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-2012
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Article
Ethical Obligations of Independent Defense Counsel
Charles M. Silver, Ethical Obligations of Independent Defense Counsel, 22 Insurance Coverage 4 (July/ August 2012) (with William T. Barker).
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Article
Healthcare Quality, Patient Safety, and the Culture of Medicine: "Denial Ain't Just a River in Egypt"
Charles M. Silver, Healthcare Quality, Patient Safety, and the Culture of Medicine: "Denial Ain't Just a River in Egypt" [Symposium: On the Table: An Examination of Medical Malpractice, Litigation, and Methods of Reform], 46 New England Law Review 417 (2012). -
Article
What Can We Learn by Studying Lawyers’ Involvement in Multidistrict Litigation? A Comment on Williams, Lee, and Borden, Repeat Players in Federal Multidistrict Litigation
Charles M. Silver, What Can We Learn by Studying Lawyers’ Involvement in Multidistrict Litigation? A Comment on Williams, Lee, and Borden, Repeat Players in Federal Multidistrict Litigation [Symposium: The Public Life of Private Law: A Volume in Honor of Richard Nagareda], 5 Journal of Tort Law 181 (2012).
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Article
Part II: Medical Malpractice and Compensation in Global Perspective: How Does the U.S. Do It?
Charles M. Silver, Medical Malpractice and Compensation in Global Perspective: How Does the U.S. Do It? [Symposium: Medical Malpractice and Compensation in Global Perspective Part II], 87 Chicago Kent Law Review 163 (2012).
year-2011
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Article
The Responsibilities of Lead Lawyers and Judges in Multidistrict Litigations
Charles M. Silver, The Responsibilities of Lead Lawyers and Judges in Multidistrict Litigations [Symposium: Civil Procedure and the Legal Profession], 79 Fordham Law Review 1985 (2011). View Article -
Article
Fiduciaries and Fees: Preliminary Thoughts [Symposium: Civil Procedure and the Legal Profession
Charles M. Silver, Fiduciaries and Fees: Preliminary Thoughts [Symposium: Civil Procedure and the Legal Profession], 79 Fordham Law Review 1833 (2011) (with Lynn A. Baker). View Article -
Article
Ethics and Innovation
Charles M. Silver, Ethics and Innovation [Symposium: Aggregate Litigation: Critical Perspectives], 79 George Washington Law Review 754 (2011). View Article
year-2010
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Article
The Controversy Surrounding the Criminal Probe into the Gulf Oil Spill
Charles M. Silver, The Controversy Surrounding the Criminal Probe into the Gulf Oil Spill, Huffington Post, July 19, 2010 (with Susan R. Klein). <http://www.huffingtonpost.com/susan-klein/the-controversy-surroundi_b_651805.html>
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Article
A New Model for Mass Torts?
Charles M. Silver, A New Model for Mass Torts? The Huffington Post, June 21, 2010. <http://www.huffingtonpost.com/charles-m-silver/a-new-model-for-mass-tort_b_619837.html>
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Article
The 9/11 Lawyers Deserve Praise: Don't Arbitrarily Slash Their Fees
Charles M. Silver, The 9/11 Lawyers Deserve Praise: Don't Arbitrarily Slash Their Fees, New York Daily News, March 22, 2010. <http://www.nydailynews.com/opinions/2010/03/22/2010-03-22_the_911_lawyers_deserve_praise.html>
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Article
O'Connell Early Settlement Offers: Toward Realistic Numbers and Two-Sided Offers
Charles M. Silver, O'Connell Early Settlement Offers: Toward Realistic Numbers and Two-Sided Offers, 7 Journal of Empiricial Legal Studies 379 (2010) (with Bernard S. Black & David A. Hyman). -
Book
Principles of the Law of Aggregate Litigation
Charles M. Silver, Principles of the Law of Aggregate Litigation (St. Paul: American Law Institute Publishers, 2010) (associate reporter, with Samuel Issacharoff, reporter & Robert H. Klonoff & Richard A. Nagareda, associate reporters). -
Article
Access to Justice in a World Without Lawyers: Evidence from Texas Bodily Injury Claims
Charles M. Silver, Access to Justice in a World Without Lawyers: Evidence from Texas Bodily Injury Claims, 58 Fordham Urban Law Journal 357 (2010) (with David A. Hyman). -
Article
The Quasi-Class Action Method of Managing Multi-District Litigation: Problems and a Proposal
Charles M. Silver, The Quasi-Class Action Method of Managing Multi-District Litigation: Problems and a Proposal, 63 Vanderbilt Law Review 107 (2010) (with Geoffrey P. Miller).
year-2009
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Article
Only Pay for Health Care that Works
Charles M. Silver, Only Pay for Health Care that Works, The Detroit News, November 3, 2009 (with David A. Hyman).
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Article
The Effects of 'Early Offers' on Settlement: Evidence From Texas Medical Malpractice Cases
Charles M. Silver, The Effects of 'Early Offers' on Settlement: Evidence From Texas Medical Malpractice Cases, 6 Journal of Empirical Legal Studies 723 (2009) (with David A. Hyman & Bernard S. Black). -
Article
How Should Medical Malpractice Litigation be Dealt with in U.S. Health Care Reform?
Charles M. Silver, How Should Medical Malpractice Litigation be Dealt with in U.S. Health Care Reform? Washington Times, August 23, 2009 at M11 (with David A. Hyman).
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Article
Silver: Texas-Style Caps on Noneconomic Damages isn't Smart Tort Reform [Opinion/Editorial]
Ronen Avraham, Charles M. Silver, David A. Hyman. “Silver: Texas-Style Caps on Noneconomic Damages isn't Smart Tort Reform [Opinion/Editorial].” In Star-Telegram, (July 18, 2009). -
Article
Silver: Texas-Style Caps on Noneconomic Damages isn't Smart Tort Reform
Charles M. Silver, Silver: Texas-Style Caps on Noneconomic Damages isn't Smart Tort Reform, Star-Telegram, July 18, 2009 (with Ronen Avraham & David A. Hyman).
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Other Publication
Texas-Style Caps on Noneconomic Damages isn't Smart Tort Reform
Ronen Avraham, Charles M. Silver, David A. Hyman. “Texas-Style Caps on Noneconomic Damages isn't Smart Tort Reform.” (Star-Telegram, July 18, 2012).