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Books: Evalution of Early Offer Reform of Medical Malpractice Claims: Final Report (with Joni Hersch &W. Kip Viscusi) (U.S. Dept. of Health and Human Services, 2006) http://aspe.hhs.gov/daltcp/reports/2006/medmalcl.pdf Accidental Justice: The Dilemmas of Tort Law (with Peter A. Bell) (Yale University Press, 1997). Rethinking Contingency Fees: A Proposal to Align the Contingency Fee System with Its Policy Roots and Ethical Mandates (with Lester Brickman & Michael J. Horowitz) (Manhattan Institute, 1994). Ending the Lottery: A Consumer Proposal for Medical Malpractice Reform, 16 pp. (HALT, 1987). The Blame Game: Injuries, Insurance and Injustice (with C. Brian Kelly) (Lexington Books, 1987). Book Chapters: 'The Rise and Fall (and Rise Again?) of Accident Law: A Continuing Saga,'(with John Linehan) in Paul D. Carrington & Trina Jones, eds., Law and Class in America: Trends since the Cold War 349 (New York University Press, 2006). "More for Less Under Auto Choice: Fewer Dollars for Lawyers, Fraud, Pain and Suffering, and Insurance Companies Mean Lower Premiums and Better Compensation for Motorists" (with Peter Kinzler), in Edward L. Lascher & M. Powers, eds., The Economics and Politics of Choice No-Fault Insurance (Kluwer, 2001). "Torts," in S. Gillers, ed., Looking at Law School (Meridian, 4th ed. 1997). "Neo No-Fault: Settling for Economic Losses," in M. Martin Halley et al., eds., Medical Malpractice Solutions: Systems and Proposals for Injury Compensation 91 (Thomas, 1989). "Foreword" to Doing Away with Personal Injury Law: New Compensation Mechanisms for Victims, Consumers, and Business ix (Stephen D. Sugarman; Quorum Books, 1989). "Neo-No-Fault: A Fair-Exchange Proposal for Tort Reform," in Walter Olson, ed., New Directions in Liability Law 186 (Academy of Political Science, 1988). "Bhopal: Income Redistribution?" in R.S. Khare, ed., Issues in Compensatory Justice: The Bhopal Accident 25 (University of Virginia Center for Advanced Studies, 1987). "Torts," in Stephen Gillers, ed., Looking at Law School: A Student Guide from the Society of American Law Teachers 174, Revised and expanded ed. (New American Library, 1984). Articles: 'An Empirical Assessment of Early Offer Reform for Medical Malpractice' (with Joni Hersch and W. Kip Viscusi), 36 J. Legal Stud. S231 (2007). 'The Powerful but Vulnerable Aide in the Rise and Fall of Woodrow Wilson and His League of Nations' (with Thomas E. O'Connell), 19 Fla. J. Int'l L. 289 (2007). 'With a Poster Case like the Trial Bar's, Who Needs Enemies?: A Product Liability Claimant's Odyssey' (with Tim Hagen), 56 Drake L. Rev. 83 (2007). 'Binding Early Offers versus Caps for Medical Malpractice Claims?' 85, No. 2, Milbank Quarterly 287 (2007). 'Neo No-Fault Early Offers: A Workable Compromise Between First and Third-Party Insurance' (with John Linehan), 41 Gonz. L. Rev. 103 (2005/06). 'Costing 'Early Offers' Medical Malpractice Reform,' J. Federalist Soc'y Practice Groups: Convention Issue at pp155-62 (Oct. 2006). 'Noneconomic Loss as an Incentive for Prompt Payment of Economic Loss in Personal Injury Cases,' in Essays on Tort, Insurance, Law and Society In Honor of Bill W. Dufwa, Vol II, (Jure Forlag ed., 2006) 897-903. "Binding Statutory Early Offers by Defendants, Not Plaintiffs, in Personal Injury Suits" (with Evan Stephenson), 54 DePaul L. Rev. 233 (2005). "An Economic Model Costing Early Offers Medical Malpractice Reform: Trading Noneconomic Damages for Prompt Payment of Economic Damages" (with Jeremy Kidd and Evan Stephenson), 35 N.M. L. Rev. 259 (2005). 'Why Economists and Philosophers Flunk Torts: With a Guide to a Good Grade,' 53 Emory L.J. 1349 (2004). 'Karl Marx and Michael Harrington: Two Law School Dropouts . . . and What Happened Next, East and West' (with Thomas E. O'Connell), 19 J.L. & Pol. 1 (2003). 'Statutory Authorization of Nonpayment of Noneconomic Damages as Leverage for Prompt Payment of Economic Damages in Personal Injury Cases,' 71 Tenn. L. Rev. 191 (2003). "Belle Moskowitz: An Early Female Powerhouse," 20 Gender Issues 76 (Winter 2002). 'The Comparable Roles in Social Legislation and Civil Rights of a Conventional Jewish Female and an Unconventional Black Homosexual Male: Belle Moskowitz and Bayard Rustin' (with Thomas E. O'Connell), 55 SMU L. Rev. 1641 (2002). '(In)juries, (In)justice, and (Il)legal Blame: Tort Law as Melodrama - Or Is It Farce?' (with Joseph R. Baldwin), 50 UCLA L. Rev. 425 (2002). "Treating Medical Malpractice Claims Under a Variant of the Business Judgement Rule" (with Andrew S. Boutros), 77 Notre Dame L. Rev. 373 (2002). "A Federal Bill, With Commentary, to Allow Choice in Auto Insurance" (with Peter Kinzler & Hunter Bates), 7 Conn. Ins. L. J. 511 (2001). "More Hippocrates, Less Hypocrisy: 'Early Offers' as a Means of Implementing the Institute of Medicine's Recommendations on Malpractice Law" (with P. Bryan), 15 J.L. & Health 23 (2000-01). "Global Raising and Razing of Statism: The Mirror Roles of Two Law-Trained Englishmen - William Beveridge and Keith Joseph" (with Thomas E. O'Connell), 16 J.L. & Pol. 639 (2000). "Yellow Page Ads as Evidence of Widespread Overcharging by the Plaintiff's Personal Injury Bar" (with co-authors), 6 Conn. Ins. L. J. 424 (1999-2000). "Binding Early Offers as a Simple, If Second-Best, Alternative to Tort Law" (with co-author), 78 Neb. L. Rev. 858 (1999). "A Common Good - Kenny's Kennedys: A Study of Power" (with co-author), 15 Va. J. L. & Pol. 67 (1999). "Judges and Real Tort Reform," 49 DePaul L. Rev. 497 (1999). "Justice Delayed is...Justice Ignored: The Indifference to Legal Lassitude" (with co-author), 49 DePaul L. Rev. 489 (1999). "The Role of Compensation in Personal Injury Law" (with co-author), 32 Conn. L. Rev. 137 (1999). "Consumer Choice in the Minnesota Auto Insurance Market" (with co-authors), 24 Wm. Mitchell L. Rev. 825 (1998). "Early Offers as Contingent Fee Reform," 47 DePaul L. Rev. 413 (1998). "The Effect of Allowing Motorists to Opt Out of Tort Law in the United States" (with co-authors), Les Cahiers de Droit, numéro spécial 471 (1998) (Laval Université, Quebec, Canada). "HMOs, Cost Containment, and Early Offers: New Malpractice Threats and a Proposed Reform" (with co-author), J. Contemp. Health L. & Pol'y 287 (1988). "How Reliable is Medical Malpractice Law?" (with co-author), 12 J. L. & Health 359 (1997-98). "The Beam in Thine Eye: Judicial Attitudes toward 'Early Offer' Tort Reform" (with Ralph M. Muoio), U. Ill. L. Rev. 491 (1997). 'Choice Auto Insurance': Do Theories of Justice Require Linkage Between Injurers and The Injured?" (with co-author), U. Ill. L. Rev. 1109 (1997). "The Comparative Costs of Allowing Consumer Choice for Auto Insurance in All Fifty States" (with others), 55 Md. L. Rev. 160 (1996). "Consumer Choice in the Virginia Auto Insurance Market" (with others), Va. B. A. J., Fall 1997, at 16-20. "Consumer Choice in the Tennessee Auto Insurance Market" (with others), 27 U. Memphis L. Rev. 539 (1997). "Consumer Choice in the North Carolina Auto Insurance Market" (with others), 19 Campbell L. Rev. (1996). "The McConnell Tort Reform Bill," 1 Mich. L. & Pol'y Rev. 111 (1996). "Allowing Motorists a Choice to be Legally Uninsured by Surrendering Tort Claims for Noneconomic Loss (with some further thoughts on choices between PIP and tort coverage)," 1 Conn. Ins. L. J. 33 (1995). "The Case for 'Rapid Recovery'" (with Michael Horowitz), Legal Times, June 5, 1995, at 26. Reprinted as "At Last: Tort Reform that Both Sides Could Love" in NJ L. J., June 12, 1995, at 26. "The Costs of Consumer Choice for Auto Insurance in States without No-fault Insurance" (with others), 54 Md. L. Rev. 281 (1995). "Blending Reform of Tort Liability and Health Insurance: A Necessary Mix," 79 Cornell L. Rev. 1303 (1994). "An Index and Table of Contents to the ALI Reporter's Study on Enterprise Responsibility for Personal Injury" (with Alexander S. Glovsky). 31 San Diego L. Rev. 665 (1994). "Reforming Both Liability and Health Insurance," 3 Kan. J. L. & Pub. Pol'y 106 (1993-94). "Consumer Choice in the Auto Insurance Market" (with Stephen Carroll, Michael Horowitz, & Allan Abrahamse), 52 Md. L. Rev. 1016 (1993). "A Lost Opportunity: A Review of the American Law Institute's Reporters' Study on Enterprise Liability for Personal Injury" (with Chad M. Oldfather), 30 San Diego L. Rev. 307 (1993). "Two-Tier Tort Law: Neo No-Fault & Quasi-Criminal Liability," 27 Wake Forest L. Rev. 871 (1992). "Michigan's No-Fault Auto Law: Too Much of a Good Thing? - and a Way for Some to Cut Back," 70 Mich. B J. 938 (1991). "A Model Bill (and Commentary Thereon) Allowing Choice of Coverage under Michigan's No-Fault Auto Insurance Law," 17 J. Legis. 155-166 (1991). "Neo-No-Fault Proposals for Medical Malpractice Claims" (with Roberta Meltzer Povitsky)," Am. Coll. Surgeons Bull., Apr. 1991, at 14-17. "The Diverse Doctor Johnson: Among Other Things, a Lawyer's Lawyer" (with Thomas E. O'Connell), 65 Notre Dame L. Rev. 617 (1990). "A Draft Bill to Allow Choice between No-Fault and Fault-Based Auto Insurance," 27 Harv. J. on Legis. 143 (1990). "A Model Bill Allowing Choice between Auto Insurance Payable with and without Regard to Fault" (with commentary coauthored by Robert Joost), 51 Ohio St. L. J. 947 (1990). "No-Fault Auto Insurance: Giving Consumers a Choice," edited remarks in Bay State Auto Rates: What Are the Driving Rorces? 12. (Pioneer Institute for Public Policy Research, 1990). "Less Torturous Torts," Best's Rev. (Prop./Casualty), Apr. 1989, at 38, 40, 42. "Must Health and Disability Insurance Subsidize Wasteful Injury Suits?" 41 Rutgers L. Rev. 1055 (1989). "No-Fault Auto Insurance: Back by Popular (Market) Demand?" 26 San Diego L. Rev. 993 (1989). "An America's Cup for Tort Reform? Australia and America Compared" (with David Partlett), 21 U. Mich. J. L. Ref. 443 (1988). "A Correct Diagnosis of the Ills of Liability Insurance - and a False Cure: A Comment on the Reports of the Federal Tort Policy Working Group," 63 Notre Dame L. Rev. 161 (1988). "An Irrational Combination: The Relative Expansion of Liability Insurance and Contraction of Loss Insurance" (with James Guinivan), 49 Ohio St. L. J. 757 (1988). "No-Fault Auto Insurance: Simple and Fair," LA Times, Sept. 21, 1988, pt. II at 7. "Pragmatic Constraints to Market Approaches: A Response to Professor Epstein," 74 Va. L. Rev. 1475 (1988). "Reforming New Zealand's Reform: Accident Compensation Revisited" (with Craig Brown & Margaret Vennell), 1988 NZ L. J. 399. "Balanced Proposals for Product Liability Reform," 48 Ohio St. L. J. 317 (1987). Reprinted in 1988 Personal Injury Rev. 451-467. "From Doctor Johnson to Justice Holmes to Professor Laski" (with Thomas E. O'Connell), 46 Md. L. Rev. 320 (1987). "Into the Insurance Mess - and Out," 87 Pub. Interest 95 (1987). "Neo-No-Fault: A Fair Exchange Proposal for Tort Reform," Va. L. Wkly., Oct. 16, 1987, at 1, 3. "North America's Most Ambitious No-Fault Law: Quebec's Auto Insurance Act" (with Charles Tenser), 24 San Diego L. Rev. 917 (1987). "Tort versus No-Fault: Compensation and Injury Prevention," 19 Accident Analysis & Prevention 63 (1987). "AIDS: Public Health and Private Rights - a Panel Discussion" (with James F. Childress, Michael F. Rein, & Richard P. Keeling), Pharos, Summer 1986, at 32-37. "Alternatives to the Tort System for Personal Injury," 23 San Diego L. Rev. 17 (1986). "Bhopal, the Good Lawyer, and the American Law School: A Torts (and Insurance) Professor's Perspective," 36 J. Legal Educ. 311 (1986). "Compensation for Injury & Illness: An Update of the Conard-Morgan Tabulations" (with Jay Barker), 47 Ohio St. L. J. 913-949 (1986). "Giving Motorist a Choice between Fault and No-Fault Insurance" (with Robert J. Joost), Nat'l Underwriter (Prop./Casualty), Mar. 14, 1986, at 17, 20-21. "Giving Motorists a Choice between Fault and No-Fault Insurance" (with Robert J. Joost), 72 Va. L. Rev. 61 (1986). "Neo-No-Fault Remedies for Medical Injuries: Coordinated Statutory and Contractual Alternatives," Law & Contemp. Probs., Spring 1986, at 125-141. "Neo No-Fault Insurance," Issues Sci. & Tech., Fall 1986, at 49-53. "A New Approach to Medical Malpractice Insurance: Tort System Could Be Bypassed by No-Fault Insurance or a Contractural Arrangement," 69 RI Med. J. 81 (1986). "Prof. Proposes Compromise on Tort Reform," Nat'l Underwriter (Prop/Casualty), Sept. 5, 1986, at 66. "Whatever Happened to No-Fault?" (with Peter Spiro), Wash. Monthly, Apr. 1986, at 33-37. Reprinted in LA Daily J., May 1, 1986, at 4. "Compensation without Litigation" (with Henson Moore), Va. L. Sch. Rep., Summer 1985, at 21-23. "Don't Gut No-Fault" (with Peter Spiro), Wash. Post, Nov. 19, 1985, at A17. "The House of Truth: Home of the Young Frankfurter and Lippmann" (with Nancy Dart), 35 Cath. U. L. Rev. 79 (1985). "The 'Neo No-Fault' Alternative," 112 Va. Med. 239 (1985). "A 'Neo No-Fault' Contract in Lieu of Tort: Preaccident Guarantees of Postaccident Settlement Offers," 73 Cal. L. Rev. 898 (1985). Abridged version printed as A Way out of the Litigation Jungle," Best's Rev. (Prop./Casualty), Dec. 1984, at 22, 24, 26, 28. "Potential Liability for Transfusion-Associated AIDS" (with Patti J. Miller, Andrew Leipold, & Richard P. Wenzel), 253 J.A.M.A. 3419 (1985). "Foreclosing Medical Malpractice Claims by Prompt Tender of Economic Loss" (with Henson Moore), 44 La. L. Rev. 1267 (1984). "No-Fault Insurance for Vaccine Related Injuries," 2 Vaccine 173 (1984). "Preaccident Commitments of Post Accident Settlement Offers," 3 J. Prod. L. 65 (1984). "A Canadian Proposal for No-Fault Benefits Financed by Assignments of Tort Rights" (with Craig Brown), 33 U. Toronto L. J. 434 (1983). "Payment for Pain and Suffering through History" (with Keith Carpenter), 50 Ins. Couns. J. 411 (1983). "A Reply to Landes: A Faulty Study of No-Fault's Effect on Fault?" (with Saul Levmore), 48 Mo. L. Rev. 649 (1983). "No Fault: What, Where & Why?" Va. L. Sch. Rep., Spring 1982, at 5-7. "Offers That Can't Be Refused: Foreclosure of Personal Injury Claims by Defendants' Prompt Tender of Claimants' Net Economic Losses," 77 Nw. U. L. Rev. 589 (1982). Abridged adaptation printed as "Foreclosing Claims for Personal Injury from Toxic Substances by Defendants' Tender of Claimants' Net Economic Losses," 2 Va. J. Nat. Resources L. 203-211 (1982). Excerpts printed in Best's Rev. (Prop./Casualty), Dec. 1982, at 12, 14, 124-128. "Alfred Conard," 79 Mich. L. Rev. 375 (1981). "A Proposal to Abolish Defendants' Payment for Pain and Suffering in Return for Payment of Claimants' Attorney's Fees," 1981 U. Ill. L. Rev. 333. Excerpts printed in Best's Rev. (Prop./Casualty), Apr. 1982, at 19-20, 22, 24-25, 90-91. "Why Not No-Fault for All Injuries?" Nat'l Underwriter (Prop./Casualty), June 5, 1981, at 35, 64-65. "The Five Roles of the Law School Dean: Leader, Manager, Energizer, Envoy, Intellectual" (with Thomas E. O'Connell), 29 Emory L. J. 605 (1980). "Overcoming Legal Barriers to the Transfer of Third-Party Tort Claims as a Means of Financing First-Party No-Fault Insurance" (with Janet Beck), 58 Wash. U. L. Q. 55 (1980). Statements: Statement in S. 1860, Auto Choice Reform Act 64-74. U.S. Congress. Senate. Committee on Commerce, Science, and Transportation. Hearing, Sept. 24, 1996. Statement in The Cost of the Legal System 124-133. U.S. Congress. Senate. Committee on the Judiciary. Hearing, May 2, 1995. Statements (with others) in Product Liability Voluntary Claims and Uniform Standards Act 69-104. U.S. Congress. Senate Committee on Commerce, Science, and Transportation. Hearings, Feb. 27 and Mar. 11, 1986. Statement in Product Liability Act Amendments 61-72, 108. U.S. Congress. Senate. Committee on Commerce, Science, and Transportation. Hearings, June 18 and 25, 1985. Statement in Alternative Medical Liability Act 57-66. U.S. Congress. House Committee on Ways and Means. Hearing, June 28, 1984. Book Reviews: "Pats for Pat," (with Richard F. Bland), 2000 U. Ill. L. Rev. 1287 (reviewing Katzmann, ed., Daniel Patrick Moynihan). Excerpt printed as Moynihan's legacy. Pub. Interest, Winter 2001, at 95-106. "Moynihan's Legacy" (review, with co-author), 142 The Public Interest 95 (Winter, 2000). Review of Carrington, Stewards of Democracy: Law as a Public Profession (with Thomas E. O'Connell), 16 J. L. & Pol. 479 (2000). "The Rise and Fall (and Rise Again?) of Harold Laski" (with Thomas E. O'Connell), 55 Md. L. Rev. 1384 (1996) (reviewing Kramnick & Sheerman, Harold Laski: A Life on the Left, and Newman, Harold Laski: A Political Biography). Book Review of The Essential Holmes: Selections from the Letters, Speeches, Judicial Opinions and Other Writings of Oliver Wendell Holmes, Jr. (with Thomas E. O'Connell), 44 DePaul L. Rev. 513 (1995). "Harriman Revisited" (with Thomas E. O'Connell), 43 Cath. U. L. Rev. 523 (1994) (reviewing Abramson, Spanning the Century). "Five Roles of Robert Hutchins" (with Thomas E. O'Connell), 42 DePaul L. Rev. 835 (1992) (reviewing Ashmore, Unseasonable Truths). Review of Baker, The Justice from Beacon Hill (with Thomas E. O'Connell), 37 St. Louis U. L. Rev. 169 (1992). "Ike and Adlai Revisited - Mirror Images Reversed?" (with Charles Elson and Thomas E. O'Connell), 40 De Paul L. Rev. 903 (1991) (reviewing McKeever, Adlai Stevenson). Excerpts reprinted in Va. L. Wkly., Oct. 11, 1991, at 1, 4-5. Review of Novick, Honorable Justice, and Aichele, Oliver Wendell Holmes, Jr. (with Thomas E. O'Connell), 67 Notre Dame L. Rev. 167 (1991). Review of Stevens, In Sickness and in Wealth, 7 J. Contemp. Health L. & Pol'y 433 (1991). "Truman Capote in the Snares of the Law" (with Thomas E. O'Connell), Va. L. Wkly., Mar. 1, 1991, at 1, 3-4 (reviewing Clark, Capote). Review of Howard, Wilbur and Orville, and Crouch, The Bishop's Boys (with Thomas E. O'Connell), 55 J. Air L. & Com. 583 (1989). "Psychology and Trials: Some Disturbing Insights" (with Keith Carpenter), 48 Mo. L. Rev. 299 (1983) (reviewing Kerr & Bray, eds., The Psychology of the Courtroom). Review of White, Tort Law in America, Duke L. J. 1201 (1980). |
