Institute for Civil Justice Research Briefs

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.

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.

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.

California's Workers' Compensation Reform: Effects on Return to Work — 2011

This brief summarizes a study of how changes to the workers' compensation system have affected return-to-work rates in California, how return-to-work trends compare with policy changes, and recent trends in benefit adequacy.

Does Employer-Based Health Insurance Discourage Entrepreneurship and New Business Creation? — 2011

Raises concerns that the bundling of health insurance and employment may discourage business creation.

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.

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.

Improving the Performance of the California Workers' Compensation Insurance Market — 2010

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.

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.

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.

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.

Gauging Future Demand for Veterans' Health Care: Does the VA Have the Forecasting Tools It Needs? — 2008

This research highlight summarizes an evaluation of the Enrollee Health Care Projection Model's accuracy and validity; identifies potential model enhancements; and assesses the risks posed by the VA's reliance on the model for budgeting and planning.

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.

Is the Economic Burden of Providing Health Insurance Greater for Small Firms Than for Large Firms? — 2008

This research brief reports that, from 2000 to 2005, the economic burden of providing health insurance increased for employers, especially for the smallest firms, and that small firms offered plans of slightly lower quality than did large firms.

Workers' Compensation in Pennsylvania: How is the System Performing? How Should It Be Reformed? — 2008

This research brief examines the performance of the Pennsylvania workers' compensation system in terms of costs and effectiveness and suggests possible reforms for the future.

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 Benefits of Sarbanes-Oxley Justify the Costs? Empirical Evidence in the Case of Small Firms — 2007

This research brief summarizes the impact of the Sarbanes-Oxley Act (SOX) on small firms based on a review of studies of relative compliance costs, stock-price reactions, and exit patterns from the public market.

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.

Is Special Regulatory Treatment for Small Businesses Working as Intended? — 2007

This research brief summarizes a compilation of studies on several kinds of regulation of small firms and their intended and actual effects, as well as how to ensure that such regulations have the effects intended.

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.

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