Regulating through information: disclosure laws and American health care

Efforts to reform the American health care system through direct government action have failed repeatedly. Nonetheless, an alternative strategy has emerged from these experiences: requiring insurance organizations and health care providers to disclose information to the public. In this Article, Professor Sage assesses the justifications for this type of regulation and its prospects. In particular, he identifies and analyzes four distinct rationales for disclosure. He finds that the most commonly articulated goal of mandatory disclosure laws--improving the efficiency of private purchasing decisions by giving purchasers complete information about price and quality--is the most complicated operationally. The other justifications--which he respectively terms the agency, performance, and democratic rationales--hold greater promise, but make different, sometimes conflicting assumptions about the sources and uses of information. These insights have implications not only for health care, but also for other regulated practices and industries.     

Estimating time of death of deer in Missouri; a comparison of three indicators

Estimation of time of death (TOD) of white-tailed deer is important to wildlife law enforcement officers. The purpose of this study was to develop and test a model for estimating TOD of white-tailed deer in Missouri. We compare the utility of carcass temperature, pupil diameter, and rigor mortis as TOD indicators. The effects of body size, ambient temperature, and various carcass handling methods on the estimate were also examined. Data were collected from 1484 deer during the 1995-96 and 1996-97 hunting seasons. Stepwise regression indicated that all three indicators were significant and that body size and ambient temperature could influence the model. Predictive equations were developed for various combinations of the indicators based on practicality and statistical probabilities. TOD was estimated for 28 animals where the exact TOD was known. There was no significant difference between the estimated and known TOD (p = 0.759) and the average of the absolute differences in 1 h and 28 min.     

Toward an understanding of the perception of hiv/aids-related risk among prison officers

One consequence of the drug war has been the incarceration of many offenders who pose a health risk to staff. This article presents an analytical framework to examine the factors that influence staffs' perceptions of the threat of infection. Four risk domains influence an officer's self-rated threat of exposure: (1) psychosocial factors, (2) HIV/AIDS-related knowledge, (3) perception of risk in the prison environment, and (4) risk reduction efforts. Officers with lower levels of education, those who worked with medium and maximum custody inmates, and those who had more high-risk encounters with inmates rated their chances for infection as high. Findings are discussed in light of their practical and theoretical applications.     

Juror Judgments in Civil Cases: Hindsight Effects on Judgments of Liability for Punitive Damages

An experiment was conducted to investigate whether hindsight bias influences an important class of legal decisions—civil jurors' judgments of liability for punitive damages. Jury-eligible citizens were shown a videotaped summary of the circumstances surrounding an environmental damage lawsuit. Some subjects were presented a foresight perspective and asked to judge whether or not a railroad should comply with an order to stop operations on a section of track that had been declared hazardous. Other subjects were asked to judge whether the railroad was liable for punitive damages after an accident occurred. Three independent variables were manipulated: temporal perspective with one third of the subjects assessing risks in foresight and two thirds assessing risks in hindsight; subject role with one half of the subjects asked to assume the role of a juror rendering a verdict and one half the role of a citizen whose personal opinion was solicited; and, in the hindsight conditions only, the amount of damage ($240,000 vs. $24,000,000) caused by the accident. Almost all measures of participants' judgments and thoughts about the case showed dramatic foresight–hindsight differences. The participants' role had an effect on some measures; for example, participants in the juror role exhibited slightly smaller hindsight effects when judging liability than did those in the citizen role. The magnitude of the damage caused by the accident had no effects on any measures.     

Validation of the Millon Clinical Multiaxial Inventory for Axis II Disorders: Does It Meet the Daubert Standard?

Law and Human Behavior - Relevant to forensic practice, the Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc. (1993) established the boundaries for the admissibility of scientific...     

Juror Judgments in Civil Cases: Effects of Plaintiff's Requests and Plaintiff's Identity on Punitive Damage Awards

Two experiments were conducted to study the manner in which civil jurors assess punitive damage awards. Jury-eligible citizens were shown a videotaped summary of an environmental damage lawsuit and told that the defendant had already paid compensatory damages. They were asked to judge liability for punitive damages and, if damages were to be assessed, to assign a dollar award. Three independent variables were manipulated in the case materials: the dollar amounts that were explicitly requested by the plaintiffs in their closing arguments to the jury, the geographical location of the defendant corporation, and the location of the lead plaintiff. Consistent with prior findings of anchor effects on judgments, we found that the plaintiffs requested award values had a dramatic effect on awards: the higher the request, the higher the awards. We also found that local plaintiffs were awarded more than were geographically remote plaintiffs, while the location of the defendant company did not have reliable effects on the awards. The implications of these results for procedures in civil trials and for theories of juror decision making are discussed.