Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law and Economics
Flying Passports Of Convenience, Karl T. Muth
Flying Passports Of Convenience, Karl T. Muth
Karl T Muth
This paper proposes an economic alternative to the legal construct of citizenship that currently dominates international law.
Análise Econômica Do Direito E A Agu, Ivo T. Gico
Análise Econômica Do Direito E A Agu, Ivo T. Gico
Ivo Teixeira Gico Jr.
No abstract provided.
In Search Of An Enforceable Medical Malpractice Exculpatory Agreement: Introducing Confidential Contracts As A Solution To The Doctor-Patient Relationship Problem, Matthew Lawrence
In Search Of An Enforceable Medical Malpractice Exculpatory Agreement: Introducing Confidential Contracts As A Solution To The Doctor-Patient Relationship Problem, Matthew Lawrence
Matthew B. Lawrence
Scholars have argued that the malpractice system would be better off if patients had the option of waiving the right to sue for malpractice in exchange for a lower fee. Some doctors have tried to follow this advice by having their patients sign medical malpractice exculpatory agreements, but courts usually have refused to enforce these agreements, invoking a void-for-public-policy rationale. This Note argues that a doctor could maximize the odds that a court would enforce her medical malpractice exculpatory agreement by somehow ensuring that she will never find out whether her patient decided to sign. A case study of the …