The reasonable physician standard: the new malpractice standard of care?

We are in the midst of a tremendous, but essentially unacknowledged, shift in the standard applicable in medical malpractice cases across the United States. The author provides a preliminary survey of this fluid area of the law, and provides rationales for the changes. At the same time, it is not yet clear whether the net impact of these changes will be for the better or for the worse--particularly in light of the simultaneous increase in societal emphasis of cost-conscious care.     

Institutional design and legislative conflict: The Russian Supreme Soviet-a well-oiled machine, out of control

This article develops a comparative institutional framework for evaluating the new legislatures of the former Soviet Union, and demonstrates that the conventional wisdom about the Russian Federation Supreme Soviet is wrong. It was not a totalitarian, Soviet institution whose omnipotent and malevolent Chair singlehandedly dominated policy outputs and controlled the membership. Rather, the Supreme Soviet's non-partisan, committee-centered design enabled the committees to dominate the legislative process and to virtually exclude conflict, even on such objectively contentious legislative issues as the annual budget. However, the non-partisan design denied the legislature the mechanisms for controlling the Chair on non-legislative, political issues, particularly in relations with the executive branch. On legislative issues, the Supreme Soviet was a well-oiled machine, but on political issues it was out of control, thus leading to the legislature's demise. This article demonstrates the utility of an institutional framework for comparing post-communist legislatures, and the necessity of disaggregating legislative and political issues when evaluating legislative performance.