David A. Hyman

Georgetown University

Professor of Law

Washington, DC 20057

United States

SCHOLARLY PAPERS

69

DOWNLOADS
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26,107

CITATIONS
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Top 4,736

in Total Papers Citations

111

Scholarly Papers (69)

1.

Stability, Not Crisis: Medical Malpractice Claim Outcomes in Texas, 1988-2002

as published in 2 Journal of Empirical Legal Studies, pp. 207-259 (2005), Columbia Law and Economics Working Paper No. 287, U Illinois Law & Economics Research Paper No. LE05-002, U of Texas law, Law and Econ Research Paper No. 030
Number of pages: 54 Posted: 25 Oct 2005 Last Revised: 28 Jan 2015
Northwestern University - Pritzker School of Law, University of Texas at Austin - School of Law, Georgetown University and University of Texas at Austin School of Law
Downloads 1,977 (5,505)
Citation 17

Abstract:

2.

Why Did Law Professors Misunderestimate the Lawsuits against PPACA?

2014 University of Illinois Law Review 805, Illinois Public Law Research Paper No. 13-40, Illinois Program in Law, Behavior and Social Science Paper No. LBSS13-19
Number of pages: 34 Posted: 16 Apr 2013 Last Revised: 24 Jul 2014
David A. Hyman
Georgetown University
Downloads 1,390 (9,954)

Abstract:

constitutional law, health reform, PPACA

3.

Rescue Without Law: An Empirical Perspective on the Duty to Rescue

84 Texas Law Review 653, U Illinois Law & Economics Research Paper No. LE05-018
Number of pages: 85 Posted: 07 Sep 2005 Last Revised: 04 Dec 2015
David A. Hyman
Georgetown University
Downloads 1,158 (9,797)
Citation 3

Abstract:

4.

Employment-Based Health Insurance and Universal Coverage: Four Things People Know That Aren't So

U Illinois Law & Economics Research Paper No. LE09-010
Number of pages: 19 Posted: 22 Apr 2009
David A. Hyman
Georgetown University
Downloads 984 (16,975)

Abstract:

Health Insurance, Employment Based Coverage, Uninsured universal

5.

The Poor State of Health Care Quality in the U.S.: Is Malpractice Liability Part of the Problem or Part of the Solution?

U of Texas Law, Law and Econ Research Paper No. 038, U of Texas Public Law Research Paper No. 044, U of Maryland Legal Studies Research Paper No. 2004-08
Number of pages: 89 Posted: 25 Jan 2005
David A. Hyman and Charles Silver
Georgetown University and University of Texas at Austin - School of Law
Downloads 962 (17,482)
Citation 4

Abstract:

medical malpractice, patient safety, health care quality

6.

Does Tort Reform Affect Physician Supply? Evidence from Texas

nearly final version, published in International Review of Law and Economics, Vol. 42, 2015, pp. 203-218, Northwestern Law & Econ Research Paper 12-11, Illinois Program in Law, Behavior and Social Science Paper No. LBSS12-12, U of Texas Law, Law and Econ Research Paper No. 225
Number of pages: 16 Posted: 30 Apr 2012 Last Revised: 04 Dec 2015
Georgetown University, University of Texas at Austin - School of Law, Northwestern University - Pritzker School of Law and Hanyang University - College of Policy Science
Downloads 953 (13,687)

Abstract:

physician supply, malpractice, tort reform

7.

Health Insurance: Market Failure or Government Failure?

U Illinois Law & Economics Research Paper No. LE08-003
Number of pages: 13 Posted: 29 Jan 2008
David A. Hyman
Georgetown University
Downloads 934 (16,905)

Abstract:

health insurance, regulation, public choice, federalism

8.

Fixing Obamacare: The Virtues of Choice, Competition and Deregulation

68 NYU Annual Survey of American Law 493-537 (2013), U of Chicago Law & Economics, Olin Working Paper No. 418, U Illinois Law & Economics Research Paper No. LE08-023
Number of pages: 46 Posted: 16 Jul 2008 Last Revised: 30 Dec 2013
Richard A. Epstein and David A. Hyman
New York University School of Law and Georgetown University
Downloads 910 (16,499)

Abstract:

health reform, Obamacare, deregulation

9.

Medical Malpractice Litigation and Tort Reform: It's the Incentives, Stupid

Vanderbilt Law Review, Vol. 59, p. 1085, 2006
Number of pages: 52 Posted: 07 Nov 2006
David A. Hyman and Charles Silver
Georgetown University and University of Texas at Austin - School of Law
Downloads 878 (15,274)
Citation 5

Abstract:

malpractice, tort reform

Will Tort Reform Bend the Cost Curve? Evidence from Texas

as published in Journal of Empirical Legal Studies, vol. 9, pp. 173-216 (2012), Northwestern Law & Econ Research Paper No. 10-17, University of Illinois Law & Economics Research Paper No. LE10-013, U of Texas Law, Law and Econ Research Paper No. 188
Number of pages: 46 Posted: 17 Jul 2010 Last Revised: 09 Nov 2013
Hanyang University - College of Policy Science, Northwestern University - Pritzker School of Law, Georgetown University and University of Texas at Austin - School of Law
Downloads 819 (22,793)
Citation 1

Abstract:

defensive medicine, medical malpractice risk, tort reform

Will Tort Reform Bend the Cost Curve? Evidence from Texas

Journal of Empirical Legal Studies, Vol. 9, Issue 2, pp. 173-216, 2012
Number of pages: 44 Posted: 09 May 2012
Myungho Paik, Bernard S. Black and David A. Hyman
Hanyang University - College of Policy Science, Northwestern University - Pritzker School of Law and Georgetown University
Downloads 1 (575,460)
Citation 1
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Abstract:

Medical Malpractice Litigation and the Market for Plaintiff-Side Representation: Evidence from Illinois

Illinois Program in Law, Behavior and Social Science Paper No. LBSS 14-14, Northwestern Law & Econ Research Paper No. 13-31, U of Texas Law, Law and Econ Research Paper No. 536
Number of pages: 35 Posted: 23 Jul 2014 Last Revised: 13 Jul 2016
Georgetown University, Sharif University of Technology, Northwestern University - Pritzker School of Law and University of Texas at Austin - School of Law
Downloads 765 (25,163)

Abstract:

med mal, personal injury, litigation, success rates, propensity score

Medical Malpractice Litigation and the Market for Plaintiff‐Side Representation: Evidence from Illinois

Journal of Empirical Legal Studies, Vol. 13, Issue 4, pp. 603-636, 2016
Number of pages: 34 Posted: 18 Nov 2016
Georgetown University, Sharif University of Technology, Northwestern University - Pritzker School of Law and University of Texas at Austin - School of Law
Downloads 0
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Abstract:

12.

Estimating the Effect of Damages Caps in Medical Malpractice Cases: Evidence from Texas

The Journal of Legal Analysis, Vol. 1, No. 1, pp. 355-409, 2009, U Illinois Law & Economics Research Paper No. 07-16, U of Texas Law, Law and Econ Research Paper No. 106, 2nd Annual Conference on Empirical Legal Studies Paper
Number of pages: 56 Posted: 26 Feb 2009 Last Revised: 24 Dec 2009
Georgetown University, Northwestern University - Pritzker School of Law, University of Texas at Austin - School of Law and University of Texas at Austin School of Law
Downloads 683 (29,949)
Citation 8

Abstract:

damages caps, medical malpractice, texas, settlements

Defense Costs and Insurer Reserves in Medical Malpractice and Other Personal Injury Cases: Evidence from Texas, 1988-2004

U Illinois Law & Economics Research Paper No. LE07-012, U of Texas Law, Law and Econ Research Paper No. 99, American Law and Economics Review, Vol. 10, pp. 185-245, 2008
Number of pages: 49 Posted: 17 Apr 2008 Last Revised: 22 Apr 2010
Northwestern University - Pritzker School of Law, Georgetown University, University of Texas at Austin - School of Law and University of Texas at Austin School of Law
Downloads 580 (36,752)
Citation 10

Abstract:

defense costs, litigation, torts, medical malpractice, insurance

Defense Costs and Insurer Reserves in Medical Malpractice and Other Personal Injury Cases: Evidence from Texas, 1988-2004

American Law and Economics Review, Vol. 10, Issue 2, pp. 185-245, 2008
Posted: 31 Dec 2008
Northwestern University - Pritzker School of Law, Georgetown University, University of Texas at Austin - School of Law and University of Texas at Austin School of Law

Abstract:

K13, K32, K41

14.

Trademarks as Search Engine Keywords: Much Ado About Something?

Harvard Journal of Law and Technology, Vol. 26, Number 2, 2013, Illinois Program in Law, Behavior and Social Science Paper No. LBSS12-15 , Univ. of San Francisco Law Research Paper No. 2012-20, 7th Annual Conference on Empirical Legal Studies Paper
Number of pages: 66 Posted: 07 Sep 2012 Last Revised: 28 Jan 2014
David J. Franklyn and David A. Hyman
University of San Francisco School of Law and Georgetown University
Downloads 556 (29,247)

Abstract:

trademark keywords, infringement internet, search engine

15.

Employment-Based Health Insurance: Is Health Reform a ‘Game Changer?’

U Illinois Law & Economics Research Paper No. LE10-010, Illinois Public Law Research Paper No. 10-17
Number of pages: 21 Posted: 16 Jun 2010 Last Revised: 12 Mar 2011
David A. Hyman
Georgetown University
Downloads 523 (41,144)
Citation 1

Abstract:

health insurance, reform, employment-based coverage

16.

Physicians' Insurance Limits and Malpractice Payments: Evidence from Texas Closed Claims, 1990-2003

Journal of Legal Studies, pp. s9-s45, 2008, Georgetown Law and Economics Research Paper No. 981192, NYU Law and Economics Research Paper No. 07-16, U Illinois Law & Economics Research Paper No. LE07-008, U of Texas Law, Law and Econ Research Paper No. 67
Number of pages: 45 Posted: 20 Apr 2007 Last Revised: 21 Mar 2008
Boston University - School of Law, Northwestern University - Pritzker School of Law, University of Texas at Austin - School of Law, Georgetown University and University of Texas at Austin School of Law
Downloads 483 (44,818)
Citation 17

Abstract:

medical malpractice, insurance, liability

17.

The Impact of the 2003 Texas Medical Malpractice Damages Cap on Physician Supply and Insurer Payouts: Separating Facts from Rhetoric

as published in Texas Advocate, pp. 25-34, Fall 2008, U of Texas Law, Law and Econ Research Paper No. 134, U Illinois Law & Economics Research Paper No. LE08-028
Number of pages: 11 Posted: 19 Aug 2008 Last Revised: 30 Dec 2008
Charles Silver, David A. Hyman and Bernard S. Black
University of Texas at Austin - School of Law, Georgetown University and Northwestern University - Pritzker School of Law
Downloads 457 (45,521)

Abstract:

medical malpractice, tort reform, physician supply, damage caps

18.

Valuing Health Care: Improving Productivity and Quality

Number of pages: 64 Posted: 20 Apr 2012
Stanford University - Department of Economics, University of Wisconsin - Madison - Department of Economics, New America Foundation, Duke University - School of Medicine, Arizona State University (ASU), Ewing Marion Kauffman Foundation, Drug Discovery Center of Innovation, Sage Bionetworks, Manhattan Institute for Policy Research, University of Pennsylvania - Wharton School, Georgetown University, Cato Institute, Council on Foreign Relations (CFR) - Council on Foreign Relations- Washington D.C., Dr. Susan Love Research Foundation, EGL Advisors/The Ludy Family Foundation, Ewing Marion Kauffman Foundation, Harvard University - Department of Health Policy & Management, Novartis Pharmaceutical Corporation - Novartis Oncology, Arizona State University, Mayo Clinic Center for Individualized Medicine, Yale University - Law School, Duke University School of Law, Brookings Institution, Duke University - School of Law, Syracuse University, Yale University - Law School, Pfizer, Inc., West Wireless Health Institute, Ewing Marion Kauffman Foundation, Ewing Marion Kauffman Foundation and Ewing Marion Kauffman Foundation
Downloads 452 (44,186)

Abstract:

health care, health, policy, productivity, regulation

The Massachusetts Health Plan: The Good, the Bad, and the Ugly

Kansas Law Review, Forthcoming, U Illinois Law & Economics Research Paper No. LE07-006
Number of pages: 16 Posted: 01 Mar 2007
David A. Hyman
Georgetown University
Downloads 234 (107,916)

Abstract:

health, insurance

The Massachusetts Health Plan: The Good, the Bad, and the Ugly

Cato Institute Policy Analysis Paper No. 595
Number of pages: 12 Posted: 16 Oct 2007 Last Revised: 10 Feb 2013
David A. Hyman
Georgetown University
Downloads 208 (121,405)

Abstract:

U.S. healthcare system, Massachusetts health insurance, Mitt Romney, free market, universal health insurane coverage, federalism, Medicare, health care reform, health insurance, individual mandate

20.

Do Defendants Pay What Juries Award? Post-Verdict Haircuts in Texas Medical Malpractice Cases, 1988-2003

as published in 4 Journal of Empirical Legal Studies, pp. 3-68 (2007), U Illinois Law & Economics Research Paper No. LE06-028, U of Texas Law, Law and Economics Research Paper No. 68, 1st Annual Conference on Empirical Legal Studies
Number of pages: 66 Posted: 06 Jul 2006 Last Revised: 28 Jan 2015
Georgetown University, Northwestern University - Pritzker School of Law, Boston University - School of Law, University of Texas at Austin - School of Law and University of Texas at Austin School of Law
Downloads 424 (51,676)
Citation 19

Abstract:

Jury verdict, malpractice, payout, haircut

21.

The Receding Tide of Medical Malpractice Litigation Part 1: National Trends

as published in 10 Journal of Empirical Legal Studies, pp. 612-638 (2013), Northwestern Law & Econ Research Paper No. 12-18, Illinois Program in Law, Behavior and Social Science Paper No. LBSS12-13, 7th Annual Conference on Empirical Legal Studies Paper, Illinois Public Law Research Paper No. 13-55
Number of pages: 27 Posted: 16 Jul 2012 Last Revised: 28 Jan 2015
Myungho Paik, Bernard S. Black and David A. Hyman
Hanyang University - College of Policy Science, Northwestern University - Pritzker School of Law and Georgetown University
Downloads 417 (49,056)

Abstract:

medical malpractice, tort reform, damage caps

22.

Competition Agency Design: What's on the Menu?

GWU Legal Studies Research Paper No. 2012-135, GWU Law School Public Law Research Paper No. 2012-135, Illinois Public Law Research Paper No. 13-26
Number of pages: 16 Posted: 21 Nov 2012 Last Revised: 03 Nov 2014
William E. Kovacic and David A. Hyman
George Washington University - Law School and Georgetown University
Downloads 395 (40,545)

Abstract:

competition agency, institutional design

23.

Competition Agencies with Complex Policy Portfolios: Divide or Conquer?

Illinois Program in Law, Behavior and Social Science Paper No. LE12-14, GWU Legal Studies Research Paper No. 2012-70, GWU Law School Public Law Research Paper No. 2012-70
Number of pages: 67 Posted: 17 Jul 2012 Last Revised: 03 Nov 2014
David A. Hyman and William E. Kovacic
Georgetown University and George Washington University - Law School
Downloads 345 (57,404)
Citation 1

Abstract:

agency design, reorganization, bureaucracy, antitrust, competition law

24.

Search Bias and the Limits of Antitrust: An Empirical Perspective on Remedies

Illinois Program in Law, Behavior and Social Science Paper No. LE13-24, Univ. of San Francisco Law Research Paper No. 2013-15
Number of pages: 42 Posted: 09 May 2013 Last Revised: 30 Jul 2015
David A. Hyman and David J. Franklyn
Georgetown University and University of San Francisco School of Law
Downloads 319 (50,399)

Abstract:

search engine, search bias, Internet, Google

25.

Malpractice Payouts and Malpractice Insurance: Evidence from Texas Closed Claims, 1990-2003

Geneva Papers on Risk and Insurance, Vol. 33, pp. 177-192, 2008, Georgetown Law and Economics Research Paper No. 983199, U Illinois Law & Economics Research Paper No. LE07-016, U of Texas Law, Law and Econ Research Paper No. 102
Number of pages: 16 Posted: 02 Jun 2007 Last Revised: 28 Apr 2008
University of Texas at Austin - School of Law, Northwestern University - Pritzker School of Law, Boston University - School of Law, Georgetown University and University of Texas at Austin School of Law
Downloads 302 (78,526)
Citation 10

Abstract:

liability insurance, claims analysis, medical malpractice, insurance policy limits

26.

How Do the Elderly Fare in Medical Malpractice Litigation, Before and After Tort Reform? Evidence from Texas

American Law and Economics Review, Forthcoming 2012, Northwestern Law & Econ Research Paper No. 09-24, U Illinois Law & Economics Research Paper No. LE09-009, U of Texas Law, Law and Econ Research Paper No. 137
Number of pages: 31 Posted: 16 May 2010 Last Revised: 13 May 2012
Hanyang University - College of Policy Science, Northwestern University - Pritzker School of Law, Georgetown University, University of Texas at Austin School of Law and University of Texas at Austin - School of Law
Downloads 288 (74,850)
Citation 1

Abstract:

Elderly, Malpractice, Claiming, Tort Reform

Settlement at Policy Limits and the Duty to Settle: Evidence From Texas

U Illinois Law & Economics Research Paper LE09-002, Northwestern Law & Econ Research Paper No. 09-16, U of Texas Law, Law and Econ Research Paper No. 142, CELS 2009 4th Annual Conference on Empirical Legal Studies Paper
Number of pages: 38 Posted: 24 May 2008 Last Revised: 26 Jul 2010
David A. Hyman, Bernard S. Black and Charles Silver
Georgetown University, Northwestern University - Pritzker School of Law and University of Texas at Austin - School of Law
Downloads 276 (90,649)
Citation 4

Abstract:

at-limits offer, medical malpractice settlement, tort reform, bad faith

Settlement at Policy Limits and the Duty to Settle: Evidence from Texas

Journal of Empirical Legal Studies, Vol. 8, Issue 1, pp. 48-84, 2011
Number of pages: 37 Posted: 14 Mar 2011
David A. Hyman, Bernard S. Black and Charles Silver
Georgetown University, Northwestern University - Pritzker School of Law and University of Texas at Austin - School of Law
Downloads 4 (550,934)
Citation 4
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Abstract:

28.

Health Care Fraud and Abuse: Market Change, Social Norms, and the 'Trust Reposed in the Workmen'

Journal of Legal Studies, Vol. 30, 2001
Number of pages: 37 Posted: 09 Oct 2001
David A. Hyman
Georgetown University
Downloads 272 (81,088)
Citation 4

Abstract:

29.

Health Care Fragmentation: We Get What We Pay For

U Illinois Law & Economics Research Paper No. LE09-012
Number of pages: 14 Posted: 13 Apr 2009 Last Revised: 30 Apr 2009
David A. Hyman
Georgetown University
Downloads 256 (92,224)

Abstract:

Fragmentation, health, delivery, payment, p4p, coordination, bundled

Going Native: Can Consumers Recognize Native Advertising? Does it Matter?

University of Illinois College of Law Legal Studies Research Paper No. 16-32
Number of pages: 33 Posted: 02 Aug 2016 Last Revised: 18 May 2017
Georgetown University, University of San Francisco School of Law, Independent and Sharif University of Technology
Downloads 180 (139,318)

Abstract:

native advertising, FTC, deception, advertorial

Going Native: Can Consumers Recognize Native Advertising? Does it Matter?

19 Yale J.L. & Tech. 77 (2017), Univ. of San Francisco Law Research Paper
Number of pages: 36 Posted: 25 Apr 2017
Georgetown University, University of San Francisco School of Law, Independent and Sharif University of Technology
Downloads 73 (274,139)

Abstract:

Native advertising, news, editorials, content, deception, deceptive, advertising, consumer

31.

Combating Antimicrobial Resistance: Regulatory Strategies and Institutional Capacity

U of Texas Law, Law and Econ Research Paper No. 154, U Illinois Law & Economics Research Paper No. LE09-013
Number of pages: 38 Posted: 22 Jul 2009
William M. Sage and David A. Hyman
University of Texas at Austin School of Law and Georgetown University
Downloads 242 (97,475)

Abstract:

Antibiotic, antimicrobial, resistance, regulatory theory, regulation

32.

Damage Caps and Defensive Medicine, Revisited

Journal of Health Economics, 2017, vol. 51, pp. 84-97, Northwestern Law & Econ Research Paper No. 13-20, Illinois Program in Law, Behavior and Social Science Paper No. LBSS14-21
Number of pages: 33 Posted: 18 Jul 2012 Last Revised: 20 Jan 2017
Myungho Paik, Bernard S. Black and David A. Hyman
Hanyang University - College of Policy Science, Northwestern University - Pritzker School of Law and Georgetown University
Downloads 231 (64,071)

Abstract:

medical malpractice, tort reform, defensive medicine, Medicare, healthcare spending

33.

PPACA in Theory and Practice: The Perils of Parallelism

Virginia Law Review, Forthcoming, Illinois Program in Law, Behavior and Social Science Paper No. LBSS11-20
Number of pages: 20 Posted: 02 May 2011 Last Revised: 10 Sep 2011
David A. Hyman
Georgetown University
Downloads 231 (107,470)

Abstract:

PPACA, health reform, dumping, employer health insurance

34.

Follow the Money: Money Matters in Health Care - Just Like in Everything Else

U Illinois Law & Economics Research Paper No. LE10-008
Number of pages: 19 Posted: 13 May 2010 Last Revised: 01 May 2011
David A. Hyman
Georgetown University
Downloads 192 (107,470)

Abstract:

health reform, incentives, payment, delivery system, health care

35.

The Receding Tide of Medical Malpractice Litigation Part 2: Effect of Damage Caps

as published in 10 Journal of Empirical Legal Studies, pp. 939-669 (2013), Northwestern Law & Econ Research Paper No. 13-24, Illinois Program in Law, Behavior and Social Science Paper No. LBSS14-02, Illinois Public Law Research Paper No. 13-56
Number of pages: 31 Posted: 10 Jul 2013 Last Revised: 28 Jan 2015
Myungho Paik, Bernard S. Black and David A. Hyman
Hanyang University - College of Policy Science, Northwestern University - Pritzker School of Law and Georgetown University
Downloads 187 (111,187)

Abstract:

medical malpractice, damage caps

36.

Institutional Review Boards: Is this the Least Worst We Can Do?

Northwestern Law Review, Vol. 101, 2007, U Illinois Law & Economics Research Paper No. LE06-024
Number of pages: 34 Posted: 07 Nov 2006
David A. Hyman
Georgetown University
Downloads 186 (125,761)
Citation 1

Abstract:

37.

The Effects of 'Early Offers' in Medical Malpractice Cases: Evidence from Texas

as published in 6 Journal of Empirical Legal Studies, pp. 723-767 (2009), Empirical Legal Studies Conferences, 3rd Annual Conference on Empirical Legal Studies (2008), Northwestern Law & Economics Research Paper No. 09-15, University of Illinois Law & Economics Research LE08-014, University of Texas Law, Law and Econ Research Paper No. 130
Number of pages: 45 Posted: 30 Jul 2009 Last Revised: 28 Jan 2015
Bernard S. Black, David A. Hyman and Charles Silver
Northwestern University - Pritzker School of Law, Georgetown University and University of Texas at Austin - School of Law
Downloads 176 (131,842)
Citation 3

Abstract:

litigation, settlement, early offers, medical malpractice, torts

38.

Do Health Reform and Malpractice Reform Fit Together?

U of Texas Law, Law and Econ Research Paper No. 203, Illinois Program in Law, Behavior and Social Science Paper No. LBSS11-13
Number of pages: 26 Posted: 28 Mar 2011 Last Revised: 12 Jul 2014
William M. Sage and David A. Hyman
University of Texas at Austin School of Law and Georgetown University
Downloads 174 (138,009)
Citation 1

Abstract:

Malpractice, PPACA, Health Reform, Tort Reform

39.

Getting the Haves to Come Out Behind: Fixing the Distributive Injustices of American Health Care

Law and Contemporary Problems, Vol. 69, pp. 265-282, 2006, U Illinois Law & Economics Research Paper No. LE07-10
Number of pages: 20 Posted: 26 Mar 2007
David A. Hyman
Georgetown University
Downloads 169 (143,643)

Abstract:

40.

Why Who Does What Matters: Governmental Design, Agency Performance, the CFPB and PPACA

Illinois Program in Law, Behavior and Social Science Paper No. LBSS14-11, GWU Law School Public Law Research Paper No. 2014-2, GWU Legal Studies Research Paper No. 2014-2
Number of pages: 67 Posted: 07 Feb 2014 Last Revised: 03 Nov 2014
David A. Hyman and William E. Kovacic
Georgetown University and George Washington University - Law School
Downloads 164 (122,327)

Abstract:

governmental design, agency, CFPB, PPACA, implementation

41.

Double, Double Toil and Trouble: Justice-Talk and the Future of Medical Malpractice Litigation

DePaul Law Review, Vol. 63, 2014, Illinois Program in Law, Behavior and Social Science Paper No. LBSS14-37, U of Texas Law, Law and Econ Research Paper No. E557
Number of pages: 14 Posted: 13 Jul 2014
David A. Hyman and Charles Silver
Georgetown University and University of Texas at Austin - School of Law
Downloads 139 (153,007)

Abstract:

medical malpractice, tort reform, access to justice

42.

Speak Not of Error

Regulation, Vol. 28, No. 1, pp. 52-57, Spring 2005
Number of pages: 6 Posted: 27 Sep 2005 Last Revised: 08 Oct 2007
David A. Hyman and Charles Silver
Georgetown University and University of Texas at Austin - School of Law
Downloads 136 (170,113)

Abstract:

malpractice, malpractice liability, physicians, medical errors, health care, sanctions

43.

The Economics of Plaintiff-Side Personal Injury Practice

Northwestern Law & Econ Research Paper No. 13-22, U of Texas Law, Law and Econ Research Paper No. 512, Illinois Program in Law, Behavior and Social Science Paper No. LBSS13-28
Number of pages: 42 Posted: 04 Aug 2009 Last Revised: 12 Sep 2015
David A. Hyman, Bernard S. Black and Charles Silver
Georgetown University, Northwestern University - Pritzker School of Law and University of Texas at Austin - School of Law
Downloads 134 (132,535)

Abstract:

contingency fee, personal injury, medical malpractice, tort reform

44.

The Pathologies of Institutional Review Boards

Regulation, Vol. 30, No. 2, pp. 42-49, Summer 2007
Number of pages: 8 Posted: 18 Jul 2007
David A. Hyman
Georgetown University
Downloads 131 (167,287)

Abstract:

the pathologies of instititional review boards, david a. hyman, federal regulations, IRB, institutional review boards, research, human subjects, federal funding, risks, benefits, criticism, marginal cost, marginal benefit, asymmetry, performance, judicial oversight

45.

Public Reporting of Hospital Infection Rates: Ranking the States on Report and Website Content, Credibility, and Usability

as published in 183 Studies in Health Technology and Information 87-92 (2013) (Proceedings of 2013 Conference on Information Technology and Communications in Health), Northwestern Law & Econ Research Paper No. 12-21, Northwestern University, Institute for Policy Research Working Paper No. 13-06, Illinois Program in Law, Behavior and Social Science Paper No. LE13-22
Number of pages: 6 Posted: 18 Feb 2013 Last Revised: 22 Nov 2014
Northwestern University - Pritzker School of Law, University of British Columbia (UBC), Northwestern University - Pritzker School of Law and Georgetown University
Downloads 115 (161,589)

Abstract:

46.

Constitutional Prognostication: Does Anybody Know Anything?

University of Illinois Law Review, Forthcoming, Illinois Program in Law, Behavior and Social Science Paper No. LBSS14-41, Illinois Public Law Research Paper No. 14-46
Number of pages: 15 Posted: 06 Aug 2014 Last Revised: 23 Sep 2014
David A. Hyman
Georgetown University
Downloads 106 (196,639)

Abstract:

constitutional law, health reform, PPACA

Insurance Crisis or Liability Crisis? Medical Malpractice Claiming in Illinois, 1980-2010

Northwestern Law & Econ Research Paper No. 13-29, U of Texas Law, Law and Econ Research Paper No. E524, Illinois Program in Law, Behavior and Social Science Paper No. LBSS 14-12
Number of pages: 24 Posted: 23 Jul 2014 Last Revised: 28 May 2016
Sharif University of Technology, Georgetown University, Northwestern University - Pritzker School of Law and University of Texas at Austin - School of Law
Downloads 105 (216,620)

Abstract:

medical malpractice, closed claims, tort reform, malpractice crisis

Insurance Crisis or Liability Crisis? Medical Malpractice Claiming in Illinois, 1980–2010

Journal of Empirical Legal Studies, Vol. 13, Issue 2, pp. 183-204, 2016
Number of pages: 22 Posted: 12 May 2016
Sharif University of Technology, Georgetown University, Northwestern University - Pritzker School of Law and University of Texas at Austin - School of Law
Downloads 0
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Abstract:

48.

Trademarks as Search Engine Keywords: Who, What, When?

Texas Law Review, Vol. 92, 2014, Illinois Program in Law, Behavior and Social Science Paper No. LBSS14-22, Univ. of San Francisco Law Research Paper
Number of pages: 34 Posted: 13 Jul 2014
David A. Hyman and David J. Franklyn
Georgetown University and University of San Francisco School of Law
Downloads 103 (153,007)

Abstract:

trademarks, keywords, likelihood of confusion, trademark infringement

49.

O’Connell Early Settlement Offers: Toward Realistic Numbers and Two-Sided Offers

as published in Journal of Empirical Legal Studies, Vol. 7, pp. 379-401, 2010, Northwestern Law & Econ Research Paper No. 09-41, U Illinois Law & Economics Research Paper No. LE09-029, U of Texas Law, Law and Econ Research Paper No. 171
Number of pages: 23 Posted: 09 Feb 2010 Last Revised: 28 Jan 2015
Bernard S. Black, David A. Hyman and Charles Silver
Northwestern University - Pritzker School of Law, Georgetown University and University of Texas at Austin - School of Law
Downloads 96 (202,949)

Abstract:

early offer, medical malpractice, settlement, tort reform

50.

If Professions are Just 'Cartels by Another Name,' What Should We Do About it?

University of Pennsylvania Law Review, 2014, University of Illinois College of Law Legal Studies Research Paper No. 15-06
Number of pages: 21 Posted: 22 Oct 2014
David A. Hyman and Shirley Svorny
Georgetown University and California State University, Northridge - College of Business & Economics
Downloads 94 (201,673)

Abstract:

antitrust, state action, FTC, occupational licensing, anticompetitive

51.

Convicts and Convictions: Some Lessons from Transportation for Health Reform

University of Pennsylvania Law Review, Vol. 159, p. 101, 2011, Illinois Program in Law, Behavior and Social Science Paper, No. LBSS11-21
Number of pages: 45 Posted: 16 Jun 2011 Last Revised: 12 Sep 2011
David A. Hyman
Georgetown University
Downloads 90 (221,413)

Abstract:

Health reform, PPACA, incentives, institutions

52.

Damage Caps and the Labor Supply of Physicians: Evidence from the Third Reform Wave

nearly final version, published in 18 American Law and Economics Review 463-505 (2016), Northwestern Law & Econ Research Paper No. 14-11, Illinois Program in Law, Behavior and Social Science Paper No. 14-36
Number of pages: 36 Posted: 23 Jul 2014 Last Revised: 14 Oct 2016
Myungho Paik, Bernard S. Black and David A. Hyman
Hanyang University - College of Policy Science, Northwestern University - Pritzker School of Law and Georgetown University
Downloads 71 (147,505)

Abstract:

medical malpractice, tort reform, physician supply

53.

Public Reporting of Hospital Infection Rates: Not All Change is Progress

Jurimetrics, Forthcoming, Northwestern Law & Econ Research Paper No. 12-21, Northwestern University, Institute for Policy Research Working Paper 13-07, Illinois Program in Law, Behavior and Social Science Paper No. LE13-18
Number of pages: 13 Posted: 18 Feb 2013
David A. Hyman and Bernard S. Black
Downloads 59 (267,322)

Abstract:

infections, HAIs, public reporting, usability

54.

In Medicine, Money Matters

Regulation, p. 40, Winter 2010-2011
Number of pages: 6 Posted: 22 Jan 2011 Last Revised: 25 Jan 2011
David A. Hyman
Georgetown University
Downloads 46 (331,705)

Abstract:

55.

O'Connell Early Settlement Offers: Toward Realistic Numbers and Two-Sided Offers

Journal of Empirical Legal Studies, Vol. 7, Issue 2, pp. 379-401, June 2010
Number of pages: 23 Posted: 17 May 2010
Bernard S. Black, David A. Hyman and Charles Silver
Northwestern University - Pritzker School of Law, Georgetown University and University of Texas at Austin - School of Law
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56.

The Receding Tide of Medical Malpractice Litigation: Part 1—National Trends

Journal of Empirical Legal Studies, Vol. 10, Issue 4, pp. 612-638, 2013
Number of pages: 27 Posted: 24 Oct 2013
Myungho Paik, Bernard S. Black and David A. Hyman
Hanyang University - College of Policy Science, Northwestern University - Pritzker School of Law and Georgetown University
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57.

Online Appendix for Screening Plaintiffs and Selecting Defendants in Medical Malpractice Litigation: Evidence from Illinois and Indiana

Number of pages: 7 Posted: 02 Aug 2017
Sharif University of Technology, Georgetown University, Northwestern University - Pritzker School of Law, University of Illinois College of Law and University of Texas at Austin - School of Law
Downloads 0 (516,999)

Abstract:

medical malpractice, success rate, frivolous litigation

58.

Risky Business: Should the FDA Pay Attention to Pharmaceutical Prices?

GWU Law School Public Law Research Paper No. 2017-37, GWU Legal Studies Research Paper No. 2017-37
Number of pages: 11 Posted: 18 May 2017 Last Revised: 14 Jun 2017
David A. Hyman and William E. Kovacic
Georgetown University and George Washington University - Law School
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Abstract:

FDA, drug pricing, drug quality, drug safety, generic drugs

59.

Forward to Economics of Health Law (Economic Approaches to Law Series)

U of Texas Law, Law and Econ Research Paper No. 568
Number of pages: 36 Posted: 24 Apr 2017
Ronen Avraham, David A. Hyman and Charles Silver
University of Texas at Austin - School of Law, Georgetown University and University of Texas at Austin - School of Law
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Abstract:

60.

The Affordable Care Act: Moving Forward in the Coming Years

JAMA. Published online November 28, 2016, DOI: 10.1001/jama.2016.18908, University of Illinois College of Law Legal Studies Research Paper No. 17-07
Posted: 14 Dec 2016 Last Revised: 20 Dec 2016
Georgetown University - Law Center - O'Neill Institute for National and Global Health Law, Georgetown University and University of Michigan School of Public Health

Abstract:

61.

Policy Limits, Payouts, and Blood Money: Medical Malpractice Settlements in the Shadow of Insurance

5 UC Irvine Law Review 559-586 (2015), Northwestern Law & Econ Research Paper No. 16-20, University of Texas School of Law Paper No. 567
Number of pages: 29 Posted: 22 Sep 2016 Last Revised: 16 Dec 2016
University of Texas at Austin - School of Law, Georgetown University, Northwestern University - Pritzker School of Law and Hanyang University - College of Policy Science
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Abstract:

Blood Money, Policy Limits, Med Mal, Personal Exposure

62.

Online Appendix to Accompany Paik, Black, and Hyman, Damage Caps and the Labor Supply of Physicians: Evidence from the Third Reform Wave

Number of pages: 18 Posted: 29 Aug 2016 Last Revised: 24 Oct 2016
Myungho Paik, Bernard S. Black and David A. Hyman
Hanyang University - College of Policy Science, Northwestern University - Pritzker School of Law and Georgetown University
Downloads 0 (477,445)

Abstract:

medical malpractice, tort reform, defensive medicine

63.

Online Appendix for Damage Caps and Defensive Medicine, Revisited

Number of pages: 15 Posted: 29 Aug 2016 Last Revised: 09 Nov 2016
Myungho Paik, Bernard S. Black and David A. Hyman
Hanyang University - College of Policy Science, Northwestern University - Pritzker School of Law and Georgetown University
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Abstract:

medical malpractice, tort reform, defensive medicine, Medicare, healthcare spending

64.

Health Care Competition Law in the Shadow of State Action: Minimizing MACs

University of Illinois College of Law Legal Studies Research Paper No. 16-31, GWU Law School Public Law Research Paper No. 2016-42, GWU Legal Studies Research Paper No. 2016-42, King's College London Law School Research Paper No. 2016-42
Number of pages: 27 Posted: 27 Aug 2016 Last Revised: 29 Oct 2016
David A. Hyman and William E. Kovacic
Georgetown University and George Washington University - Law School
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Abstract:

health care, competition, antitrust, state action, pharmaceuticals, MAC

65.

Regulatory Leveraging: Problem or Solution?

GWU Law School Public Law Research Paper No. 2016-41, GWU Legal Studies Research Paper No. 2016-41, University of Illinois College of Law Legal Studies Research Paper No. 16-30, King's College London Law School Research Paper No. 2016-38
Number of pages: 27 Posted: 25 Aug 2016 Last Revised: 29 Sep 2016
William E. Kovacic and David A. Hyman
George Washington University - Law School and Georgetown University
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Abstract:

merger review, leverage

66.

Can't Anyone Here Play this Game? Judging the FTC's Critics

George Washington Law Review, Vol. 83, 2015, GWU Law School Public Law Research Paper No. 2015-58, GWU Legal Studies Research Paper No. 2015-58, University of Illinois College of Law Legal Studies Research Paper No. 16-10, King's College London Law School Research Paper No. 2016-22
Number of pages: 31 Posted: 21 Dec 2015 Last Revised: 26 May 2016
David A. Hyman and William E. Kovacic
Georgetown University and George Washington University - Law School
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Abstract:

FTC, agency design, reform, administrative law, antitrust

67.

Consume or Invest: What Do/Should Agency Leaders Maximize?

Washington Law Review, Forthcoming, GWU Law School Public Law Research Paper No. 2015-60, GWU Legal Studies Research Paper No. 2015-60, University of Illinois College of Law Legal Studies Research Paper No. 16-11
Number of pages: 30 Posted: 20 Dec 2015 Last Revised: 05 Apr 2016
William E. Kovacic and David A. Hyman
George Washington University - Law School and Georgetown University
Downloads 0 (181,368)

Abstract:

antitrust, administrative law, agency design

68.

Screening Plaintiffs and Selecting Defendants in Medical Malpractice Litigation: Evidence from Illinois and Indiana

Illinois Program in Law, Behavior and Social Science Paper No. LBSS 14-13, Northwestern Law & Econ Research Paper No. 13-30, U of Texas Law, Law and Econ Research Paper No. 535
Number of pages: 40 Posted: 23 Jul 2014 Last Revised: 02 Aug 2017
Sharif University of Technology, Georgetown University, Northwestern University - Pritzker School of Law, University of Illinois College of Law and University of Texas at Austin - School of Law
Downloads 0 (289,304)

Abstract:

medical malpractice, success rate, frivolous litigation

69.

The Receding Tide of Medical Malpractice Litigation: Part 2—Effect of Damage Caps

Journal of Empirical Legal Studies, Vol. 10, Issue 4, pp. 639-669, 2013
Number of pages: 31 Posted: 24 Oct 2013
Myungho Paik, Bernard S. Black and David A. Hyman
Hanyang University - College of Policy Science, Northwestern University - Pritzker School of Law and Georgetown University
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Abstract: