50 Rutgers L. Rev. 657 (1997-1998)
The Illusion of Efficiency in Workers Compensation Reform

handle is hein.journals/rutlr50 and id is 667 raw text is: RUTGERS LAW REVIEW
VOLUME 50                       Spring 1998                      NUMBER 3
THE ILLUSION OF EFFICIENCY IN WORKERS'
COMPENSATION REFORM
Martha T. McCluskey
In this article, Professor Martha T. McCluskey challenges the major re-
forms in workers' compensation that have developed in the past decade, as
well as the economic theory underpinning those theories. In response to wide-
spread perceptions that rising workers' compensation insurance costs had
reached crisis levels by the late 1980s and early 1990s, most states have enact-
ed substantial restrictions on benefits for injured workers.  Professor
. Associate Professor of Law, State University of New York at Buffalo. B.A.
1980, Colby College; J.D. 1988, Yale Law       School; L.L.M. 1995, Columbia
University School of Law. This article was written in partial fulfillment of the
requirements of the degree of Doctor of the Science of Law, Columbia University
School of Law. Many thanks to William C. Black of the Maine Public Advocate's
Office for sharing extensive knowledge, insights, and enthusiasm which were
crucial to the development of the ideas in this article, and to my other former
colleagues in that office. Thanks also to Patrick N. McTeague for introducing me
to some of the intricacies and intrigues of workers' compensation in Maine, and to
Frank Dolce and Mary Jeffords for their insights into New York's workers'
compensation system and reforms. I am particularly grateful for the advice and
suggestions of Mark Barenberg, Lance Liebman, and Martha Fineman, and to Jim
Atelson, Guyora Binder, Richard Briffault, Lisa Brush, Lucinda Finley, Sarah
Herbert, Mike Meurer, Carl Nightingale, Jack Schlegel, Nancy Staudt, Rob
Steinfeld and Jim Wooten for comments on drafts. I also owe thanks to
participants in the SUNY Buffalo faculty theory workshop, the Columbia Feminism
and Legal Theory Workshop, and the 1994 Law and Society Annual Meeting and
in particular to Joel Handler and Christine Harrington for comments on
presentations of this article. Finally, I thank Fredrik Lund for excellent research
assistance.

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