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Full-Text Articles in Law

Doctors At Risk: A Problem As Viewed By Decision Analysis, Leonard P. Caccamo, Kimbroe J. Carter, Barbara A. Erickson, William R. Johnson, Edward Kessler Sep 1991

Doctors At Risk: A Problem As Viewed By Decision Analysis, Leonard P. Caccamo, Kimbroe J. Carter, Barbara A. Erickson, William R. Johnson, Edward Kessler

RISK: Health, Safety & Environment (1990-2002)

The authors closely analyze a case in which a Peer Review Organization cited a physician for treatment with potential for significant adverse effect. They also critique the regulatory scheme under which peer review occurs and conclude that such regulation interferes with physicians' primary obligations, fails to encourage cost-effective behavior and may decrease the quality of medical care.


Authority And Responsibility: The Jurisprudence Of Deference, Joseph Vining Jan 1991

Authority And Responsibility: The Jurisprudence Of Deference, Joseph Vining

Articles

he connection between authority and responsibility is such that the one cannot be thought of without the other. In legal method, close reading and rereading of a text marks it as an authoritative text; the presupposition of mind which is necessary to close reading is presupposition of a responsible mind. In the working of institutions that embody authority, the disposition to follow the decisions and statements of a person responsible for a matter inevitably rests upon a presupposition that the decisions and statements followed are those of the responsible person. As that presupposition fades with bureaucratization of decision and writing, …


Worker Learning And Compensating Differentials, W. Kip Viscusi, Michael J. Moore Jan 1991

Worker Learning And Compensating Differentials, W. Kip Viscusi, Michael J. Moore

Vanderbilt Law School Faculty Publications

In the standard compensating wage differential model, workers value their wage and workers' compensation components based on full job risk information. Market forces generate positive wage differentials as ex ante compensation for exposure to relatively high risk. Similarly, market forces generate wage offsets for the increases in ex post risk compensation embodied in workers' compensation benefits. These predictions can be modified to take into account potential imperfections in worker information, as in Viscusi (1979a,b, 1980a,b,d), where the role of learning is incorporated into the worker's decision model. The potential for learning about risks introduces a new market response through worker …