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Unlike most of the other subjects in the law school curriculum, Comparative Law is not a body of rules and principles. It is a method, a way of looking at legal problems. Strictly speaking, the term Comparative Law is a misnomer. It would be more logical to speak of the Comparative Method. [ABSTRACT FROM AUTHOR]

Background: Percutaneous laser disc decompression (PLDD) for patients with lumbar disc herniation is believed to be cheaper than surgery. However, cost-effectiveness has never been studied. Materials and Methods: A cost utility analysis was performed alongside a randomized controlled trial comparing PLDD and conventional surgery. Patients reported their quality of life using the EuroQol five dimensions questionnaire (EQ-5D), 36-item short form health survey (SF-36 and derived SF-6D) and a visual analogue scale (VAS). Using cost diaries patients reported health care use, non-health care use and hours of absenteeism from work. The 1-year societal costs were compared with 1-year quality adjusted life years (QALYs) based on the United States (US) EQ-5D. Sensitivity analyses were carried out on the use of different utility measures (Netherland (NL) EQ-5D, SF-6D, or VAS) and on the perspective (societal or healthcare). Results: On the US EQ-5D, conventional surgery provided a non-significant gain in QALYs of 0.033 (95% confidence interval (CI) €0.026 to 0.093) in the first year. PLDD resulted in significantly lower healthcare costs (difference E1771, 95% CI E303 to E3238) and non-significantly lower societal costs (difference E2379, 95% CI €E2860 to E7618). For low values of the willingness to pay for a QALY, the probability of being cost-effective is in favor of PLDD. For higher values of the willingness to pay, between E30,000 and E70,000, conventional microdiscectomy becomes favorable. Conclusions: From a healthcare perspective PLDD, followed by surgery when needed, results in significantly lower 1-year costs than conventional surgery. From a societal perspective PLDD appears to be an economically neutral innovation. [ABSTRACT FROM AUTHOR]

The substantive law of judgments recognition in the United States has evolved from federal common law, found in a seminal Supreme Court opinion, to primary reliance on state law in both state and federal courts. While state law often is found in a local version of a uniform act, this has not brought about true uniformity, and significant discrepancies exist among the states. These discrepancies in judgments recognition law, combined with a common policy on the circulation of internal judgments under the United States Constitution's Full Faith and Credit Clause, have created opportunities for forum shopping and litigation strategies that result in both inequity of result and inefficiency of judicial process. These inefficiencies are fueled by differences regarding (1) substantive rules regarding the recognition of judgments, (2) requirements for personal and quasi in rem jurisdiction when a judgment recognition action is brought (recognition jurisdiction), and (3) the application of the doctrine of forum non conveniens in judgments (and arbitral award) recognition cases. Recent cases demonstrate the need for a return to a single, federal legal framework for the recognition and enforcement of foreign judgments. This Article reviews the history of U.S. judgments recognition law, summarizes current substantive law on the recognition and enforcement of foreign judgments, reviews recent decisions that demonstrate the three specific problem areas, and proposes a coordinated approach using federal substantive law on judgments recognition and state law on related matters in order to eliminate the current problems of non-uniformity and inefficient use of the courts. [ABSTRACT FROM AUTHOR]

The 2005 Hague Convention on Choice of Court Agreements was the result of more than a decade of negotiations at the Hague Conference on Private International Law. While the negotiations began with the goal of a more comprehensive convention, regulating both jurisdiction in the court of origin and recognition of the resulting judgment, the result is an important instrument. It provides the opportunity for predictability when a choice of court agreement is included in an international commercial contract, and places that choice on a more even plane with an arbitration agreement under the New York Convention. By giving effect in all Contracting States to both the choice of court agreement and the resulting judgment, the Hague Convention makes the choice between arbitration and litigation more evenly balanced for purposes of choosing a forum for dispute resolution in international commercial contracts. [ABSTRACT FROM AUTHOR]

The relationship between peak serum bilirubin concentration while newborn and nerve development at age two years was studied. (Serum is the clear fluid component of blood; bilirubin is a pigment of bile). Initially, 1,400 infants born after less than 32 weeks or born weighing less than 1,500 grams were enrolled in the study; 145 were subsequently excluded because they were born malformed and 361 died during the study. At age two years, 830 children were available for follow-up. Children with handicaps due to nerve problems had experienced higher peak plasma bilirubin levels when newborn than children without nerve problems. The higher the peak serum bilirubin level, the worse the handicaps (mostly cerebral palsy). The risk of a handicap increased by 30 percent for each 50 micromole per liter increase in the peak serum bilirubin level. This suggests a causal relationship between the peak serum bilirubin level when newborn and problems of nerve development later on.