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

606 JOURNAL OF LAW AND POLICY One of the documents... bears a heading of “Occurrence Report,” with no further explanatory label ...

CODIFYING COMMON LAW 607 However, the court declined to comment further because neither party challenged the PSA on separation o ...

608 JOURNAL OF LAW AND POLICY privilege be construed narrowly.^162 As such, the judge ordered the disclosure of the names of the ...

CODIFYING COMMON LAW 609 “Quality Assurance document,” developed independent of the PSA and was therefore subject to a Christy a ...

610 JOURNAL OF LAW AND POLICY that the PSA’s non-disclosure protections must yield to the exceptions set forth in Christy.”^173 ...

CODIFYING COMMON LAW 611 The court also made clear that “nothing in the PSA insulates the underlying facts relating to a patient ...

612 JOURNAL OF LAW AND POLICY PSA (essentially answering the question it raised a year earlier), noting that “the Legislature ha ...

CODIFYING COMMON LAW 613 V. CONCLUSIONS A. An Analytical Misfit in the Family of Privileges The drafters of the PSA should have ...

614 JOURNAL OF LAW AND POLICY the defining characteristics of self-critical analysis. For example, the Dowling court declined to ...

CODIFYING COMMON LAW 615 This sampling of several self-critical analysis approaches shows that courts do not treat it like a pri ...

616 JOURNAL OF LAW AND POLICY through fear that an injured patient, empowered with broad discovery rights, will bring suit. Pati ...

CODIFYING COMMON LAW 617 PSA.^203 A review of both the legislative history and the plain meaning of the statute indicates that a ...

618 JOURNAL OF LAW AND POLICY Clearly, this same argument serves not only as a rationale for traditional tort reform, but also f ...

CODIFYING COMMON LAW 619 report errors out of fear of liability, in the words of one public health scholar, “is plausible and ha ...

620 JOURNAL OF LAW AND POLICY Some scholars also question whether privileges actually enhance the frequency and quality of patie ...

CODIFYING COMMON LAW 621 discover less as litigants. At the same time, as hospitals continue to engage in procedures virtually i ...

622 JOURNAL OF LAW AND POLICY liberal discovery system to ensure the disclosure of every possibly relevant document and the depo ...

CODIFYING COMMON LAW 623 patient safety may in fact be more willing to entertain novel claims of relief for plaintiffs. The heal ...

624 JOURNAL OF LAW AND POLICY according to the Appellate Division’s test, whether the alleged privileged material was created “e ...

CODIFYING COMMON LAW 625 “uncertainty” has always been the predominant dynamic of self- critical analysis. Perhaps the ambiguous ...