Procedural triage

Research output: Contribution to journalReview article

6 Citations (Scopus)

Abstract

Prior scholarship has assumed that the inherent value of a "day in court" is the same for all claimants, so that when procedural resources (like a jury trial or a hearing) are scarce, they should be rationed the same way for all claimants. That is incorrect. This Article shows that the inherent value of a "day in court" can be far greater for some claimants, such as first-time filers, than for others, such as corporate entities and that it can be both desirable and feasible to take this variation into account in doling out scarce procedural protections. In other words, it introduces and demonstrates the usefulness of procedural triage. This Article demonstrates the real world potential of procedural triage by showing how Medicare should use this new tool to address its looming administrative crisis. In the methodological tradition of Jerry Mashaw's seminal studies of the Social Security Administration, this Article uses its in-depth study of Medicare to develop a theoretical framework that can be used to think through where and how other adjudicatory processes should engage in procedural triage. This Article concludes by applying this framework to survey other potential applications for procedural triage, from the Department of Veterans' Affairs to the Federal Rules of Civil Procedure.

Original languageEnglish (US)
Pages (from-to)79-130
Number of pages52
JournalFordham Law Review
Volume84
Issue number1
StatePublished - Oct 1 2015

Fingerprint

social security
resources

All Science Journal Classification (ASJC) codes

  • Law

Cite this

Lawrence, Matthew. / Procedural triage. In: Fordham Law Review. 2015 ; Vol. 84, No. 1. pp. 79-130.
@article{0aa11901243d408aadc5a3c0a0d16fc3,
title = "Procedural triage",
abstract = "Prior scholarship has assumed that the inherent value of a {"}day in court{"} is the same for all claimants, so that when procedural resources (like a jury trial or a hearing) are scarce, they should be rationed the same way for all claimants. That is incorrect. This Article shows that the inherent value of a {"}day in court{"} can be far greater for some claimants, such as first-time filers, than for others, such as corporate entities and that it can be both desirable and feasible to take this variation into account in doling out scarce procedural protections. In other words, it introduces and demonstrates the usefulness of procedural triage. This Article demonstrates the real world potential of procedural triage by showing how Medicare should use this new tool to address its looming administrative crisis. In the methodological tradition of Jerry Mashaw's seminal studies of the Social Security Administration, this Article uses its in-depth study of Medicare to develop a theoretical framework that can be used to think through where and how other adjudicatory processes should engage in procedural triage. This Article concludes by applying this framework to survey other potential applications for procedural triage, from the Department of Veterans' Affairs to the Federal Rules of Civil Procedure.",
author = "Matthew Lawrence",
year = "2015",
month = "10",
day = "1",
language = "English (US)",
volume = "84",
pages = "79--130",
journal = "Fordham Law Review",
issn = "0015-704X",
publisher = "Fordham University School of Law",
number = "1",

}

Lawrence, M 2015, 'Procedural triage', Fordham Law Review, vol. 84, no. 1, pp. 79-130.

Procedural triage. / Lawrence, Matthew.

In: Fordham Law Review, Vol. 84, No. 1, 01.10.2015, p. 79-130.

Research output: Contribution to journalReview article

TY - JOUR

T1 - Procedural triage

AU - Lawrence, Matthew

PY - 2015/10/1

Y1 - 2015/10/1

N2 - Prior scholarship has assumed that the inherent value of a "day in court" is the same for all claimants, so that when procedural resources (like a jury trial or a hearing) are scarce, they should be rationed the same way for all claimants. That is incorrect. This Article shows that the inherent value of a "day in court" can be far greater for some claimants, such as first-time filers, than for others, such as corporate entities and that it can be both desirable and feasible to take this variation into account in doling out scarce procedural protections. In other words, it introduces and demonstrates the usefulness of procedural triage. This Article demonstrates the real world potential of procedural triage by showing how Medicare should use this new tool to address its looming administrative crisis. In the methodological tradition of Jerry Mashaw's seminal studies of the Social Security Administration, this Article uses its in-depth study of Medicare to develop a theoretical framework that can be used to think through where and how other adjudicatory processes should engage in procedural triage. This Article concludes by applying this framework to survey other potential applications for procedural triage, from the Department of Veterans' Affairs to the Federal Rules of Civil Procedure.

AB - Prior scholarship has assumed that the inherent value of a "day in court" is the same for all claimants, so that when procedural resources (like a jury trial or a hearing) are scarce, they should be rationed the same way for all claimants. That is incorrect. This Article shows that the inherent value of a "day in court" can be far greater for some claimants, such as first-time filers, than for others, such as corporate entities and that it can be both desirable and feasible to take this variation into account in doling out scarce procedural protections. In other words, it introduces and demonstrates the usefulness of procedural triage. This Article demonstrates the real world potential of procedural triage by showing how Medicare should use this new tool to address its looming administrative crisis. In the methodological tradition of Jerry Mashaw's seminal studies of the Social Security Administration, this Article uses its in-depth study of Medicare to develop a theoretical framework that can be used to think through where and how other adjudicatory processes should engage in procedural triage. This Article concludes by applying this framework to survey other potential applications for procedural triage, from the Department of Veterans' Affairs to the Federal Rules of Civil Procedure.

UR - http://www.scopus.com/inward/record.url?scp=84948845322&partnerID=8YFLogxK

UR - http://www.scopus.com/inward/citedby.url?scp=84948845322&partnerID=8YFLogxK

M3 - Review article

VL - 84

SP - 79

EP - 130

JO - Fordham Law Review

JF - Fordham Law Review

SN - 0015-704X

IS - 1

ER -

Lawrence M. Procedural triage. Fordham Law Review. 2015 Oct 1;84(1):79-130.