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This Article identifies an alternative strategy for organizational change that relies on the indirect reputational effects of litigation.
Under this approach, organizational change does not result from court order or parties' settlement but from the informational effects of litigation: litigation transmits information about an organization into the public space; this information has reputational consequences for the affected organizations; voluntary organizational change is a response to that reputational shaming.
The effects of litigation privilege are causing untenable stress to those headquartered or doing business in California.
Semi-structured interviews will explore participants experience of their injury and their post injury care including factors that facilitate or hinder recovery such as access to healthcare and social support and issues surrounding the effects of litigation and compensation.
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Finally, an additional unintended consequence of such mandatory disclosure is that the selection by plaintiffs' lawyers of non-meritorious cases rather than meritorious cases that appear less profitable may undermine the deterrent effect of litigation on corporate malfeasance (see Pritchard 2002).
One thing President Obama won't talk about in his jobs speech Thursday is the deadening effect of litigation on the U.S. economy.
Proposed reforms and initiatives should not rely on conventional wisdom about the negative effects of malpractice litigation.
The assumed negative effects of malpractice litigation on patient safety have been used to justify numerous proposals for reform, including damages caps and "health courts," administrative bodies that adjudicate malpractice claims outside the tort system.
There seems to be a consensus that controls need to be put in place because of the effects of more litigation on Australian society.
Between asking for millions for trivial acts of piracy, and asking potentially for trillions in more serious cases, they've shown that they're not only completely disconnected from reality, but totally unheeding of the actual effects of their litigation.
Carrier (2012), one especially noteworthy recent example, presents the results of interviews with 31 CEOs about the results of the Napster case, as well as examines the effects of copyright litigation.
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