RAND Institute for Civil Justice Publications

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Browse complete publications lists, organized by year.

2011

Workers' Compensation Reform and Return to Work: The California Experience

Provides a comprehensive analysis of the effects of several large changes to the workers' compensation system on return to work rates for California's injured workers.

2010

Alternative Litigation Financing in the United States: Issues, Knowns, and Unknowns

Describes the extent and types of alternative litigation financing (ALF) -- also known as ''third-party'' litigation financing -- in the United States as of early 2010 and discusses the legal ethics, social morality, and potential economic effects of ALF.

Asbestos Bankruptcy Trusts: An Overview of Trust Structure and Activity with Detailed Reports on the Largest Trusts

This report describes the creation, organization, governance, and operation of asbestos personal-injury trusts and compiles information on the assets, outlays, claim-approval criteria, and governing boards of the 26 largest trusts.

Call for Reform in the Residential Insurance Market after Hurricane Katrina

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.

Directors as Guardians of Compliance and Ethics Within the Corporate Citadel: What the Policy Community Should Know

Documents a May 12, 2010, symposium that RAND convened to examine the perspective and role of corporate boards of directors in overseeing ethics and compliance matters within their firms.

Does Improved Patient Safety Reduce Malpractice Litigation?

Investigates the relationship between safety outcomes in hospitals and malpractice claiming against providers, using data for California hospitals and insurers from 2001 through 2005.

Earthquake Insurance and Disaster Assistance: The Effect of Catastrophe Obligation Guarantees on Federal Disaster-Assistance Expenditures in California

Proponents of the Catastrophe Obligation Guarantee Act argue that lower-cost catastrophe insurance could reduce federal disaster-assistance expenditures. This report estimates the law's potential effects in California.

The Frequency, Severity, and Economic Consequences of Musculoskeletal Injuries to Firefighters in California

This book describes the effect of work-related musculoskeletal disorders on firefighters' earnings and employment, disability ratings, and employment outcomes since California's reforms to workers' compensation and medical delivery systems.

Health Savings Accounts for Small Businesses and Entrepreneurs: Shopping, Take-Up and Implementation Challenges

The Health Savings Account marketplace may have expanded access to health insurance for the smallest firms but not for small firms more generally, who face challenges in implementing them.

Improving the Performance of the California Workers' Compensation Insurance Market

Analyzes factors that led to swings in the California workers' compensation insurance market after partial rate deregulation in 1995 and suggest ways to reduce market volatility and insurer insolvencies while maintaining the benefits of competition.

Is Better Patient Safety Associated with Less Malpractice Activity? Evidence from California

Investigates the relationship between safety outcomes in hospitals and malpractice claiming against providers, using administrative data and measures for California hospitals and insurers from 2001 to 2005.

Is Employer-Based Health Insurance A Barrier To Entrepreneurship?

Examines whether the focus on employer-provided health insurance in the United States may restrict business creation.

Judicial Expenditures and Litigation Access: Evidence from Auto Injuries

Measures the relationship between state-level court expenditures and the propensity of injured parties to pursue litigation.

On the Shoulders of Giants: Directors as Pillars of Rectitude and Compliance in the Corporation

Directors face newly heightened expectations to recognize and fulfill their responsibilities to oversee the company's management of compliance, ethics, and reputation risks.

Overview of Alternative Litigation Financing in the United States

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

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.

Residential Insurance on the U.S. Gulf Coast in the Aftermath of Hurricane Katrina: A Framework for Evaluating Potential Reforms

Proposes goals for an effective U.S. Gulf Coast residential insurance market and highlights policy reforms that warrant consideration for achieving those goals.

The Role of Inspection Sequence in Compliance with the US Occupational Safety and Health Administration's (OSHA) Standards: Interpretations and Implications

The authors examined the Occupational Safety and Health Administration's inspections in the US to identify the effects of repeated inspections and the time between inspections on non-compliance.

Third-Party Litigation Funding and Claim Transfer: Trends and Implications for the Civil Justice System

In July 2009, the UCLA-RAND Center for Law and Public Policy convened a conference to assess the regulatory implications, effect on dispute resolution, and trends in the development of third-party litigation funding.

The Unintended Effects of the Sarbanes-Oxley Act of 2002

Evaluates managerial perception of the Sarbanes-Oxley Act of 2002, a stringent rules-based system widely considered the most comprehensive economic regulation since the New Deal.

The U.S. Experience with No-Fault Automobile Insurance: A Retrospective

This monograph reviews the history of no-fault auto insurance in the United States and concludes that political support for no-fault dissipated because premium costs under no-fault have been higher than tort largely due to higher medical costs.

What Happened to No-Fault Automobile Insurance?

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

The Abuse of Medical Diagnostic Practices in Mass Litigation: The Case of Silica

This report reviews the court proceedings that led to the uncovering of abusive diagnostic practices in silica litigation, then identifies ways in which similar practices could be uncovered or prevented in the future.

Ambulatory Surgery Facility Services Provided to California's Injured Workers

Examines the types of ambulatory surgical procedures performed on injured workers covered by the California workers' compensation system and whether they vary by hospital outpatient and freestanding ambulatory surgery settings.

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