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-1994
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Article
Control Fees? No, Let the Free Market Do Its Job
Charles M. Silver, Control Fees? No, Let the Free Market Do Its Job, National Law Journal, Apr. 18, 1994, at A17. -
Article
Introduction to the Symposium
Charles M. Silver, Introduction to the Symposium [Symposium: Law of Bad Faith in Contract and Insurance], 72 Texas Law Review 1203 (1994) (with Ellen Smith Pryor). -
Article
Does Insurance Defense Counsel Represent the Company or the Insured?
Charles M. Silver, Does Insurance Defense Counsel Represent the Company or the Insured?, 72 Texas Law Review 1583 (1994). [Reprinted in Insurance Law: What Every Lawyer and Businessperson Needs to Know 95 (New York: Practicing Law Institute, 1998).] -
Article
For Schmethics
Charles M. Silver, For Schmethics, AALS Section on Professional Responsibility Newsletter, Spring 1994, at 14. -
Book Chapter
Responsibilities of Senior and Junior Attorneys
Charles M. Silver, Responsibilities of Senior and Junior Attorneys, in A Guide to the Basics of Law Practice 267 (W. Frank Newton ed.; 1994). -
Book Chapter
Introduction: Thoughts on Procedural Issues in Insurance Litigation
Charles M. Silver, Introduction: Thoughts on Procedural Issues in Insurance Litigation, in 7 Insurance Law Anthology xi (Donald J. Hoyes ed.; 1994). -
Article
What's Ethics Got to Do With It? The Manhattan Institute Proposal in Perspective
Charles M. Silver, What's Ethics Got to Do With It? The Manhattan Institute Proposal in Perspective, AALS Section on Professional Responsibility Newsletter, Spring 1994, at 2. -
Book Chapter
Advertising and Marketing Legal Services
Charles M. Silver, Advertising and Marketing Legal Services, in A Guide to the Basics of Law Practice 31 (W. Frank Newton ed.; 1994 ed.). -
Article
A Model Retainer Agreement for Legal Services Programs: Mandatory Attorney Fee Provisions
Charles M. Silver, A Model Retainer Agreement for Legal Services Programs: Mandatory Attorney Fee Provisions, 28 Clearinghouse Review 114 (1994) (with Stephen Yelenosky).
year-1993
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Article
Public Choice and Judicial Review
Charles M. Silver, Public Choice and Judicial Review, 18 Law & Social Inquiry 165 (1993). -
Book Review
Public Choice and Judicial Review
Charles M. Silver, Public Choice and Judicial Review, 18 Law & Social Inquiry 165 (1993) (reviewing Daniel A. Farber & Philip P. Frickey, Law and Public Choice: A Critical Introduction, & Glen O. Robinson, American Bureaucracy: Public Choice and Public Law). -
Article
Incoherence and Irrationality in the Law of Attorneys' Fees
Charles M. Silver, Incoherence and Irrationality in the Law of Attorneys' Fees, 12 Review of Litigation 301 (1993).
year-1992
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Article
Unloading the Loadstar: Toward a New Fee Award Procedure
Charles M. Silver, Unloading the Loadstar: Toward a New Fee Award Procedure, 70 Texas Law Review 865 (1992). -
Book Review
American Political Theory Considered
Charles M. Silver, American Political Theory Considered, 60 George Washington Law Review 562 (1992) (reviewing The Federal Courts in the Political Order: Judicial Jurisdiction and American Political Theory, by Martin Redish).
year-1991
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Article
A Missed Misalignment of Interests: A Comment on Syverud, The Duty to Settle
Charles M. Silver, A Missed Misalignment of Interests: A Comment on Syverud, The Duty to Settle, 77 Virginia Law Review 1585 (1991). [Reprinted in 6 Insurance Law Anthology 857 (1992).] -
Article
Comparing Class Actions and Consolidations
Charles M. Silver, Comparing Class Actions and Consolidations, 10 Review of Litigation 231 (1991). -
Book Review
Outsider Jurisprudence from an Insider
Charles M. Silver, Outsider Jurisprudence from an Insider, 16 Law & Social Inquiry 575 (1991) (reviewing The Problems of Jurisprudence, by Richard Posner). -
Article
A Restitutionary Theory of Attorneys’ Fees in Class Actions
Charles M. Silver, A Restitutionary Theory of Attorneys’ Fees in Class Actions, 76 Cornell Law Review 656 (1991).
year-1988
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Book Review
Bentham and the Common Law Tradition, by Gerald J. Postema
Charles M. Silver, Bentham and the Common Law Tradition, by Gerald J. Postema, 99 Ethics 164 (1988).
year-1987
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Book Review
Elmer's Case: A Legal Positivist Replies to Dworkin
Charles M. Silver, Elmer's Case: A Legal Positivist Replies to Dworkin, 6 Law & Philosophy 381 (1987).