Institute for Civil Justice Publications

The RAND Institute for Civil Justice uses empirical and objective research methods to search out the root causes of system problems and identify the best fixes. We find common ground among adversaries, and interpret findings for policymakers. Our work aims to make the system more efficient and equitable for all, protecting society from the economic and social costs of a system that could become arbitrary and capricious.

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2016

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2014

  • How Proposition 46 May Affect California2014

    Proposition 46 is a California ballot initiative to be voted on in November 2014. if approved, it will increase the state's cap on medical malpractice liability to more than $1 million and will automatically increase the cap in future years according to the rate of inflation. RAND research looks at how changes brought about by Prop 46 may affect patients, doctors, plaintiffs, lawyers, the health care industry, and the general public.

  • The Changing Role of Criminal Law in Controlling Corporate Behavior2014

    James M. Anderson, Ivan Waggoner

    This report addresses the use of criminal sanctions to control corporate behavior — prosecutions both of corporations and of employees for actions taken on corporations' behalf. The authors describe the current state of the use of criminal sanctions in controlling corporate behavior, describe how the current regime developed, and offer suggestions about how the use of criminal sanctions to control corporate behavior might be improved.

  • The Impact of the Affordable Care Act on Liability Insurance2014

    David I. Auerbach, Paul Heaton, Ian Brantley

    Summarizes a report that identifies potential mechanisms through which health care reform might affect claim costs for several major types of liability coverage, especially auto insurance, workers’ compensation coverage, and medical malpractice.

  • How Will the Patient Protection and Affordable Care Act Affect Liability Insurance Costs?2014

    David I. Auerbach, Paul Heaton, Ian Brantley

    This report identifies potential mechanisms through which the Affordable Care Act (ACA) might affect liability claim costs and develops rough estimates of the size and direction of expected impacts as of 2016. Overall, effects of the ACA appear likely to be small relative to aggregate auto, workers' compensation, and medical malpractice insurer payouts, but some states and insurance lines may experience cost changes as high as 5 percent or more.

  • Transforming Compliance: Emerging Paradigms for Boards, Management, Compliance Officers, and Government2014

    Michael D. Greenberg

    RAND convened the symposium "Transforming Compliance: Emerging Paradigms for Boards, Management, Compliance Officers, and Government" in May 2014 in order to stimulate a forward-looking conversation about compliance as a field, factors that are likely to contribute to its transformational change, and practical implications for key stakeholder groups. These proceedings summarize the discussions and include the white papers.