Almost unnoticed, a new kind of adjudication system has appeared in American law. In forty-one states and the District of Columbia, special entities have been established to resolve contract and tort claims. State law created and mandates each system; these are not arbitrations agreed to by contract between the parties. Despite their public nature, however, these systems are not offered or operated by courts; the public function of adjudication is entirely outsourced to private actors. The decision-makers are neither elected nor appointed, nor are they public sector employees; they work in private companies. Most do not write opinions, and they neither establish nor follow precedent.
6 Yale J. Health Pol'y L. & Ethics 93-162
Scholarly Commons Citation
Hunter, Nan D., "Managed Process, Due Care: Structures of Accountability in Health Care" (2006). Georgetown Law Faculty Publications and Other Works. Paper 1726.