Carl Schneider, JD -- “Can Informed-Consent Laws Work? Evaluating Compelled Disclosure as a Method of Regulation”
Abstract: The law of informed consent is an example of a form of legal regulation called mandated disclosure. In such regulation, one party to a transaction is required to give the other party to the transaction information to use in making decisions about the parties’ relationship. There are hundreds of examples of such legal rules besides medical informed consent. This talk asks how well these rules have worked outside medicine. It concludes that there is little evidence that those rules ever work, explores some of the reasons for this surprising failure, and asks what the failure of mandated disclosure outside medicine tells us about the success of informed-consent laws in medicine.