Medical Malpractice And Compensation In The Uk,
2011
Chicago-Kent College of Law
Medical Malpractice And Compensation In The Uk, Richard Goldberg
Chicago-Kent Law Review
In the first part of this paper, Dr. Goldberg examines the context in which medical malpractice liability is operating in the UK. The fact that the state-run National Health Service (NHS) is the major healthcare provider in the UK has several implications, since funding for medical malpractice compensation in the NHS comes from the taxpayer. The most recent empirical evidence on the incidence and funding of claims in England and Scotland is assessed, to show a trend of expenditure on clinical negligence increasing, particularly in England. This is followed by an examination of the statutory framework for the empowerment of …
A Bridge Over Troubled Waters: The Development Of Medical Malpractice Litigation In Brazil,
2011
Chicago-Kent College of Law
A Bridge Over Troubled Waters: The Development Of Medical Malpractice Litigation In Brazil, Eduardo Dantas
Chicago-Kent Law Review
This paper aims to demonstrate how medical malpractice litigation is developing in Brazil, and how the Brazilian legal system is dealing with the increase of demands against health care professionals. A brief overlook on the legal structure is provided, highlighting the most important issues being discussed today in Brazilian courts, regarding autonomy, consent, choice, the definition of moral damages, and the influence of the Consumer's Defense Code in litigation regarding health law.
Yangge Dance: The Rhythm Of Liability For Medical Malpractice In The People's Republic Of China,
2011
Chicago-Kent College of Law
Yangge Dance: The Rhythm Of Liability For Medical Malpractice In The People's Republic Of China, Zhu Wang, Ken Oliphant
Chicago-Kent Law Review
This paper summarises the development of liability for medical malpractice in the People's Republic of China, beginning with the establishment of a formal system of administrative liability in 1987, its refinement in 2002, and the broadly contemporaneous judicial recognition of a concurrent tortious liability under general civil law. All these developments may be said to have furthered the interests of patients. The incorporation of liability for medical malpractice into the Tort Liability Law of 2009, however, arguably marks a step backwards, subordinating the interests of patients in favor of the interests of the medical community, and further reforms in the …
Malpractice In Scandinavia,
2011
Chicago-Kent College of Law
Malpractice In Scandinavia, Vibe Ulfbeck, Mette Hartlev, Mårten Schultz
Chicago-Kent Law Review
The article describes the special Scandinavian patient insurance system which secures compensation for patients in malpractice cases. For all practical purposes, the insurance based systems have replaced ordinary tort law rules in malpractice cases in Scandinavia. Thus, the basic feature of these systems is that proof of fault is not a requirement for obtaining compensation. Other criteria which are more favourable to the patient are applicable. The article concludes that in general the compensations systems have been successful in making it easier for the patients to obtain compensation. However, the systems also face challenges, some of which stem from the …
Rethinking Merger Efficiencies,
2011
University of Michigan Law School
Rethinking Merger Efficiencies, Daniel A. Crane
Articles
The two leading merger systems-those of the United States and the European Union-treat the potential benefits and risks of mergers asymmetrically. Both systems require considerably greater proof of efficiencies than they do of potential harms if the efficiencies are to offset concerns over the accumulation or exercise of market power The implicit asymmetry principle has important systemic effects for merger control. It not only stands in the way of some socially desirable mergers but also may indirectly facilitate the clearance of some socially undesirable mergers. Neither system explicitly justifies this asymmetry, and none of the plausible justifications are normatively supportable. …
A Comparison Of Renewable Portfolio Standards And Feed-In Tariffs As Legislative Mechanisms To Provide Renewable Power Incentives: Impacts On Power Supply, Transmission, And Grid Intermittency,
2011
Suffolk University Law School
A Comparison Of Renewable Portfolio Standards And Feed-In Tariffs As Legislative Mechanisms To Provide Renewable Power Incentives: Impacts On Power Supply, Transmission, And Grid Intermittency, Steven Ferrey
Suffolk University Law School Faculty Works
A federalist form of government is used in several important nations, including the United States, Germany, India, Australia, Brazil, Canada, Malaysia, and Switzerland. A federalist form of government divides political sovereignty between a central federal authority and constituent states or provinces. To implement new government policy regulating private power, the challenging transcendent issues are legal and regulatory, rather than technical. Certain measures in various industrialized countries, when implemented at the state rather than federal level, must be designed and implemented carefully to achieve a legal, regulatory fit in a federalist system of government.
For purposes of comparison, this article considers …
Regulating Governmental Data Mining In The United States And Germany: Constitutional Courts, The States, And New Technology,
2011
William & Mary Law School
Regulating Governmental Data Mining In The United States And Germany: Constitutional Courts, The States, And New Technology, Paul M. Schwartz
William & Mary Law Review
No abstract provided.
Direct Concern In Regional Policy: The European Court Of Justice And The Southern Question,
2011
Boston University School of Law
Direct Concern In Regional Policy: The European Court Of Justice And The Southern Question, Daniela Caruso
Faculty Scholarship
For a few years, the European Court of Justice (ECJ) has declared inadmissible, for lack of direct concern, a number of annulment actions initiated by sub-state actors in the context of regional policy. This article compares the ECJ's holdings with the General Court's more generous application of the ‘direct concern’ standard in some of the same disputes, and argues in favour of the General Court's approach. The cases hereby analysed pertain to the implementation of structural funds in Southern Italy. Relating regional policy to the historical unfolding of the ‘Southern Question’, this article examines the unexpected opportunity for civic and …
Our Exceptional Constitution,
2011
William & Mary Law School
Presidential Authority And The 2001 Constitution Of Senegal,
2011
North Carolina Central University School of Law
Presidential Authority And The 2001 Constitution Of Senegal, Judy Scales-Trent
North Carolina Central Law Review
No abstract provided.
Trade Liberalization And Obstacles To Food Security: Toward A Sustainable Food Sovereignty,
2011
University of Miami Law School
Trade Liberalization And Obstacles To Food Security: Toward A Sustainable Food Sovereignty, Peter Halewood
University of Miami Inter-American Law Review
No abstract provided.
Introduction: Lessons Learned From Indonesia, Latin America, And The United States,
2011
University of Miami Law School
Introduction: Lessons Learned From Indonesia, Latin America, And The United States, Douglas West
University of Miami Inter-American Law Review
No abstract provided.
The Impact Of Indonesian Agricultural Policies On Indigenous Populations, Natural Resources And The Economy: The Limits Of Democratic Self-Determination Under Capitalist Regimes,
2011
University of Miami Law School
The Impact Of Indonesian Agricultural Policies On Indigenous Populations, Natural Resources And The Economy: The Limits Of Democratic Self-Determination Under Capitalist Regimes, Scott Brainard
University of Miami Inter-American Law Review
No abstract provided.
Introduction: Politicizing The Everyday,
2011
University of Miami Law School
Introduction: Politicizing The Everyday, Nicholas Espíritu
University of Miami Inter-American Law Review
No abstract provided.
Global Law And The Environment,
2011
University of Washington School of Law
Global Law And The Environment, Robert V. Percival
Washington Law Review
This Article explores three areas in which globalization is profoundly affecting the development of a global environmental law. First, countries increasingly are borrowing law and regulatory innovations from one another to respond to common environmental problems. Although this is not an entirely new phenomenon, it is occurring at an unprecedented pace. Second, lawsuits seeking to hold companies liable for environmental harm they have caused outside their home countries are raising new questions concerning the appropriate venue for such transnational liability litigation and the standards courts should apply for enforcement of foreign judgments. Third, nongovernmental organizations are playing an increasingly important …
The Global Politics Of Food: A Critical Overview,
2011
University of Miami Law School
The Global Politics Of Food: A Critical Overview, Nancy Ehrenreich, Beth Lyon
University of Miami Inter-American Law Review
No abstract provided.
La Producción De Alimentos En México En El Marco De Las Políticas Neoliberales Y Del Tlcan,
2011
University of Miami Law School
La Producción De Alimentos En México En El Marco De Las Políticas Neoliberales Y Del Tlcan, José Luis Calva
University of Miami Inter-American Law Review
No abstract provided.
Introduction: The Global Politics Of Food,
2011
University of Miami Law School
Introduction: The Global Politics Of Food, Carmen G. González
University of Miami Inter-American Law Review
No abstract provided.
Food, Globalism And Theory: Marxian And Institutionalist Insights Into The Global Food System,
2011
University of Miami Law School
Food, Globalism And Theory: Marxian And Institutionalist Insights Into The Global Food System, Charles R.P. Pouncy
University of Miami Inter-American Law Review
No abstract provided.
Nafta's Trojan Horse & The Demise Of The Mexican Hog Industry,
2011
University of Miami Law School
Nafta's Trojan Horse & The Demise Of The Mexican Hog Industry, Pamela A. Vesilind
University of Miami Inter-American Law Review
No abstract provided.
