Confidentiality, transparency, and the U.S. civil justice system
By: edited by Joseph W. Doherty, Robert T. Reville, Laura Zakaras
Publisher: Oxford University Press
Published: 2012
Place of publication: New York
Language: eng
Number of pages: 230
ISBN-13: 9780199914333
Subjects: Confidential communications; Administration of Justice; Law and legislation; Disclosure of information
Description: The lawsuit is the cornerstone of the civil justice system in America, and an open court the foundation of American jurisprudence. Recently, however, more civil disputes have been resolved out of court and the outcomes kept secret. Some argue that the confidentiality of the system keeps it working efficiently and fairly; others argue that the public is being denied information about hazards that may cause harm and that a public system with no data lacks oversight. This book approaches the issue in a multidisciplinary, nonpartisan, and empirical manner.
Notes: Includes bibliographical references and index.
Table of contents: title: Secrecy, settlements and medical malpractice litigation; title: Shedding light on outcomes in class actions; title: Expectations, outcomes and fairness : lessons from the Civil Justice Reform Act evaluation; title: Transparency in the victim compensation fund; title: Understanding mass tort defendant incentives for confidential settlements : lessons from Bayer's cerivastatin litigation strategy; title: Transparency and expert evidence in mass torts : insight from Silica litigation; title: Transparency for civil settlements : NASDAQ for lawsuits?; title: The future of court system transparency; title: Transparency through insurance : mandates dominate discretion.