Investigates the significance of secrecy and disclosure for medical malpractice litigation.
Institute for Civil Justice Publications
The RAND Institute for Civil Justice uses empirical and objective research methods to search out the root causes of system problems and identify the best fixes. We find common ground among adversaries, and interpret findings for policymakers. Our work aims to make the system more efficient and equitable for all, protecting society from the economic and social costs of a system that could become arbitrary and capricious.
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A Framework for Analyzing Influences and Outcomes of Mass Litigation Episodes in the United States 2009
Proposes a conceptual framework for analyzing the roles of social, institutional, economic and legal factors that affect or are affected by mass litigation.
Examines patterns of specialization among plaintiffs' firms that handle medical malpractice cases or have an interest in doing so, using data from 965 plaintiffs' attorneys who responded to a 2006 national survey.
Examines the relation between regulation and class actions in the insurance industry.
Studies the decisions of litigants in civil disputes whether to settle or appeal a case after a trial.
Perspectives of Chief Ethics and Compliance Officers on the Detection and Prevention of Corporate Misdeeds: What the Policy Community Should Know 2009
In March 2009, RAND convened a conference on the role and perspectives of corporate chief ethics and compliance officers (CECOs). The discussions featured input from current and former officers and other stakeholders in the nonprofit sector, academia, and government. Themes included the unique position of CECOs in corporate management, the relevance of ethics and culture as a prophylaxis to malfeasance, and the importance of open communication and employee reporting in guarding against fraud and misconduct.
The employment of illegal aliens is a crime in the United States, and federal law provides for forfeiture of the proceeds from this offense. This report presents an economic model, and describes a software program based on the model, that can be used by law enforcement officials to estimate what portion of a firm's profits are attributable to the employment of undocumented workers.
Using data from inpatient hospitalizations surrounding a 2003 Colorado auto insurance reform, tests the model of behavior that predicts physicians may respond dysfunctionally to financial incentives by recommending unnecessary treatment.
Examines whether drivers under no-fault insurance causes more accidents.
While a class action such as one brought under Federal Rules of Civil Procedure Rule 23 is certainly the most well-known mechanism for aggregating large numbers of similar claims, other approaches include mass joinder of parties, mass consolidation of separate cases, or multidistrict litigation transfer of federal cases from across the country into a single action for pretrial processing; corporate reorganizations under the U.S. Bankruptcy Code; large-scale inventories of clients controlled by a single attorney; government-initiated enforcement actions; and private attorneys general litigation brought on behalf of the general public.