Civil law—the body of laws of a state or nation dealing with the rights of private citizens—seeks to resolve noncriminal disputes such as disagreements over property ownership or damage, insurance, contracts, divorce, and child custody. RAND helps make the civil justice system more efficient and more equitable by supplying government and private decisionmakers and the public with the results of objective, empirically based, analytic research.
The RAND Institute for Civil Justice (ICJ) conducts research on all aspects of civil justice, from trends in litigation and jury verdicts to punitive damages, compensation systems, and alternative dispute resolution. Directly or indirectly, civil justice issues have an impact on us all.
The U.S. should make two key reforms. First, the over-designation of material as classified makes it is harder to protect the few real secrets; this must be change. Second, the FISA court must become a gatekeeper for NSA access to communications data.
People are wondering how much America is, or should be, sacrificing privacy and civil liberties for the sake of homeland security. A RAND Policy Forum on October 24, 2013 will discuss where to draw the proper lines between privacy, security, and liberty.
At this October 2013 event, Henry Willis, director of the RAND Homeland Security and Defense Center, moderated a panel discussion on U.S. efforts to strike a balance among privacy, security, and liberty.
Law enforcement agencies should be required to collect data that can be used to monitor the implementation of state and local immigration enforcement laws, to ensure that they are applied in a race-blind manner.
Opponents of product liability claim that liability reduces product availability, increases prices, and discourages innovation. Supporters claim that liability uncovers information about drug hazards and deters socially undesirable corporate behavior.
The U.S. malpractice system is widely regarded as inefficient, in part because of how long cases take to resolve. Malpractice reforms should be assessed by how well they reduce litigation time without undermining patients' needs.
In this survey of six state mental health telephone consultation program directors, we report the annual number of children referred for consultation and the number of lawsuits against consultant clinicians.
In this Response, the author sketches two problems with Professor Doug Kysar's argument regarding climate change litigation and effect on tort law.
Computerized clinical decision support (CDS) systems have been developed to enhance physician decisionmaking and reduce the incidence of avoidable medical errors. Drug-drug interaction warnings are a mainstay of CDS systems, but they give rise to a fundamental problem that limits the utility of the systems to date.
The authors assessed the appropriateness of recommendations for hysterectomies done for nonemergency and nononcologic indications for 497 California women. Seventy percent of the hysterectomies were judged to have been recommended inappropriately.
New electronic clinical decision support (CDS) systems are intended to reduce medical errors but sometimes have the unexpected and perverse effect of overwhelming physicians with potential warnings about trivial events, particularly regarding drug-drug interactions.
The risk of medical malpractice varies substantially according to physician specialty.
The quest for greater transparency in the American civil justice system is the topic of a new book of essays illustrating how a balanced approach to increasing transparency can improve the civil justice system, raise public confidence and protect litigants' privacy.
Some argue that the confidentiality of the civil justice system keeps it working efficiently and fairly; others argue that the public is being denied information about hazards that may cause harm. A balanced approach to increasing transparency can improve the system, raise public confidence, and protect litigants' privacy.
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.
This report details the resources required to comply with electronic-discovery requests and suggests ways to reduce those costs, as well as address concerns about duties to preserve data in anticipation of litigation.
A preliminary assessment of the impact of the financial crisis on the civil justice system finds that litigation demands on some parts of the system have increased, that funding for state courts may be trending downward, and that there have been disruptions in the legal services economy, in the provision of legal aid, and in the operation and staffing of courts.
Discusses innovation's role in the legal services industry, factors affecting innovation's production, and the research and data infrastructure needed by policymakers to understand whether restrictions on the practice of the law should be altered.
The most comprehensive analysis of the risk of malpractice claims by physician specialty in more than two decades finds that U.S. physicians have a greater than 75% career-long risk of facing litigation. In some specialties, doctors can be virtually certain of a lawsuit over the course of their careers. However, the vast majority of those claims will not result in payment to a plaintiff.