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A Psychological Perspective on Tort Rules, Tort Cases, and Tort Reform

Jennifer K. Robbennolt and Valerie P. Hans

in The Psychology of Tort Law

Published in print:
2016
Published Online:
May 2017
ISBN:
9780814724941
eISBN:
9780814724712
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814724941.003.0010
Subject:
Psychology, Social Psychology

This chapter reviews the ways in which a psychological perspective informs an understanding of how plaintiffs, defendants, lawyers, judges, and jurors make decisions. It then explores how a ... More


Governments’ Responses to Medical Malpractice Crises—and Their Effects

A. Sloan Frank and M. Chepke Lindsey

in Medical Malpractice

Published in print:
2008
Published Online:
August 2013
ISBN:
9780262195720
eISBN:
9780262283809
Item type:
chapter
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262195720.003.0004
Subject:
Economics and Finance, Public and Welfare

This chapter addresses the states’ responses to the three medical malpractice crises that have occurred since 1970. It begins by clarifying the distinction between first-generation and ... More


Justice Has (Almost) Nothing to Do With It: Medical Malpractice and Tort Reform

David A. Hyman and Charles Silver

in Medicine and Social Justice: Essays on the Distribution of Health Care

Published in print:
2012
Published Online:
May 2015
ISBN:
9780199744206
eISBN:
9780190267551
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199744206.003.0043
Subject:
Philosophy, Moral Philosophy

This chapter examines the costs and contributions of the current legal framework for seeking justice to remedy medical malpractice. Patients injured by medical treatment or misdiagnosis can sue for ... More


The application of concepts to contemporary examples

Frank J. Vandall

in A History of Civil Litigation: Political and Economic Perspectives

Published in print:
2010
Published Online:
May 2011
ISBN:
9780195391916
eISBN:
9780199894772
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195391916.003.0007
Subject:
Law, Constitutional and Administrative Law, Legal History

Georgia Power, through lobbying, was able to convince the members of the Georgia legislature to allow customers to fund the construction of a nuclear reactor. During the 2008 government bailout, the ... More


Introduction

Thomas O. McGarity

in The Preemption War: When Federal Bureaucracies Trump Local Juries

Published in print:
2008
Published Online:
October 2013
ISBN:
9780300122961
eISBN:
9780300152203
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300122961.003.0001
Subject:
Law, Company and Commercial Law

This book starts with the story of Susan Halvorsen and her husband Jim Gjebic, who died of a heart attack at the age of thirty-four. Like thousands of heart disease victims and their spouses ... More


Conclusion: Implications for Private Law

Jean Thomas

in Public Rights, Private Relations

Published in print:
2015
Published Online:
June 2015
ISBN:
9780199677733
eISBN:
9780191757259
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199677733.003.0011
Subject:
Law, Human Rights and Immigration, Public International Law

The conclusion explores some implications of the analysis and model of rights developed in the book for the theory and practice of private law. It suggest that tort seems to be the area of private ... More


The New Judicial Selection Landscape

Charles Gardner Geyh

in Who is to Judge?: The Perennial Debate Over Whether to Elect or Appoint America's Judges

Published in print:
2019
Published Online:
March 2019
ISBN:
9780190887148
eISBN:
9780190939885
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190887148.003.0003
Subject:
Law, Legal Profession and Ethics, Constitutional and Administrative Law

Chapter 3 maps the current judicial selection landscape by describing a series of developments decades in the making that has altered the political environment of judicial elections in fundamental ... More


Ceilings on Nonmonetary and Total Losses

A. Sloan Frank and M. Chepke Lindsey

in Medical Malpractice

Published in print:
2008
Published Online:
August 2013
ISBN:
9780262195720
eISBN:
9780262283809
Item type:
chapter
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262195720.003.0005
Subject:
Economics and Finance, Public and Welfare

Some tort reforms in effect transfer money from injury victims and their attorneys to health care providers. Flat caps on damages, the overwhelming favorite of the lobbies for provider organizations, ... More


Punishing Robots: Issues in the Economics of Tort Liability and Innovation in Artificial Intelligence

Alberto Galasso and Hong Luo

in The Economics of Artificial Intelligence: An Agenda

Published in print:
2019
Published Online:
January 2020
ISBN:
9780226613338
eISBN:
9780226613475
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226613475.003.0020
Subject:
Economics and Finance, Microeconomics

Liability laws designed to compensate for harms that are caused by defective or dangerous products or that are the result of professional negligence may also affect innovation incentives. Advances in ... More


Punitive Damage Awards are Excessive and Unpredictable

Brian H. Bornstein and Edie Greene

in The Jury Under Fire: Myth, Controversy, and Reform

Published in print:
2017
Published Online:
February 2017
ISBN:
9780190201340
eISBN:
9780190201357
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190201340.003.0010
Subject:
Psychology, Forensic Psychology

Many criticisms of juries concentrate on civil juries, alleging that they award plaintiffs excessive and unpredictable punitive damages. Although very large punitive damage awards exist, juries ... More


Compensatory Damage Awards Are Excessive and Unpredictable

Brian H. Bornstein and Edie Greene

in The Jury Under Fire: Myth, Controversy, and Reform

Published in print:
2017
Published Online:
February 2017
ISBN:
9780190201340
eISBN:
9780190201357
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190201340.003.0009
Subject:
Psychology, Forensic Psychology

Many criticisms of juries concentrate on civil juries, alleging that they award plaintiffs excessive and unpredictable compensation. These allegations are especially common in certain areas of tort ... More


Pressure Builds for Reform

Robert L. Wears and Kathleen M. Sutcliffe

in Still Not Safe: Patient Safety and the Middle-Managing of American Medicine

Published in print:
2019
Published Online:
November 2019
ISBN:
9780190271268
eISBN:
9780190271299
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190271268.003.0007
Subject:
Public Health and Epidemiology, Public Health

Horrific medical accidents widely circulated in the media: Betsy Lehman, Boston Globe health reporter died from a chemotherapy overdose; in Florida, Willie King had the wrong leg amputated. These ... More


Modern Variations on the Theme

Andrew S. Gold

in The Right of Redress

Published in print:
2020
Published Online:
November 2020
ISBN:
9780198814405
eISBN:
9780191851933
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198814405.003.0009
Subject:
Law, Law of Obligations, Philosophy of Law

This chapter considers contemporary developments in private law. We live in a world that increasingly includes statutory encroachments on common law principles, and some of these revisions alter the ... More


Fakers and Floodgates

Sandra F. Sperino and Suja A. Thomas

in Unequal: How America's Courts Undermine Discrimination Law

Published in print:
2017
Published Online:
May 2017
ISBN:
9780190278380
eISBN:
9780190682279
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190278380.003.0008
Subject:
Political Science, American Politics

The structure of discrimination law, with its many pro-employer inferences and rules, pushes cases toward dismissal. In this chapter, we explore what we call the “fakers and floodgates” argument—the ... More


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