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

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."