Thursday, May 3, 2012
David Hyman (Illinois), Charles Silver (Texas), and Bernard Black (Northwestern) have posted to SSRN an article by that title. The abstract provides:
Does state tort reform affect physician supply? Tort reformers certainly believe so. Before Texas adopted tort reform in 2003, proponents claimed that physicians were deserting Texas in droves. After tort reform was enacted, proponents claimed there had been a dramatic increase in physicians moving to Texas due to the improved liability climate. We find no evidence to support either claim. Physician supply was not measurably stunted prior to reform, and did not measurably improve after reform. This is true whether one looks at all patient care physicians in Texas or at high-malpractice-risk specialties.
Wednesday, May 2, 2012
Marek Olzewski broke up with his girlfriend, Anna Machowiak, who happens to be a dentist. For some unknown reason he went to her to help him with a toothache days after the break up. She allegedly sedated him and pulled all of his teeth. His new girlfriend then left him because he had no teeth. The story is here. If I wrote this into an exam, my students would accuse me of having a wild imagination!
Tuesday, May 1, 2012
As the academic year winds down, we want to wish Bill Childs, TortsProf's founder, all the best as he returns to practice. Bill started the blog on January 15, 2006 with this post. He said his farewell in this post back in March. Along the way, Bill was a terrific blogger, actually engaging in original reporting and breaking several stories himself. We hope Bill stays in touch and we can provide readers with periodic updates.
--Sheila and Chris
Rather than creating an environment to foster safer products, product liability law often has adverse consequences. Some of the problems stem from the inherent nature of product risk decisions and the function of tort liability, while others may derive from individuals’ cognitive limitations and inability to think properly about balancing risk and cost. Thus it would be both incorrect and an oversimplification to blame all the ills on the tort liability system. That system functions reason- ably well for many types of accidents, such as personal motor vehicle accidents. However, tort liability falls short with respect to products.
Monday, April 30, 2012
A Georgia middle school student has sued two classmates (along with their parents) for libel and intentional infliction of emotional distress based on a fake Facebook page that the classmates created in the student's name. According to the Daily Report,
The lawsuit has helped [the student's attorney Natalie] Woodward achieve one important change for her clients—getting the page dropped from Facebook. Woodward made arrangements for Alex to tell her story on CNN this past Saturday morning with her lawyer. After they left the TV studio, Woodward said, Facebook called CNN to get Woodward's contact information. Three hours after the CNN segment aired, the fake Facebook page disappeared from the website.
Thanks to Lisa Smith-Butler for the alert.