Charles M. Silver
- Roy W. and Eugenia C. McDonald Endowed Chair of Civil Procedure
- Professor
Charles Silver teaches courses on civil procedure, health law, and professional responsibility. His current research focuses on aggregate lawsuits, attorneys’ fees, professional responsibility, and health care law and policy. He previously worked with a group of empirical researchers on studies of medical malpractice litigation in Texas for over a decade. Professor Silver has authored several publications, including his most recent books “Medical Malpractice Litigation: How It Works, What It Does, And Why Tort Reform Hasn’t Helped” and “Overcharged: Why Americans Pay Too Much for Health Care.”
Featured Work
Charles Silver holds the Roy W. and Eugenia C. McDonald Endowed Chair of Civil Procedure at the University of Texas at Austin School of Law. His research focuses on aggregate lawsuits (including class actions and other mass proceedings), attorneys’ fees (including contractual compensation arrangements, common fund fee awards, and statutory fee awards), professional responsibility (focusing on lawyers involved in civil litigation on behalf of plaintiffs and defendants), and health care law and policy (with an emphasis on the payment system). For over a decade, he worked with a group of empirical researchers on studies of medical malpractice litigation in Texas. He served as an Associate Reporter on the Principles of Aggregate Litigation, which the American Law Institute published in 2010. His recent books are Overcharged: Why Americans Pay Too Much For Health Care (Cato Inst. 2018), coauthored with David A. Hyman, and Medical Malpractice Litigation: How It Works—Why Tort Reform Hasn’t Helped (Cato Inst. 2021), coauthored with Bernard S. Black, David A. Hyman, Myungho Paik, and William M. Sage.
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year-2023
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Article
The Suspect Restitutionary Basis for Common Fund Fee Awards in Multidistrict Litigations
Charles M. Silver. “The Suspect Restitutionary Basis for Common Fund Fee Awards in Multidistrict Litigations.” In 101 Texas L. Rev., Page 1653 (July 1, 2023). View online. -
Article
The Unconstitutional Assertion of Inherent Powers in Multi-District Litigation
Charles M. Silver, Robert J. Pushaw. “The Unconstitutional Assertion of Inherent Powers in Multi-District Litigation.” In 48 B.Y.U. L. Rev., (January 31, 2023). View online.
year-2022
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Article
Regulating Health Care: Perspectives From Government Failure During the COVID-19 Pandemic
Charles M. Silver, David A. Hyman. “Regulating Health Care: Perspectives From Government Failure During the COVID-19 Pandemic.” In 71 DePaul Law Review, Page 361 (August 1, 2022). View online.
year-2021
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Article
In Defense of Private Claims Resolution Facilities
Lynn A. Baker, Charles M. Silver. “In Defense of Private Claims Resolution Facilities.” In 84 Law and Contemporary Problems, Page 45 (2021). -
Book
Medical Malpractice Litigation: How It Works, What It Does, And Why Tort Reform Hasn’t Helped
Charles M. Silver, Bernard S. Black, David A. Hyman, Myungho Paik, and William M. Sage. Medical Malpractice Litigation: How It Works, What It Does, And Why Tort Reform Hasn’t Helped ( Cato Institute, 2021). View online.
year-2020
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Article
Medicare For All: Four Inconvenient Truths
Charles M. Silver, David A. Hyman. “Medicare For All: Four Inconvenient Truths.” In 20 Hous. J. Health L. & Policy, Page 133 (December 10, 2020). -
Article
Are We ‘Paying Twice’ for Pharmaceuticals?
Charles M. Silver, David A. Hyman. “Are We ‘Paying Twice’ for Pharmaceuticals?.” In 14 Regulation, (December 2020). -
Article
There is a Better Way: Give Medicaid Beneficiaries the Money
Charles M. Silver, David A. Hyman. “There is a Better Way: Give Medicaid Beneficiaries the Money.” In 18 Georgetown J. of L. & Pub. Pol’y, Page 149 (August 22, 2020). -
Article
Pricing and Paying for Cancer Drugs: Policy Options for Fixing A Broken System
Charles M. Silver, David A. Hyman. “Pricing and Paying for Cancer Drugs: Policy Options for Fixing A Broken System.” In 26 The Cancer Journal, Page 298 (July 8, 2020). -
Article
Surprise Medical Bills: How To Protect Patients and Make Care More Affordable
Charles M. Silver, David A. Hyman and Ben Ippolito. “Surprise Medical Bills: How To Protect Patients and Make Care More Affordable.” In 108 Georgetown L. J., Page 1655 (June 21, 2020). -
Article
Pharmaceutical Pricing When Success Has Many Paren
Charles M. Silver, David A. Hyman. “Pharmaceutical Pricing When Success Has Many Paren.” In 37 Yale J. Reg., Page 101 (April 15, 2020). -
Article
Paying Beneficiaries, Not Providers
Charles M. Silver, David A. Hyman. “Paying Beneficiaries, Not Providers.” In 34 Regulation, (Spring 2020). View online. -
Article
A Private Law Defense of Zealous Representation
Charles M. Silver. “A Private Law Defense of Zealous Representation.” In U of Texas Law, Public Law Research Paper No. 638, (February 5, 2020). View online.
year-2019
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Article
Regulating Pharmaceutical Companies’ Financial Largesse
Charles M. Silver, Ronen Avraham. “Regulating Pharmaceutical Companies’ Financial Largesse.” In 7 Israeli J. Health Policy Res., (December 1, 2019). -
Article
Liability Insurance and Patient Safety
Charles M. Silver, Tom Baker. “Liability Insurance and Patient Safety.” In 68 DePaul L. Rev., Page 209 (May 10, 2019). View online. -
Book Chapter
Medical Malpractice Litigation
Charles M. Silver, David A. Hyman. “Medical Malpractice Litigation” -
Article
Fictions and Facts: Medical Malpractice Litigation, Physician Supply, and Health Care Spending in Texas Before and After HB 4
Charles M. Silver, David A. Hyman and Bernard Black. “Fictions and Facts: Medical Malpractice Litigation, Physician Supply, and Health Care Spending in Texas Before and After HB 4.” In 51 Tex. Tech L. Rev., Page 627 (February 7, 2019).
year-2018
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Book Chapter
The Mimic-the-Market Method of Regulating Common Fund Fee Awards: A Status Report on Securities Fraud Class Actions
Charles M. Silver. “The Mimic-the-Market Method of Regulating Common Fund Fee Awards: A Status Report on Securities Fraud Class Actions” -
Book
Overcharged: Why Americans Pay Too Much For Health Care
Charles M. Silver, David A. Hyman. Overcharged: Why Americans Pay Too Much For Health Care ( Cato Institute, July 3, 2018). -
Article
Screening Plaintiffs and Selecting Defendants in Medical Malpractice Litigation: Evidence from Illinois and Indiana
Charles M. Silver, Mohammad Rahmati, David A. Hyman, Bernard S. Black, and Jing Liu. “Screening Plaintiffs and Selecting Defendants in Medical Malpractice Litigation: Evidence from Illinois and Indiana.” In 15 J. Empirical Legal Stud., Page 41 (February 13, 2018).