Download or read book The Determinants of the Incidence and Magnitude of Punitive Damages written by Ankita Kochhar and published by . This book was released on 2011 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper investigates the determinants of the incidence and magnitude of punitive damage awards in a nationally representative sample of US State Courts in 2005. I evaluate the impact of the compensatory award, disposition type, claim type, the presence of caps, and permanence of injury on the incidence and magnitude of punitive damages in tort and contract cases. A lack of federal regulation and a wide range of state regulation can be attributed as the primary cause of the large variation in punitive damages. Incidence of punitive damages is consistently high in intentional tort, fraud and employment cases. Juries award higher damages than judges, and are more likely to suffer from hindsight bias when awarding damages ex-ante. Caps provide jurors with an anchor, and may cause a higher incidence and magnitude of punitive damages. Incidence is more predictable than magnitude, which is primarily because jurors can rank behavior based on 'how bad it is', but struggle to put a monetary value while awarding deterrence awards.
Download or read book Popular Culture and Law written by RichardK. Sherwin and published by Routledge. This book was released on 2017-07-05 with total page 603 pages. Available in PDF, EPUB and Kindle. Book excerpt: What are the consequences when law's stories and images migrate from the courtroom to the court of public opinion and from movie, television and computer screens back to electronic monitors inside the courtroom itself? What happens when lawyers and public relations experts market notorious legal cases and controversial policy issues as if they were just another commodity? What is the appropriate relationship between law and digital culture in virtual worlds on the Internet? In addressing these cutting edge issues, the essays in this volume shed new light on the current status and future fate of law, truth and justice in our time.
Download or read book Punitive Damages written by Lotte Meurkens and published by . This book was released on 2014 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Improving Diagnosis in Health Care written by National Academies of Sciences, Engineering, and Medicine and published by National Academies Press. This book was released on 2015-12-29 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: Getting the right diagnosis is a key aspect of health care - it provides an explanation of a patient's health problem and informs subsequent health care decisions. The diagnostic process is a complex, collaborative activity that involves clinical reasoning and information gathering to determine a patient's health problem. According to Improving Diagnosis in Health Care, diagnostic errors-inaccurate or delayed diagnoses-persist throughout all settings of care and continue to harm an unacceptable number of patients. It is likely that most people will experience at least one diagnostic error in their lifetime, sometimes with devastating consequences. Diagnostic errors may cause harm to patients by preventing or delaying appropriate treatment, providing unnecessary or harmful treatment, or resulting in psychological or financial repercussions. The committee concluded that improving the diagnostic process is not only possible, but also represents a moral, professional, and public health imperative. Improving Diagnosis in Health Care, a continuation of the landmark Institute of Medicine reports To Err Is Human (2000) and Crossing the Quality Chasm (2001), finds that diagnosis-and, in particular, the occurrence of diagnostic errorsâ€"has been largely unappreciated in efforts to improve the quality and safety of health care. Without a dedicated focus on improving diagnosis, diagnostic errors will likely worsen as the delivery of health care and the diagnostic process continue to increase in complexity. Just as the diagnostic process is a collaborative activity, improving diagnosis will require collaboration and a widespread commitment to change among health care professionals, health care organizations, patients and their families, researchers, and policy makers. The recommendations of Improving Diagnosis in Health Care contribute to the growing momentum for change in this crucial area of health care quality and safety.
Download or read book Product Liability and the Economics of Pharmaceuticals and Medical Devices written by Steven Garber and published by RAND Corporation. This book was released on 1993 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study examined the economic effects of product liability on firms producing drugs and medical devices. The study found that the liability system enhances the economic contributions of the industries in some ways.
Download or read book New York Court of Appeals Records and Briefs written by New York (State). and published by . This book was released on with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Journal of the Missouri Bar written by and published by . This book was released on 1994 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Product Liability written by United States. Congress. Senate. Committee on Commerce, Science, and Transportation. Subcommittee on the Consumer and published by . This book was released on 1992 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Pain Management and the Opioid Epidemic written by National Academies of Sciences, Engineering, and Medicine and published by National Academies Press. This book was released on 2017-09-28 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drug overdose, driven largely by overdose related to the use of opioids, is now the leading cause of unintentional injury death in the United States. The ongoing opioid crisis lies at the intersection of two public health challenges: reducing the burden of suffering from pain and containing the rising toll of the harms that can arise from the use of opioid medications. Chronic pain and opioid use disorder both represent complex human conditions affecting millions of Americans and causing untold disability and loss of function. In the context of the growing opioid problem, the U.S. Food and Drug Administration (FDA) launched an Opioids Action Plan in early 2016. As part of this plan, the FDA asked the National Academies of Sciences, Engineering, and Medicine to convene a committee to update the state of the science on pain research, care, and education and to identify actions the FDA and others can take to respond to the opioid epidemic, with a particular focus on informing FDA's development of a formal method for incorporating individual and societal considerations into its risk-benefit framework for opioid approval and monitoring.
Download or read book Minnesota Law Review written by and published by . This book was released on 1990 with total page 1066 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Journal of Legal Studies written by and published by . This book was released on 1999 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Taking Psychology and Law into the Twenty First Century written by James R.P. Ogloff and published by Springer Science & Business Media. This book was released on 2006-04-11 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume top scholars contribute chapters covering a wide range of topics including jurisprudence, competency, children, forensic risk assessment, eyewitness testimony, jurors and juries, lawsuits, and civil law. Also included is an introductory chapter by the editor. The result is a unique and comprehensive treatment of the issues at the confluence of these disciplines.
Download or read book ABF Working Paper written by and published by . This book was released on with total page 674 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Product Liability written by United States. General Accounting Office and published by . This book was released on 1989 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Modern American Remedies written by Douglas Laycock and published by Aspen Publishing. This book was released on 2018-10-23 with total page 1797 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern American Remedies: Cases and Materials, Fifth Edition is highly respected for its original and logical conceptual framework, comprehensive coverage, excellent case selection, and authoritative and well-written notes. The text achieves a balance of public and private law, and teaches and critiques the basics of economic analysis as applied to remedies issues. New to the Fifth Edition: New co-author Richard L. Hasen, author of Remedies: Examples and Explanations, a problem-based study guide and secondary adoptable for the casebook Key legal developments through the Supreme Courts June 2018 decisions, including litigation surrounding President Trumps travel ban Updated material on cy pres settlements in anticipation of Frank v. Gaos, the Supreme Court case involving Google Recent case law regarding the Third Restatements approach to unjust enrichment New, updated, or expanded notes on current issues, such as The rise of nationwide injunctions in challenges to federal policy Disputes over the scope of qualified immunity rules for government officials, especially police officers Donald Trump, Stormy Daniels, and Michael Cohens business partner A new drafting assignment involving an injunction in a case of same-sex harassment in employment New principal cases: Commercial Real Estate Investment v. Comcast of Utah, on new approaches to liquidated damages Sunnyland Farms v. Central New Mexico Electric Coop, on proximate cause in tort and contract Brown v. Plata, on structural injunctions and reform of prisons Lord & Taylor v. White Flint, on specific performance of long term contracts Armstrong v. Exceptional Child Center, on implied rights of action and the federal equity power Bonina v. Sheppard, on measuring restitution from innocent defendants In re Hypnotic Taxi LLC, on the standards for pre-judgment attachments James v. National Financial, LLC, on unconscionability in consumer contracts Arizona Libertarian Party v. Reagan, on laches in election cases Professors and students will benefit from: Strong conceptual organization based on remedies categoriescompensatory and punitive damages, injunctions, restitution, declaratory judgments, enforcement of judgments (contempt and collections), attorneys fees, and remedial defensesand in terms of daily teaching units of roughly equal length, each unit having a clear central theme Appropriate balance of public and private law Highly teachable and memorable cases, well edited and supported by informative and authoritative notes Coverage and critique of basic law and economics as applied to key remedies issues Plenty of information to support class discussion, case analysis, and applying concepts to varied fact patterns Teaching materials include: Cases and notes from previous editions omitted from the 5th Edition available online Annual Professors Update or Supplement Excellent Teachers Manual (as PDF or Word files), including: Introduction Transition Guide Designing the Remedies Course Introduction, daily teaching units, suggested assignment sheets Sample Syllabi for a 1, 2, 3, 4, or 5 hour course Suggestions for teaching the cases (all units, all chapters) Wrapping Up: An Overview Lecture
Download or read book Privilege or Punish written by Dan Markel and published by Oxford University Press. This book was released on 2009-04-20 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book answers two basic but under-appreciated questions: first, how does the American criminal justice system address a defendant's family status? And, second, how should a defendant's family status be recognized, if at all, in a criminal justice system situated within a liberal democracy committed to egalitarian principles of non-discrimination? After surveying the variety of "family ties benefits" and "family ties burdens" in our criminal justice system, the authors explain why policymakers and courts should view with caution and indeed skepticism any attempt to distribute these benefits or burdens based on one's family status. This is a controversial stance, but Markel, Collins, and Leib argue that in many circumstances there are simply too many costs to the criminal justice system when it gives special treatment based on one's family ties or responsibilities. Privilege or Punish breaks new ground by offering an important synthetic view of the intersection between crime, punishment, and the family. Although in recent years scholars have been successful in analyzing the indirect effects of certain criminal justice policies and practices on the family, few have recognized the panoply of laws (whether statutory or common law-based) expressly drawn to privilege or disadvantage persons based on family status alone. It is critically necessary to pause and think through how and why our laws intentionally target one's family status and how the underlying goals of such a choice might better be served in some cases. This book begins that vitally important conversation with an array of innovative policy recommendations that should be of interest to anyone interested in the improvement of our criminal justice system.
Download or read book Virginia Law Review written by and published by . This book was released on 1983 with total page 830 pages. Available in PDF, EPUB and Kindle. Book excerpt:
