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The lawsuit is the cornerstone of the civil justice system in
America, and an open court the foundation of American
jurisprudence. In a public setting, we resolve disputes, determine
liability, and compensate injuries. In recent decades, however,
more civil disputes have been resolved out of court and the
outcomes have been kept secret. Fewer than 5 percent of the tens of
millions of injury claims annually are actually resolved through a
public trial with a jury, and the vast majority are settled out of
court or through private forums, such as mediation or arbitration,
with undisclosed terms. Some argue that the confidentiality of the
system keeps it working efficiently and fairly; others argue that
the public is being denied information about hazards that may cause
harm and that a public system with no data lacks oversight. This
collection of essays by leading legal scholars is the first book to
approach the issue in a multidisciplinary, nonpartisan, and
empirical manner. The essays provide empirical analyses and case
studies of the impact of greater disclosure on various aspects of
the system, ranging from settlement values to fraud, and propose
several novel prescriptions for reform. With special attention to
the emergence of modern mass litigation, the authors identify a
number of benefits to increasing access to information, including
decreased fraud, improved public understanding and confidence in
the system, and lower transactions costs. The authors make policy
recommendations-such as expanding access to existing databases and
using technology to create new databases-that increase transparency
while protecting the need for privacy.
RAND is conducting a longitudinal study that evaluates the
effectiveness of voluntary summer learning programs in reducing
summer learning loss, which contributes substantially to the
achievement gap between low- and higher-income students. Based on
evaluations of programs in six school districts, this second report
in a series provides research-based advice for school district
leaders as they create and strengthen summer programs.
What does it means to cultivate demand for the arts? Why is it
important and necessary to do so? What can state arts agencies and
other arts and education policymakers do to make it happen? The
authors set out a framework for thinking about supply and demand in
the arts and identify the roles that different factors,
particularly arts learning, play in increasing demand for the arts.
Initiatives to coordinate schools, cultural institutions,
community-based organizations, foundations, and/or government
agencies to promote access to arts education in and outside of
schools have recently developed. This study looks at the
collaboration efforts of six urban communities: how they started
and evolved, the kinds of organizations involved, conditions that
helped and that hindered coordination, and strategies used.It
examines the efforts of six communities to improve arts education
through coordination across multiple organizations, describing how
the efforts unfolded and documenting the common and unique benefits
and challenges of collaborative approaches.
This study offers a new framework for understanding how the arts
create private and public value, highlights the importance of the
arts' intrinsic benefits, and identifies how both instrumental and
intrinsic benefits are created. During the past decade, arts
advocates have relied on an instrumental approach to the benefits
of the arts in arguing for support of the arts. This report
evaluates these arguments and asserts that a new approach is
needed. This new approach offers a more comprehensive view of how
the arts create private and public value, underscores the
importance of the arts' intrinsic benefits, and links the creation
of benefits to arts involvement.
Assesses the impact of MICRA's limits on plaintiffs' awards and
attorneys' fees on final judgments in medical malpractice cases A
model for limits on trial awards and attorneys' fees in medical
malpractice cases is the Medical Injury Compensation Reform Act
(MICRA), a law enacted in California in 1975 in the hope of
controlling soaring medical malpractice insurance premiums and
ensuring the continuing availability of malpractice insurance.
MICRA caps awards for non-economic losses at USD250,000 and limits
plaintiffs' attorney fees. The authors examine the effects these
limits have on both plaintiffs' awards and defendants' liabilities.
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