42. This provision of McConnell-Abraham differs significantly from the original Moore-Gephardt proposal, which was much stricter. In contrast to McConnell-Abraham's "clear and convincing" evidence standard, the original Moore-Gephardt proposal required the more stringent standard of "beyond a reasonable doubt."

43. Wolfram (1986), 528 at note 21.

44. See supra note 3.

45. April 27, 1995.

46. U.S. Department of Justice, Bureau of Justice Statistics, Tort Cases in Large Counties (Special Report NCJ-153177, April, 1995), 3.

47. The term private tort costs refers to all non-administrative tort costs. Estimate is based on data from Tillinghast-Towers Perrin (1995).

48. Mark I. Taragin et al., "The Influence of Standard of Care and Severity of Injury on the Resolution of Medical Malpractice Claims," Annals of Internal Medicine 117, no. 9 (November 1992): 780-4.

49. Data on lawyers' fees from Tillinghast-Towers Perrin (1995), Appendix 2.

50. Brickman, Horowitz, and O'Connell (1994), 40.

51. For further discussion, see Brickman, Horowitz, and O'Connell (1994), note 77.