THE INTEGRATION OF BANKING AND TELECOMMUNICATIONS: THE NEED FOR REGULATORY REFORM

586 JOURNAL OF LAW AND POLICY question whether a Bredice holding would survive under a Rule 501 regime, many courts have since r ...

CODIFYING COMMON LAW 587 deferential “abuse of discretion” standard governing appeals of trial court discovery rulings,^49 as we ...

588 JOURNAL OF LAW AND POLICY forward with relevant information.”^54 The second principle is that evaluations and opinions in se ...

CODIFYING COMMON LAW 589 similar to the work-product doctrine, which protects certain materials from discovery absent a showing ...

590 JOURNAL OF LAW AND POLICY even in those three areas where courts typically apply the privilege.^68 For example, one court ob ...

CODIFYING COMMON LAW 591 courts have relied on University of Pennsylvania to reject a self- critical analysis privilege.^75 Toda ...

592 JOURNAL OF LAW AND POLICY the best efforts of the defendants’ bar and corporate counsel,^81 the dream of a broad and impenet ...

CODIFYING COMMON LAW 593 historical sketch of self-critical analysis in New Jersey is in order. The first case to grapple with t ...

594 JOURNAL OF LAW AND POLICY Guided by the United States Supreme Court’s decision in EPA v. Mink,^90 which held that factual ma ...

CODIFYING COMMON LAW 595 enable employers to maintain effective procedures that encourage reporting and candid statements by all ...

596 JOURNAL OF LAW AND POLICY confidentiality concerns under most, if not all, circumstances.’”^105 On the other hand, the court ...

CODIFYING COMMON LAW 597 Nonetheless, the court refused to allow discovery of the committee’s opinions and fact-findings. First, ...

598 JOURNAL OF LAW AND POLICY because the court was “convinced” that his compelling needs were addressed through disclosure of t ...

CODIFYING COMMON LAW 599 patrolling, reporting, and analysis of healthcare phenomena— particularly adverse incidents (such as th ...

600 JOURNAL OF LAW AND POLICY patient safety events.^125 New Jersey sought to create a similar patient safety regime. B. The New ...

CODIFYING COMMON LAW 601 special note of subsection (e), as it seems to address medical malpractice litigation: The Legislature ...

602 JOURNAL OF LAW AND POLICY notify patients of such occurrences “in a timely fashion.”^131 Crucially, the Act provided that: A ...

CODIFYING COMMON LAW 603 surprisingly, both NJHA and ATLA-NJ found Christy’s holding acceptable and lobbied for its inclusion in ...

604 JOURNAL OF LAW AND POLICY IV. DUELING INTERPRETATIONS, UNINTENDED MISCHIEF A. Applegrad ex rel. C.A. v. Bentolila Despite th ...

CODIFYING COMMON LAW 605 ... that pertain to the activities of hospitals in engaging in forms of internal self-assessments and r ...