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- December 2, 2012 4:02 am Banned Children’s Toys We tend to think of dangerous children's toys as something from the past. But check out this list of...
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Monthly Archives: July 2011
July 28, 2011
Should Lawyers Need Law Licenses?
There’s a new book being published by the Brookings Institution think tank that is attracting a lot of attention in the blogosphere (see here, here and here). The book, authored by Clifford Winston, Robert Crandall and Vikram Maheresi is entitled “First Thing We Do, Let’s Deregulate All The Lawyers” and its premise is simple: you [...]
Posted in Uncategorized
July 25, 2011
The Casey Anthony Closing Arguments And “Temporal Variance”
This past week, over at Volokh Conspiracy, law professor Mitch Berman has been blogging about “temporal variance” in the enforcement of rules by referees and judges. The idea of “temporal variance” is well known to any sports fan, even if Berman’s phraseology is not. The idea is that, by unwritten consensus, different sets of rules [...]
Posted in Uncategorized
July 20, 2011
“Hot Coffee,” Jamie Leigh Jones And Why Mandatory Pre-Dispute Arbitration Is Still A Bad Idea For Consumers And Employees
Several weeks ago, I blogged about “Hot Coffee,” a new documentary airing on HBO, that exposes the radical ways in which tort reform advocates are taking Americans’ rights hostage, much to the obliviousness of the typical American. “Hot Coffee” focuses on four legal obstacles that tort reform has placed in the way of ordinary people. [...]
Posted in Tort Reform
July 18, 2011
My Own Review Of “Poisoned: The True Story Of The Deadly E. Coli Outbreak That Changed The Way Americans Eat”
So, following up on my blog post of a couple weeks ago, I finally got a chance to read “Poisoned: The True Story Of The E. Coli Outbreak That Changed The Way Americans Eat” by Jeff Benedict. “Poisoned” tells the story of Bill Marler’s lawsuits against Jack-in-the-Box for the 1993 E. Coli O157:H7 outbreaks at [...]
July 13, 2011
When Doctors Follow Evidence-Based Guidelines Only 54 Percent Of The Time, You Get A Lot Of Unnecessary Surgeries
In 2003, Dr. Elizabeth McGlynn and her coauthors published a blockbuster study in The New England Journal of Medicine showing that American doctors follow evidence-based guidelines only 54 percent of the time, meaning that when you receive medical treatment there’s a 50/50 chance that the treatment you’re receiving has no scientific validity to it. The [...]
Posted in Medical Malpractice
July 11, 2011
Link Roundup
Over 1,000 DePuy A.S.R. lawsuits have been filed against Johnson & Johnson. For the backstory on the defects with these artificial hips, click here and here. An entire issue of the Spine Journal is devoted to conflicts of interest in Medtronic-funded studies; furor may force Medtronic to sell off its spinal device business. Professor Bernabe [...]
Posted in Uncategorized
July 8, 2011
Replacing Intersections With Roundabouts Reduces Accidents Forty Percent
For years, traffic safety experts have been big boosters of the idea of replacing intersections with roundabouts (or as we call them here in Massachusetts “rotaries”). Now, as the BBC reports, the idea is finally catching on in America. For those of us whose first thought of a roundabout is Chevy Chase exclaiming, “Look kids, [...]
Posted in Car Accident, Car Crash, Motorcycle Accidents, Tort Reformers
July 6, 2011
It Is A Level Regulatory Playing Field
As The Pop Tort blog reminds us, the US Chamber of Commerce is once again banging the drum of how overregulation and American litigiousness are supposedly hurting businesses’ competitiveness. It’s a familiar refrain. We’ve heard it before from businesses large and small: if only the lawyers would get off our backs, we’d be world class [...]
Posted in Uncategorized
July 5, 2011
Tort Reform And Health Care Cost Control
Via Andrew Sullivan, a very interesting pie chart: It’s from research by economist Aaron Caroll, showing that states that have enacted caps on damages in medical malpractice cases haven’t reaped savings. This shouldn’t come as any surprise given that all of the costs associated with medical malpractice – from medical bills for the injured to [...]
Posted in Medical Malpractice
July 1, 2011
Forty Years And Medicine Still Has Not Changed
Today’s Los Angeles Times carries an op-ed co-authored by Dr. Lucian Leape of Harvard’s School of Public Health on the topic of resident fatigue. July marks the month that young doctors begin their residencies at teaching hospitals across the country. This month also marks the fortieth anniversary of a landmark article published in The New [...]
Posted in Medical Malpractice

