Special health courts – the debate

17 Mar
2005

Now this is interesting – The Doctor’s Court?

Apparently, magazine Legal Affairs sponsors weekly debates on legal issues. This week’s debate focuses on special health courts. The participants:

Philip K. Howard is Founder and Chair of Common Good and the author of The Death of Common Sense: How Law is Suffocating America. Stephanie Mencimer is a contributing editor of The Washington Monthly and is writing a book on tort reform.

They each post daily. You might guess that I’m rooting for Philip K. Howard. Read their comments and you will have a much better understanding of the argument – both pro and con.

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3 Responses to Special health courts – the debate

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charles

March 17th, 2005 at 3:10 pm

thanks for the link – i read the whole debate so far. i think howard has some pretty indisputable points, and i am amazed by the distortions and blatant appeals to some sort of warped populism that mencimer makes. her arguments to preserve the status quo only benefit trial lawyers and patients whose injuries are sensational enough to actually have a day in court. reminds me of my own running debates of yore with a certain frustrating jd.

Avatar

Curious JD

March 17th, 2005 at 9:05 pm

Charles, they were only frustrating because I’m not as convinced of your greatness as you are.

Here’s the key phrase in the whole debate, and it’s right there in the beginning:

“In this country, we trust juries enough to let them kill someone in a criminal case, but somehow, when juries make decisions about money, especially insurance company money, they’re attacked as irrational, unsophisticated, unwieldy, and slow.”

Avatar

arf

March 18th, 2005 at 2:30 pm

Since there are some states that do not have the death penalty, I guess some states do want to limit the penalties meted out by a jury.

I believe the arguments used by death penalty opponents include that the death penalty is…..irrational, unsophisticated, unwieldy, and slow.

In addition to….not being a deterrent, imposed unevenly, etc.

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