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The Shadow 'OF' of Courts and the Shadow 'ON' the Courts in Medical Disputes

Posted Aug 08 2012 8:07am

In the United States, we often speak of the "shadow of the law" on informal dispute resolution.  In China, it appears that there is an opposite phenomenon: the shadow of informal dispute resolution on the courts.

In a new article forthcoming in the Columbia Law Review, Benjamin Liebman discusses "Malpractice Mobs: Medical Dispute Resolution in China."

Liebman describes a trend toward resolution of claims through protest and violence.  He writes that "Hospital officials, judges, and health department officials acknowledge that whether or not they face a protest or threat thereof is generally the most important factor influencing resolution of medical disputes."

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