law and Contemporary Problems

Demands placed on researchers by subpoenas for scientific information are not necessarily any greater than those placed on other third-party recipients of subpoenas.


Research Subpoenas And The Sociology Of Knowledge, Sheila Jasanoff Jul 1996

Research Subpoenas And The Sociology Of Knowledge, Sheila Jasanoff

Law and Contemporary Problems

Jasanoff says that the most effective way to integrate scientific knowledge fully and fairly into legal decisionmaking may be for judges to develop a keener sense of how science works.