Do Physicians Respond to Liability Standards? Comment

Author(s):  
Urs Schweizer
Keyword(s):  
2019 ◽  
Author(s):  
Marie-Lena Schmidt-Fromme

The comparative work gives a comprehensive overview of the obligations of the passenger carrier in the context of delays, denied boarding and overbooking for carriage by air, rail, ship, bus and coach. It contains a detailed analysis and comparison of French, German, European and international uniform law. After a detailed presentation of the legal sources and principles of the passenger transport contract, the liability standards and legal remedies for typical transport disruptions in form of delay, denied boarding and over-booking are examined. The differences and similarities are compared comprehensively. In particular, the typical causes of disturbances in form of strikes, meteorological conditions and technical defects are examined. The methodological basis is Watson‘s model of legal transplants.


2012 ◽  
Vol 31 (3) ◽  
pp. 95-124 ◽  
Author(s):  
Jennifer J. Gaver ◽  
Jeffrey S. Paterson ◽  
Carl J. Pacini

SUMMARY This paper provides the first evidence that state-level liability standards affect auditor behavior. We hypothesize that auditors demand more conservative reporting when their insurance clients are domiciled in states with more stringent standards for third-party claims against the auditor for negligence. To test this hypothesis, we analyze a sample of 3,107 loss reserve observations from 1993 through 2004. Our sample is restricted to private insurers that operate in a single state to control for auditor liability under statutory law and to reduce the possibility of forum shopping by plaintiffs. Consistent with Petroni (1992), we find that financially struggling insurers tend to under-reserve. This behavior is attenuated when the insurer is domiciled in a state that uses either the Restatement of Torts or the reasonable foreseeability standard to determine the auditor's liability to third parties. Compared to the case where the auditor's liability is defined by the legal concept of privity, these standards impose greater legal costs on auditors for ordinary negligence. JEL Classifications: M41; M42; G22; K13.


1999 ◽  
Vol 74 (4) ◽  
pp. 473-491 ◽  
Author(s):  
Ping Zhang ◽  
Lynda Thoman

This paper studies the impact of liability rules and damage awards on audit effort and the value of an audit (the net benefits to society of an audit) when an auditor and an investor may settle before proceeding to trial. It is demonstrated that audit effort increases with size of the damage award, but may decrease with the rigor of the auditing standards. For a given level of damage award, allowing pre-trial settlements may reduce the value of the audit despite the reduction in the deadweight legal costs. On the other hand, if the damage award is optimally chosen, then allowing settlements increases social welfare. With an appropriately set damage award, strict liability standards result in the first-best outcome, while the first-best result cannot be obtained with vague negligence rules.


Author(s):  
John C. Norcross ◽  
Thomas P. Hogan ◽  
Gerald P. Koocher ◽  
Lauren A. Maggio

The final core step in evidence-based practice (EBP) is evaluating the effectiveness of the entire process: the E(valuation) in the mnemonic AAA TIE. In the literature, this skill is typically referred to as monitoring, measuring, or auditing clinical performance. This chapter reviews the evaluation of EBP implementation at three levels: the individual practitioner, the program or administrative unit, and the profession as a whole. The chapter then focuses on risk management, liability standards, and ethical issues—matters typically ignored when considering EBPs. The key ethical considerations in EBP revolve around competence, consent, and public statements; all of these are considered according to the American Psychological Association’s ethics code, which is used as an exemplar for the various codes of behavioral health professions.


1997 ◽  
Vol 15 (2) ◽  
pp. 333-338 ◽  
Author(s):  
James May

James Hackney's article provocatively points our attention to very important and underexplored issues concerning the interplay of science and politics in the dramatic evolution of law and neoclassical economics since the Second World War. At the heart of his article is his rejection of any reductionist interpretation of the leading developments in this area. Modern law and neoclassical economics, he argues, cannot be accurately viewed either as merely a faithful, nonpoliticized application of modern social science or, alternatively, as simply a convenient vehicle for the promotion of particular contentious political beliefs. Hackney insists that law and neoclassical economics, both in general and in the specific doctrinal area he emphasizes, is about both science and politics. His article seeks to demonstrate this duality and, more broadly, to clarify the general nature and evolution of modern law and economics. Hackney highlights key general characteristics of twentieth-century intellectual thought and examines the influence of those characteristics, as well as the interplay between science and politics, in a series of landmark works on law and economics that have great relevance to recent debates over appropriate products liability standards.


2021 ◽  
Vol 7 (2) ◽  
pp. 261-286
Author(s):  
John Thomas

Offshore methane hydrates have recently made headlines as various countries began experimenting with methods of exploration and extraction of the resource. The value and abundance of this resource presents many exciting opportunities as researchers and developers begin to contemplate the possibility of commercial development of methane hydrate reserves. This Comment seeks to explore the legal regulations in place and assess whether the current legal regime, both in the United States and internationally, would be able to efficiently regulate methane hydrates and their unique composition due to difficulties stemming from exploration and extraction. In particular, this Comment will look at how to impose liability after an accident resulting from exploration and extraction of offshore methane hydrates. Ultimately, because of their unique nature and the narrow focus of current legal institutions that govern liability of off drilling accidents, this Comment recommends the institution of different liability standards to successfully cover the unique problems inherent with Offshore methane hydrates.


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