Emory Law Journal

Volume 67Issue 1
Articles

Price Transparency and Incomplete Contracts in Health Care

Wendy Netter Epstein | 67 Emory L.J. 1 (2017)

Market-based health care reform solutions, which have grown in popularity and possibility, suggest when patients act more like consumers, health care prices will decrease and unnecessary medical procedures will occur less frequently. This Article argues that these benefits of a market-based health care system cannot occur without price transparency in health care contracts. Through synthesizing theories of law and economics and behavioral science, this Article proposes that contract theory provides the most desirable solution: courts enforcing a penalty default of $0 when health care contracts do not provide a price and it would be reasonable to do so.

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Constructing Recidivism Risk

Jessica M. Eaglin | 67 Emory L.J. 59 (2017)

Courts are increasingly relying on statistically derived information to determine a defendant’s likelihood of recidivism at sentencing. Tools that provide the courts with the actuarial data are helpful to making sentencing decisions, but their use also raises concerns about the choices developers make in construction. This Article argues that there must be more accountability during the tool development process because the design decisions require normative judgments about accuracy, equality, and purpose of punishment. Furthermore, this Article emphasizes that actuarial tools should be designed to reflect the societal values about the administration of justice.

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