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The health courts facade
Joanne Doroshow
Opponents of the civil justice system are touting health
courts—basically, arbitration panels for medical
malpractice claims—as an efficient alternative to
litigation. But the experience of states that have tried
health courts shows they’re a failure when it comes
to delivering justice and protecting patients.
Waging war through court rules
James E. Rooks Jr.
Neutral court rules—along with the right to trial
by jury and an independent judiciary—are among the
many “pillars” supporting the civil justice
system. Tort “reformers’” proposed amendments
to the federal court rules threaten to chip away at their
neutrality, weakening the justice system’s entire
structure and threatening catastrophic results.
When arbitration subverts democracy
Richard C. Reuben
Mandatory arbitration and the doctrine of separability
block injured consumers’ and employees’ access
to the courts and undermine the rule of law—a cornerstone
of American democracy.
Justice denied
Sometimes, even the strongest case, with the best clients
and the best lawyer, can’t prevail against unfair
laws or unjustifiably stubborn decision-makers. Three
lawyers remember cases when, despite their best efforts,
the courthouse door slammed shut on their clients.
Access to justice
Deborah L. Rhode
“Justice for all” is a noble ideal, but it
doesn’t reflect the sobering reality of our justice
system. Studies show that lower-income and middle-income
Americans have limited access to legal representation,
especially in criminal cases. The author calls on the
government and lawyers to expand their efforts to ensure
that “justice for all” is more than an empty
slogan. |
Features
The shocking truth about electrical
products
Carrie R. Frank and Anne M. Rhodes
Most people know the basics of using electricity safely.
What they may not know is that many ordinary electrical
products don’t have safety features needed to prevent
electrocution. When product manufacturers fail to provide
basic protections like proper warnings, circuitry, or
grounding systems, the result—too often—is deadly.
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News & Trends
Supreme Court weighs enforcement
of arbitration clause in “payday” loans
“No prior accidents” claim
does not prove safety, says Third Circuit
Federal agencies do not report malpractice
cases, study shows
N.Y. high court blocks claim of
secondhand asbestos exposure
Tasers continue to draw scrutiny
Companies deduct settlement payments
from taxes, GAO finds
Delaware high court says First Amendment
covers Internet postings
Supreme Court won’t put cell
phone cases on hold
Departments
President’s page
Making our message heard
Supreme Court review
A term to remember
Reflections
A call to protect human dignity
Hearsay
ATLA in motion
Constitutional challenge takes aim
at gun industry immunity
New projects set high bar for new
lawyers
New litigation resources focus on
injured-infant cases
Straight talk about vaccines
Update
Books
Interpreting State Constitutions:
A Jurisprudence of Function in a Federal System
by James A. Gardner
Experts in Court: Reconciling
Law, Science, and Professional Knowledge
by Bruce D. Sales
Classifieds
Lawyer Networking
Products & Services
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