Academic Appointments


Program Affiliations


  • Public Policy

All Publications


  • Using class actions to enforce consumer protection law HANDBOOK OF RESEARCH ON INTERNATIONAL CONSUMER LAW, 2ND EDITION Hensler, D. R., Howells, G., Ramsay, Wilhelmsson, T. 2018: 445–65
  • Justice for the Masses? Aggregate Litigation & Its Alternatives DAEDALUS Hensler, D. R. 2014; 143 (3): 73-82
  • The Future of Mass Litigation: Global Class Actions and Third-Party Litigation Funding GEORGE WASHINGTON LAW REVIEW Hensler, D. R. 2011; 79 (2): 306-323
  • The Globalization of Class Actions: An Overview ANNALS OF THE AMERICAN ACADEMY OF POLITICAL AND SOCIAL SCIENCE Hensler, D. R. 2009; 622: 7-29
  • Alternative courts? Litigation-induced claims resolution facilities Stanford Law Review Symposium on Civil Trial Hensler, D. R. STANFORD UNIV, STANFORD LAW SCHOOL. 2005: 1429–39
  • MarketWatch - Patients in conflict with managed care: A profile of appeals in two HMOs HEALTH AFFAIRS Gresenz, C. R., Studdert, D. M., Campbell, N., Hensler, D. R. 2002; 21 (4): 189-196

    Abstract

    Despite speculation about the nature of disputes between managed care enrollees and their health plans over benefit denials, little empirical information exists about the details of such disputes and how they are actually handled. In this study we profile more than 11,000 appeals lodged between 1998 and 2000 by enrollees at two of the nation's largest health maintenance organizations (HMOs), to shed some preliminary light on the vast terrain of enrollee appeals. As many as half of appeals involved requests for reimbursement for costs of services already obtained ("retrospective" appeals), as opposed to services sought ("prospective appeals"). Enrollees won 36 percent of prospective appeals at Plan 1 and 70 percent at Plan 2, compared with 89 percent and 78 percent, respectively, of retrospective appeals. The success rate among retrospective appeals involving emergency room services--95 percent at both plans--was particularly striking.

    View details for Web of Science ID 000176978400024

  • As time goes by: Asbestos litigation after Amchem and Ortiz TEXAS LAW REVIEW Hensler, D. R. 2002; 80 (7): 1899-1924
  • Expanded managed care liability: What impact on employer coverage? HEALTH AFFAIRS Studdert, D. M., Sage, W. M., Gresenz, C. R., Hensler, D. R. 1999; 18 (6): 7-27

    Abstract

    Policymakers are considering legislative changes that would increase managed care organizations' exposure to civil liability for withholding coverage or failing to deliver needed care. Using a combination of empirical information and theoretical analysis, we assess the likely responses of health plans and Employee Retirement Income Security Act (ERISA) plan sponsors to an expansion of liability, and we evaluate the policy impact of those moves. We conclude that the direct costs of liability are uncertain but that the prospect of litigation may have other important effects on coverage decision making, information exchange, risk contracting, and the extent of employers' involvement in health coverage.

    View details for Web of Science ID 000083687800002

    View details for PubMedID 10650685

  • Do we need an empirical research agenda on judicial independence? SOUTHERN CALIFORNIA LAW REVIEW Hensler, D. R. 1999; 72 (2-3): 707-721
  • STUDYING GENDER BIAS IN THE COURTS - STORIES AND STATISTICS STANFORD LAW REVIEW Hensler, D. R. 1993; 45 (6): 2187-2193
  • EXECUTIVE SUMMARY OF THE PRELIMINARY-REPORT OF THE 9TH CIRCUIT TASK-FORCE ON GENDER BIAS STANFORD LAW REVIEW COUGHENOUR, J. C., Hug, P., Patel, M. H., BIRD, T. W., Hensler, D. R., MCKEOWN, M. M., Resnik, J., Shields, H. 1993; 45 (6): 2153-2176