Quality of health care and the role of relationships: bridging the medico-legal divide

This Article focuses on an often overlooked barrier to efforts to enhance the quality of health care: the relationship crisis that currently exists between physicians and patients. This state of affairs has resulted from the divide between the medical and legal worlds. The medical arena has understandably tended to view the doctor-patient relationship as a purely medical issue, ignoring the law's impact in generating and sustaining problematic relationship patterns. The legal world has yet to fully recognize this state of affairs, and the law's role in its evolution and persistence. We offer a relational approach to health-care law as a means of bridging the divide between the two disciplines. In the malpractice context, this would entail adopting a no-fault compensation scheme, which is committed to strengthening collaborative doctor-patient relations, enhancing patient safety and systemic learning, while providing adequate compensation.     

Disability,Rights, and the Construction of Sexuality in Tort Claims

This study empirically investigates how courts define sexuality of disabled persons in the absence of a formal right to sexuality. The focus of the study is tort law, a field ungoverned by direct disability rights legislation, assuming that tort law is the law of disablement as it concerns the transformative process of becoming disabled. The study investigates the types of damages courts have awarded for harm to sexual functioning, inquiring to whom and under what conditions have they been awarded. Additionally, it examines the discourse that characterizes each type of damages, and the legal, social, medical, and healthcare policy developments that have affected courts' rhetoric and reasoning. Our findings reveal shifting trends in scale, content, and inclusiveness of beneficiaries in terms of gender and age. Over time, courts have adopted a more hopeful and dynamic approach to disabled persons' sexuality while remaining within an individual‐medical framework. We suggest that these shifting trends can be linked to the slow diffusion of the social‐affirmative approach to disability, the limits of tort law as a field, and the role of healthcare policy in shaping the landscape of tort claims.     

Balancing regulatory controls and incentives: toward smarter and more transparent oversight in long-term care

Government oversight of long-term care involves inspections of patients' records, limited observations of patients and care practices, reviews of policies and procedures, and distribution of publicly available information. Although many providers bemoan the stifling consequences of excessive regulation, oversight in this area remains a highly legitimate endeavor for the public, though the public has limited trust in the existing regulatory regime. This distrust stems from many sources, not least of which includes considerable variation, both within and across states, in the way government oversight occurs. Reforming the current regulatory structure requires that we regulate "smarter" and more consistently. This means improving and maximizing use of the data already being collected, but it also means explicitly rationalizing the regulator's responsibility to review performance and apply sanctions when necessary. Oversight should more closely resemble consultancy, with regulators sharing information with providers about how to improve quality. Ideally, there needs to be an iterative process in which state inspectors identify performance problems and the nation's quality improvement organizations then help providers design quality improvement interventions to ameliorate the problems identified. The benefits of a revised regulatory approach are especially apparent in the aftermath of Hurricane Katrina, where more effective oversight would have identified nursing home residents at risk for low-quality care before the disaster occurred while better identifying those in need of evacuation or assistance afterward.     

The National Research Council’s Rankings of Doctoral Programs in Public Affairs

Using the National Research Council (NRC) data, this study aimed to answer two questions: What are the factors that contributed the most to the rankings of public affairs programs? Are there more specific patterns in the rankings of the doctoral programs in public affairs? The results indicate that faculty research productivity is the most important predictor of the rankings of the doctoral programs in the NRC dataset. The results of cluster analyses show that there are programs at large public universities, which are ranked highly and have highly diverse faculty and students.     

Faculty and Administration of Rutgers University School of Law at Camden, 1991–1992

Faculty and Administration of Rutgers University School of Law at Camden, 1991–1992     

Principal–Agent Analysis and Pathological Delegation: The (Almost) Untold Story

Principal–agent (PA) has come a long way since it was introduced to the political science sphere. Nowadays, PA has established itself as an institutional midrange theoretical framework that encompasses various methodological as well as theoretical approaches. This article argues, however, that scholars still assume, a priori, that the agent is an opportunistic and disloyal actor. This article seeks to question this theoretical assumption by demonstrating how principals could be as much problematic as their agents, a phenomenon that it terms “pathological delegation.” In so doing, it offers a first analysis of the small strand of the literature that examines problems embedded in the principals' side as well as provides new empirical evidence in the context of the European Neighbourhood Policy. Finally, the article posits that scholars should not treat pathological delegation as an anomaly but rather attempt to integrate, test, and develop new theoretical assumptions on this phenomenon.     

Group Segregation and Urban Violence

How does segregation shape intergroup violence in contested urban spaces? Should nominal rivals be kept separate or instead more closely integrated? We develop an empirically grounded agent‐based model to understand the sources and patterns of violence in urban areas, employing Jerusalem as a demonstration case and seeding our model with microlevel, geocoded data on settlement patterns. An optimal set of parameters is selected to best fit the observed spatial distribution of violence in the city, with the calibrated model used to assess how different levels of segregation, reflecting various proposed “virtual futures” for Jerusalem, would shape violence. Our results suggest that besides spatial proximity, social distance is key to explaining conflict over urban areas: arrangements conducive to reducing the extent of intergroup interactions—including localized segregation, limits on mobility and migration, partition, and differentiation of political authority—can be expected to dampen violence, although their effect depends decisively on social distance.