We should be cautiously optimistic about future developments as important cases about federal preemption and the scope of securities laws come before the SupremeCourt in 2007.

The U.S. Senate has announced that it will be debating new legislation to reform America’s medical malpractice law in early May. Is the Senate likely to pass useful reforms? What types of reform should they consider? What is the appropriate role of the federal government in addressing the issue and...

A new book acknowledges that the litigation explosion has harmed America, but it places the blame on right-wing politics.

Claims of a medical malpractice crisis stem in large part from recent increases in malpractice insurance rates, with premiums for some individual doctors set in the hundreds of thousands of dollars a year. Most doctors, actuaries, and insurance officials attribute these costs to the lack of caps on liability awards....

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Do doctors really flee certain states, avoid high-risk specialties such as neurosurgery and obstetrics, or even forgo practicing medicine as a result of ever-growing liability concerns? Can liability reforms prevent an exodus? Empirical answers to these questions are...

A recent paper by professors Paul H. Rubin and Joanna M. Shepherd of Emory University School of Law provides striking and counterintuitive evidence that tort reforms at the state level contribute to a decrease in accidental deaths. Rubin and Shepherd found that reforms such as capping noneconomic damages, requiring a...

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In July 2002, as a reaction to various corporate scandals, Congress passed the Public Company Accounting Reform and Investor Protection Act of 2002, commonly known as the Sarbanes-Oxley Act. In signing the act, President Bush proudly declared that...

Is the real problem with America’s medical liability system too much medical malpractice rather than too much litigation? Are recent rises in medical malpractice insurance premiums caused by economic cycles instead of increasing claims? Should the system be compensating more people? In his...