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.

Featured Research

Civil Law

Rethinking Case Management and the Process of Civil Justice Reform
The American civil justice system has room for improvement in both its fairness and its efficiency, but lacks a culture of experimentation and incremental reform. This conference brought together around 30 judges, scholars, and other observers of the civil justice system to discuss how and whether the American civil justice system might develop a stronger culture of experimentation and reform.

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Journal Article
Enterprise Risk Management: How Do Firms Integrate Cyber Risk?
Cyber risk has attracted boardroom-level attention. However, many cyber incidents cost companies less than 1% of annual revenues. Therefore, we examine how companies integrate cyber risk into their enterprise risk management practices.
May 26, 2023
Sasha Romanosky, Elizabeth L. Petrun Sayers
Report
Rethinking Case Management and the Process of Civil Justice Reform: Summary and Papers Presented at a UCLA-RAND Center for Law and Public Policy Conference
This publication summarizes the discussions and presents four pieces of scholarship presented during the UCLA-RAND Center for Law and Public Policy-sponsored "Rethinking Civil Case Management" conference.
Mar 15, 2023
Eric Helland, Carolyn Kuhl, Richard Sander
Journal Article
The Quality of Occupational Healthcare for Carpal Tunnel Syndrome, Healthcare Expenditures, and Disability Outcomes: A Prospective Observational Study
We sought to examine whether quality of care for work-associated carpal tunnel syndrome is associated with healthcare expenditures or disability. Quality of care was associated with health care expenditures, but not with disability.
Nov 18, 2022
Teryl K. Nuckols, Michael Dworsky, Craig Conlon, Michael W. Robbins, Douglas Benner, Seth A. Seabury, Steven M. Asch
Journal Article
The Demand for Insurance and Rationale for a Mandate: Evidence from Workers' Compensation Insurance
Workers' compensation insurance is mandatory in nearly all states. We use data from a unique market without a coverage mandate to estimate the demand for workers' comp insurance. Our analysis suggests that several forms of market failure may not justify a mandate.
Sep 23, 2022
Marika I. Cabral, Can Cui, Michael Dworsky
Journal Article
Do Noneconomic Damage Caps Reduce Medical Malpractice Insurance Premiums? Evidence from North Carolina
The impact of medical malpractice reforms, especially caps on noneconomic damages, is of special interest to policymakers and physicians. This study uses data from North Carolina to examine how caps implemented in noncrisis periods affect malpractice premiums.
Sep 23, 2022
Hao Yu, Olesya Baker
Report
Disclosure of Software Supply Chain Risks
This Perspective presents a set of proposed disclosure rules that the U.S. Securities and Exchange Commission could implement to help address software supply chain risks and improve security.
May 26, 2022
Sasha Romanosky, Jonathan W. Welburn
Report
Defining Recognized and Generally Accepted Good Engineering Practices for Process Safety Management
The author presents the origin and intention of recognized and generally accepted good engineering practices (RAGAGEP), points of disagreement about the definition, and recommendations for complying with RAGAGEP.
Apr 11, 2022
Tom LaTourrette
Journal Article
Worker and Employer Experiences with COVID-19 and the California Workers' Compensation System: A Review of the Literature
We conducted a literature review on worker and employer experiences surrounding COVID-19 and worker's compensation, adhering to the Preferred Reporting Items for Systematic Reviews and Meta-Analyses (PRISMA) guidelines.
Feb 4, 2022
Denise D. Quigley, Nabeel Qureshi, Grace Gahlon, Courtney A. Gidengil
Report
Earnings Losses and Benefit Adequacy in California's Workers' Compensation System: Estimates for 2005–2017 Injury Dates
This final report in a series is part of an effort to monitor wage losses of injured workers in the California workers' compensation system between 2013 and 2017. It updates estimates of trends in earnings losses reported in the interim reports.
Feb 3, 2022
Michael Dworsky, Stephanie Rennane, Nicholas Broten
Report
COVID-19 and Workers' Compensation: Considerations for Policymakers
The authors examine how and why policymakers have extended workers' compensation benefits to employees who are required to work outside the home during the COVID-19 pandemic and pose questions to help policymakers meet future public health crises.
Jan 11, 2022
Michael Dworsky, Bethany Saunders-Medina
Report
The Globalization of Mass Civil Litigation: Lessons from the Volkswagen "Clean Diesel" Case
This report describes the Volkswagen "clean diesel" emission fraud litigation to illustrate the features of global mass litigation and the problems that arise in the resolution of these types of claims across transnational jurisdictions.
Jun 22, 2021
Deborah R. Hensler, Jasminka Kalajdzic, Peter Cashman, Manuel A. Gómez, Axel Halfmeier, Ianika Tzankova
Report
COVID-19 and the Courts: Lessons from the Pandemic
The U.S. civil justice system was forced to change in 2020 due to the coronavirus pandemic. Panelists in this virtual conference addressed the effects of COVID-19 on the civil justice system and how lessons learned can be applied going forward.
Jun 4, 2021
Nicholas M. Pace, Bethany Saunders-Medina, Jamie Morikawa, Sanjana Manjeshwar, Anne Bloom
Report
Online Dispute Resolution: Perspectives to Support Successful Implementation and Outcomes in Court Proceedings
Online dispute resolution provides a forum for the resolution of court matters that was especially important during the COVID-19 pandemic. A panel of experts identified strategies to improve access to justice using these platforms.
May 14, 2021
Amanda R. Witwer, Lynn Langton, Duren Banks, Dulani Woods, Michael J. D. Vermeer, Brian A. Jackson
Report
Well-Being in the Legal Community: From Promise to Practice
These conference proceedings from an event organized by the RAND Institute for Civil Justice summarize key points made during a discussion among stakeholders in the legal community about mental health and well-being.
May 11, 2021
Bethany Saunders-Medina, Jamie Morikawa
Journal Article
Does Marijuana Legalization Affect Work Capacity? Evidence from Workers' Compensation Benefits
We study the effect of state recreational marijuana laws on workers' compensation benefit receipt among adults 40–62 years old.
Mar 23, 2021
Rahi Abouk, Keshar M. Ghimire, Johanna C. MacLean, David Powell
Journal Article
Systemic Cyber Risk and Aggregate Impacts
High-profile attacks illustrate the potential for systemic cyber risk. We estimate the aggregate economic impact of firm-specific attacks finding potential large losses from downstream propagations.
Feb 18, 2021
Jonathan W. Welburn, Aaron Strong
Multimedia
Opioid Litigation: What's New, and What Does It Mean for Future Litigation?
More than 2,000 plaintiffs have joined the largest civil trial in U.S. history: National Prescription Opiate Litigation (MDL 2804). In this virtual symposium, experts discuss the opioid litigation and its effects on the future of mass litigation.
Feb 9, 2021
James M. Anderson, Anne Andrews, Sheila Birnbaum, Elizabeth J. Cabraser, Kenneth R. Feinberg, Rebecca Lee Haffajee, Eric Helland, Deborah R. Hensler, Rich Ives, Daniel B. Levin, Charlie Lifland, David Nachman, Robert Reville, Joseph F. Rice, William B. Rubenstein, Christopher A. Seeger
Journal Article
The Effect of Mandatory Insurer Reporting on Settlement Delay
This article examines this problem empirically, using a rich, national data set of closed automobile bodily injury claims.
Jan 22, 2021
Paul Heaton
Journal Article
Unintended Consequences of Products Liability: Evidence from the Pharmaceutical Market
This article explains a surprising effect of tort liability in the market for prescription drugs: punitive damages shift liability from doctors to drug companies, but not when physician malpractice liability is limited."
Dec 11, 2020
Eric Helland, Darius N. Lakdawalla, Anup Malani, Seth A. Seabury
Journal Article
Bias in the Legal Profession: Self-Assessed Versus Statistical Measures of Discrimination
This article uses data from the After the J.D. study to compare standard Blinder-Oaxaca measures of earnings discrimination to self-reported measures of client discrimination, other work-related discrimination, and harassment.
Dec 11, 2020
Heather Antecol, Deborah A. Cobb-Clark, Eric Helland