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.
No publications or activities matching the current search and filters.
year-2009
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Article
Estimating the Effect of Damage Caps in Medical Malpractice Cases: Evidence from Texas
Charles M. Silver, Estimating the Effect of Damage Caps in Medical Malpractice Cases: Evidence from Texas, 1 Journal of Legal Analysis 355 (2009) (with David A. Hyman, Bernard S. Black & William M. Sage).
year-2008
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Article
Malpractice Payouts and Malpractice Insurance: Evidence from Texas Closed Claims, 1990-2003
Charles M. Silver, Malpractice Payouts and Malpractice Insurance: Evidence from Texas Closed Claims, 1990-2003, 33 The Geneva Papers on Risk and Insurance: Issues and Practice 177 (2008) (with Bernard Black, Kathryn Zeiler, David Hyman & William Sage). -
Article
Defense Costs and Insurer Reserves in Medical Malpractice and Other Personal Injury Cases: Evidence from Texas, 1988-2004
Charles M. Silver, Defense Costs and Insurer Reserves in Medical Malpractice and Other Personal Injury Cases: Evidence from Texas, 1988-2004, 10 American Law and Economics Review 185 (2008) (with Bernard S. Black, David A. Hyman, & William M. Sage). -
Article
The Impact of the 2003 Medical Malpractice Damages Cap on Physician Supply and Insurer Payouts: Separating Facts from Rhetoric
Charles M. Silver, The Impact of the 2003 Medical Malpractice Damages Cap on Physician Supply and Insurer Payouts: Separating Facts from Rhetoric, Texas Advocate, Fall 2008 at 25 (with Bernard S. Black & David Hyman). -
Article
Incentivizing Institutional Investors to Serve as Lead Plaintiffs in Securities Fraud Class Actions
Charles M. Silver, Incentivizing Institutional Investors to Serve as Lead Plaintiffs in Securities Fraud Class Actions [Symposium: Thirteenth Anuual Clifford Symposium on Tort Law and Social Policy], 57 DePaul Law Review 471 (2008) (with Sam Dinkin).
year-2007
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Article
Physicians' Insurance Limits and Malpractice Payments: Evidence from Texas Closed Claims
Charles M. Silver, Physicians' Insurance Limits and Malpractice Payments: Evidence from Texas Closed Claims, 1990-2003, 36 The Journal of Legal Studies S9 (2007) (with Kathryn Zeiler, Bernard S. Black, David A. Hyman & William M. Sage). -
Article
Do Defendants Pay What Juries Award?: Post-Verdict Haircuts in Texas Medical Malpractice Cases, 1988-2003
Charles M. Silver, Do Defendants Pay What Juries Award?: Post-Verdict Haircuts in Texas Medical Malpractice Cases, 1988-2003, 4 Journal of Empirical Legal Studies 3 (2007) (with David Hyman, Kathryn Zeiler, William M. Sage & Bernard S. Black).
year-2006
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Article
Medical Malpractice Litigation and Tort Reform: It's the Incentives, Stupid
Charles M. Silver, Medical Malpractice Litigation and Tort Reform: It's the Incentives, Stupid, 59 Vanderbilt Law Review 1085 (2006) (with David A. Hyman). -
Article
Dissent from Recommendation to Set Fees Ex Post
Charles M. Silver, Michael M Sharlot, Dissent from Recommendation to Set Fees Ex Post, 25 The Review of Litigation 497 (2006).
year-2005
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Article
False Diagnosis: Don't Mess with Texas's Tort System
Charles M. Silver, False Diagnosis: Don't Mess with Texas's Tort System, New York Times, Mar. 10, 2005, at A25 (with Bernard Black, David Hyman & William Sage). -
Article
A Rejoinder to Lester Brickman: On the Theory Class's Theories of Asbestos Litigation
Charles M. Silver, A Rejoinder to Lester Brickman: On the Theory Class's Theories of Asbestos Litigation, 32 Pepperdine Law Review 765 (2005). -
Article
Medical Malpractice Reform REDUX: D¿j¿ Vu All Over Again?
Charles M. Silver, Medical Malpractice Reform REDUX: Déjà Vu All Over Again?, 12 Widener Law Review 121 (2005) (with David A. Hyman). -
Article
Stability, Not Crisis: Medical Malpractice Claim Outcomes in Texas, 1988-2002
Charles M. Silver, Stability, Not Crisis: Medical Malpractice Claim Outcomes in Texas, 1988-2002, 2 Journal of Empirical Legal Studies 207 (2005) (with Bernard Black, David A. Hyman & William M. Sage). -
Article
Speak Not of Error: Does Legal Fear Increase the Risk of Medical Error?
Charles M. Silver, Speak Not of Error: Does Legal Fear Increase the Risk of Medical Error?, Regulation, Spring 2005, at 52 (with David A. Hyman). -
Article
The Poor State of Health Care Quality in the U.S.: Is Malpractice Liability Part of the Problem or Part of the Solution?
Charles M. Silver, The Poor State of Health Care Quality in the U.S.: Is Malpractice Liability Part of the Problem or Part of the Solution?, 90 Cornell Law Review 893 (2005) (with David A. Hyman).
year-2004
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Article
Merging Roles: Mass Tort Lawyers as Agents and Trustees
Charles M. Silver, Merging Roles: Mass Tort Lawyers as Agents and Trustees, 31 Pepperdine Law Review 301 (2004).
year-2003
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Article
"We're Scared to Death": Class Certification and Blackmail
Charles M. Silver, "We're Scared to Death": Class Certification and Blackmail, 78 New York University Law Review 1357 (2003).
year-2002
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Article
What Lawsuit Abuse?
Charles M. Silver, What Lawsuit Abuse?, Dallas Morning News, Apr. 14, 2002, at 5J. -
Article
When Should Government Regulate Lawyer-Client Relationships? The Campaign to Prevent Insurers from Managing Defense Costs
Charles M. Silver, When Should Government Regulate Lawyer-Client Relationships? The Campaign to Prevent Insurers from Managing Defense Costs, 44 Arizona Law Review 787 (2002). -
Article
Introduction: Civil Justice Fact and Fiction
Charles M. Silver, Introduction: Civil Justice Fact and Fiction [Symposium: The Impact of Civil Justice on the American Economy & Polity], 80 Texas Law Review 1537 (2002) (with Lynn A. Baker).