Law and Contemporary Problems

Online ISSN: 0023-9186
Publications
Article
S. 1232, the "Medical Injury Compensation Fairness Act of 1991, is discussed. S. 1232 may be too innovative to be enacted in its present form, but there is immense potential for combining its encouragement of private reform of poorly designed, cost-increasing malpractice rights with other federal proposals that seek to make good-quality health care accessible to all Americans at reasonable cost.
 
Article
The Higher Education Amendments of 1992 formally provided for a "Program Integrity Triad" of accrediting agencies, the states, and the Department of Education to control access to student financial assistance programs. Negotiated rulemaking was mandated by Congress for the implementation of the program.
 
Article
This article from law and child psychology provides a thorough description of relevant state laws, judicial decisions, and childprotective-services practices and argues that relevant regulation ought to be revised to the extent necessary to reflect an appropriate balance between parental-autonomy rights and the social-science evidence on the effects of corporal punishment on children’s short- and long-term developmental wellbeing.
 
Article
The accelerated-compensation events (ACE) approach in medical malpractice reform was studied. Reforms based on ACE best address the twin goals of making compensation more equitable and avoiding bad outcomes in medical care.
 
FREQUENCY AND SEVERITY OF INDIANA MALPRACTICE CLAIMS, 1977-1988 
Article
Indiana's medical malpractice tort and insurance reforms were studied. The analysis showed that relatively subtle administrative arrangements for the management of claims at the state level may influence whether claimants are treated fairly by a system that is tightly structured to control claim severity and thus the price and availability of malpractice insurance for providers.
 
Article
The appropriateness of the use of private accreditation in regulating and defining the quality of health care providers under government health insurance programs is examined. The characteristics of health care institutions and the patients they serve are important considerations.
 
Article
The law and the internal policies of accrediting entities have protected the confidentiality of accreditation information, but regulators who rely on accreditation decisions for public purposes are demanding greater access to this information. The litigation involving access to accrediting information is examined.
 
Article
The various subagencies of the HHS have opposing positions on the use of private accreditation in health care regulation, due to their different views of their missions. The use of the private delegation doctrine, an obscure constitutional doctrine, in health care cases in court is examined.
 
Article
The risk of tort liability for negligent accreditators is examined. Only a single court has held a private accrediting body liable to a consumer for negligence in connection with its evaluation of a social service provider.
 
Article
The economic and political forces driving the program in which health care institutions accredited by the Joint Commission on Accreditations of Healthcare Organizations are deemed to meet Medicare conditions of participation are examined. The Joint Commission should be more rigorous in the application of its accreditation standards and more accountable to the public.
 
Article
The government has come to rely on private organizations for accreditation in higher education. It created the Higher Education Amendments of 1992 Act, which provided for state "postsecondary review entities" to contract with the Department of Education.
 
Article
The relationship between private voluntary postsecondary accrediting agencies and the federal eligibility for student financial aid programs has attracted public scrutiny, due to the magnitude of loan defaults and the insistence of the agencies that accredited higher education institutions become more demographically diverse. The history of Department of Education recognition of such agencies is examined.
 
Article
The Lanham Act--the Trademark Act of 1946--is examined to determine if it allows the protection of color per se as a trademark. Circuit courts vary in their use of the legislation, but color does satisfy the Act's broad definition of a trademark.
 
Article
This chapter discusses the methodologies and results of behavioral genetics studies, focusing on traits such as antisocial behavior, aggression, and behaviors associated with criminal conduct. It describes in detail the classic methods as well as more recent research designs of behavioral genetics studies, along with the various assumptions, strengths, and weaknesses of each approach. It surveys leading scientific research in antisocial personality disorder and explains the known biological and environmental contributions.
 
Article
Although Friedrich Nietzsche was not noted for his views on medical ethics, the above quotation captures the essence of James Lindgren's article. 2 Lindgren posits that the recent O'Connor' and Cruzan 4 decisions signal a shift in the law on the withdrawal or withholding of treatment. He concludes that the requirement set forth in those cases-that an individual must have clearly and convincingly expressed his or her wishes before treatment can be terminated errs unduly on the side of life. Basing his conclusion primarily on preferences revealed by public opinion polls, he contends that a better rule would be to presume, subject to proof otherwise, that an individual desires death when the individual falls into one or more of fourteen specified categories. 5 Lindgren's arguments have considerable appeal. As his excellent compilation of polls reveal, a substantial majority of individuals would prefer that life supports be withdrawn in the event of a terminal illness or irreversible coma. Yet, only a tiny minority have executed an advance directive with regard to their future care, 6 and a majority have not otherwise made their views known. 7 Lindgren overstates his case, however. His conclusion that O'Connor and Cruzan represent a change in direction is incorrect. Furthermore, while presumed intent should play a role in the formulation of a rule on the termination of treatment, it should not be made the exclusive test.
 
GROWTH IN THE AVERAGE VALUE OF PAID CLAIMS 
SIMILAR INCREASES IN MALPRACTICE LITIGATION IN THE U.K. 
AGGREGATE CANADIAN DISCIPLINE OF NEGLIGENT OR INCOMPETENT 
CLAIMS EXPERIENCE OF NON-HEALTH PROFESSIONS INCIDENT-YEAR BASIS VARIED GROWTH IN RELATIVE CLAIMS 
COMPONENTS OF DAMAGES IN LARGE CLAIMS 
Article
The results of a detailed empirical study of the Canadian medical malpractice experience are presented. Policy perspectives on the so-called medical malpractice crisis need to be much more broadly cast than the overwhelming preoccupation with tort reform issues that have dominated policy debates to this juncture.
 
Article
Compensation determinations for victims of medical malpractice were studied. Results showed that for birth-related and emergency room cases of permanent injury in Florida, a claimant receiving much more than economic loss in compensation more nearly appears to be the exception than the norm.
 
Top-cited authors
James Boyle
  • The Open University (UK)
Richard Stewart
  • New York University
Nico Krisch
  • Graduate Institute of International and Development Studies
Charlotte Hess
  • Syracuse University
Helmut Anheier
  • University of California, Los Angeles