Numerous observers have expressed growing concerns regarding health care delivery, medical malpractice, and litigation against health care providers, although, for years, all fifty of the states have instituted and applied a broad spectrum of medical malpractice reforms while experimenting with various other measures. Some commentators believe that the health care delivery system is now experie...

There are two major European Courts, the European Court of Justice (ECJ) and the European Court of Human Rights (ECHR). The ECJ deals with legal matters, mainly involving the interpretation of EU law and ensuring that the law is applied evenly across all 27 EU member states. The ECHR aims to make certain that civil and political rights of citizens in the 46 member states of the Council of Europ...

Intercircuit splits occur when two or more circuits on the U.S. Courts of Appeals issue different legal rules about the same legal question. When this happens, federal law is applied differently in different parts of the country. Intercircuit splits are an indicator of legal non-uniformity, an impediment to lawyering and judging, and have real, practical consequences for American law. They are ...

Opinion 1/09 on the draft agreement for a unified patent litigation system reveals a degree of scepticism and distrust on part of the ECJ when it comes to the European Union’s international co-operation, especially its participation in international frameworks for dispute settlement. The Opinion not only made it far more complicated to achieve the aim of a unified patent litigation system in Eu...

This issues paper is concerned with ensuring the integrity of Australia’s e-court processes through the development of information protection standards and protocols. The integrity of the court process is important to the national interest because businesses and citizens depend on the certainty of court decisions, naturally assuming that their information and privacy is protected. This paper is...

Judges face retention elections in over a third of U.S. state courts of last resort and numerous lower courts. According to conventional wisdom, these elections engender judicial independence and decrease democratic accountability. We argue that in the context of modern judicial campaigns, retention elections create pressure for judges to cater to public opinion on “hot-button” issues that are ...

This Essay has two goals: one descriptive and one normative. Descriptively, it explicates the connection between interpretation of insurance contracts and the Insurer’s disclosure duty. Disclosure duties and interpretation rules constitute a two way street. The interpretation of insurance contracts by courts, ex post, influences the incentives of insurance companies to disclose information to c...