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).
2012
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.
Do Hedge Funds Pose a Systemic Risk to the Economy? — 2012
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.
Would Increased Transparency Improve the Civil Justice System? — 2012
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.
2011
Bankruptcy Trusts, Asbestos Compensation, and the Courts — 2011
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.
Malpractice Risk, by Physician Specialty — 2011
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.
2010
Call for Reform in the Residential Insurance Market after Hurricane Katrina — 2010
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.
Does Improved Patient Safety Reduce Malpractice Litigation? — 2010
Investigates the relationship between safety outcomes in hospitals and malpractice claiming against providers, using data for California hospitals and insurers from 2001 through 2005.
Overview of Alternative Litigation Financing in the United States — 2010
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.
Reducing Michigan Auto Insurance Rates — 2010
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.
What Happened to No-Fault Automobile Insurance? — 2010
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.
2009
Diagnostic Abuse in Silica Litigation — 2009
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.
2008
The Evolution of Corporate Governance in China — 2008
Discusses the development of corporate governance institutions in China, including obstacles to the future outlook for Chinese corporate governance.
Investment Advisers and Broker-Dealers — 2008
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.
2007
Anatomy of an Insurance Class Action — 2007
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.
Measuring the Use of Women-Owned Small Businesses in Federal Contracting — 2007
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.
Private Insurers Play a Limited, but Key, Role in Underwriting Residential Flood Insurance — 2007
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.
What Risks Do Older Drivers Pose to Traffic Safety? — 2007
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.
2006
Evaluating National Flood Insurance — 2006
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.
2005
Asbestos Litigation Costs, Compensation, and Alternatives — 2005
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).
2004
Changing the Medical Malpractice Dispute Process: What Have We Learned from California's MICRA? — 2004
Compensating the Victims of 9/11 — 2004
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.
How Would a ''Choice'' Auto Insurance Plan Affect the Insurance Costs and Compensation of Accident Victims? — 2004
Under a choice plan, those who elect the no-fault option will realize substantial cost savings while those who choose the modified version of their state's current system will not be affected.
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