Institute for Civil Justice Research Briefs
ICJ research briefs provide short policy précis of longer research reports. This list is provided chronologically. If you'd like to learn more about the research, each brief offers a link to its related report(s).
Systemic Risk in the Financial Sector: The Role of Fair Value Accounting Versus Historical Cost Accounting — 2013
Examines the relationship between fair value accounting and historical cost accounting and systemic risk to the financial system, including the role that accounting approaches played in the 2008 and earlier financial crises.
The Cost of Producing Electronic Documents in Civil Lawsuits: Can They Be Sharply Reduced Without Sacrificing Quality? — 2012
According to a RAND study, document review makes up 73 percent of discovery costs. Predictive coding is the most promising option for cutting costs without compromising the quality of the process.
RAND research finds that hedge funds did not play a pivotal role in the financial crisis of 2007–2008 but assesses how such funds could contribute to systemic risk in the future.
This research brief provides an overview of a collection of essays, a collaborative project by the UCLA-RAND Center for Law and Public Policy, examining the trade-offs between transparency and confidentiality in the civil justice system.
People with asbestos injuries are increasingly receiving compensation from trusts set up by bankrupt asbestos defendants. This brief documents how courts handling these cases consider trust payments when determining compensation.
Large variations exist across medical specialties in the frequency of malpractice claims and the amount paid on them. Most physicians face at least one claim during their careers, but most claims do not result in a payment.
In light of what occurred after Katrina and the other 2004-2005 hurricanes, the authors propose goals for an effective Gulf Coast residential insurance market and highlight policy reforms that warrant consideration for achieving those goals.
Investigates the relationship between safety outcomes in hospitals and malpractice claiming against providers, using data for California hospitals and insurers from 2001 through 2005.
Provides an overview of U.S. alternative or “third-party” financing: describes the main types of financing, reviews arguments to limit this activity, begins to analyze its effects on litigation, and suggests lessons for policymakers.
Higher auto insurance rates in Michigan lead to a high proportion of drivers without auto insurance. Introducing options or fee schedules for personal injury protection coverage could help lead to broader, more-affordable choices.
This brief reviews the decline in popularity of no-fault automobile insurance. The main reason for this decline is rising costs: no-fault offers more medical services to accident victims and pays more for the same care than tort insurance.
This brief analyzes the factors that led to the exposure of widespread abuse in the diagnoses in thousands of silica injury claims in Texas, then suggests ways to uncover such abuses in mass personal-injury litigation more easily in the future.
Discusses the development of corporate governance institutions in China, including obstacles to the future outlook for Chinese corporate governance.
This research brief describes broker-dealers and investment advisers -- their numbers, size, assets, clients, services, and affiliations -- and examines whether individual investors understand the differences between them.
This research brief describes characteristics of more than 700 class action cases against large U.S. insurers -- trends in claims, their allegations, and their outcomes -- including the vast majority of cases that never become certified as a class.
Do Policies That Target Physicians Who Make Medical Malpractice Payments Reduce Negligent Injuries? — 2007
This fact sheet describes a study that found that policies targeting physicians' medical malpractice payment histories as a way to deter medical malpractice are ineffective, mainly because paying physicians are not the negligent ones.
This research brief summarizes a RAND assessment of disparity ratios for women-owned small businesses to determine whether those businesses receive federal contracts in proportion to their representation in given industries.
This research brief summarizes a study that found that the private insurance industry underwrites residential flood insurance in a limited but important niche, protecting more homes, responding to lender and borrower needs, and reducing lender costs.
State Insurance Mandates and Consumer-Directed Health Plans: Are They Helping Small Business Provide Health Insurance to Employees? — 2007
This research brief describes the effects of state health-insurance mandates and consumer-directed health plans (CDHPs) on the access to and affordability of health insurance for small businesses.
This research brief summarizes a study that concludes older drivers are relatively safe and that targeting restrictive licensing policies at that group will do little to improve overall traffic safety.
This research brief assesses the nationwide market penetration rate of the Federal Emergency Management Agency-administered National Flood Insurance Program, identifies the contributing factors, and summarizes the benefits of increasing this rate.
This research brief describes work documented in Asbestos Litigation (MG-162-ICJ).
California’s Workers’ Compensation Permanent Disability Rating System: A Pre-Reform and Post-Reform Evaluation — 2005
This research brief describes work documented in An Evaluation of California's Permanent Disability Rating System (MG-258-ICJ).
This research brief quantifies the benefits received by the various 9/11 victim groups from each compensation mechanism including insurance payments, government programs, and charitable distributions.