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Open Access. Powered by Scholars. Published by Universities.®

2012

Courts

SSRN

Articles 1 - 2 of 2

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 ...


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 ...