Research Catalog

Title

Confidentiality, transparency, and the U.S. civil justice system / edited by Joseph W. Doherty, Robert T. Reville, Laura Zakaras.

Publication

Oxford ; New York : Oxford University Press, ©2012.

Items in the Library & Off-site

Details

Additional Authors

• Doherty, Joseph W.
• Reville, Robert T.
• Zakaras, Laura.

Description

xxv, 230 pages : illustrations; 25 cm

Summary

• "This superb book on the American judicial system takes a persuasive new approach to reform. Its arguments are carefully grounded in extensive rigorous empirical data. The book escapes the often shallow ideological argumentation about judicial outcomes to provide a more sophisticated and accurate depiction of the system. While typical analysis examines only the tip, this book evaluates the entire iceberg. I commend it to anyone who wants to truly know how the American litigation system works and how it might be improved." Frank Cross, Herbert D. Kelleher Centennial Professor of Business Law and Professor of Law, University of Texas at Austin School of Law.
• "As these collected essays make clear, the persistent `vanishingtrial' in the United States is a product of more than the absolute and relative decline in the use of completed trials to resolve civil litigation. The growing use of confidentiality agreements further dilutes public access to dispute resolutions. This important book contributes much to the on-going policy debates that engage with the competing costs and benefits to the civil justice system posed by the demands of transparency. Benehtting from an array of methodological approaches, these essays will likely influence policymakers as well as efforts to improve our civil justice system." Michael Heise. Professor of Law, Cornell Law School.
• "This important book explores perhaps the greatest contemporary challenge to the American civil justice system: lack of outward transparency. The essays within contain novel and important insights about how the established trend towards greater opacity affects our civil justice system, dangers that this trend represents, and constrictive reform proposals to address it. The collection deserves a prominent place on the bookshelves of students, researchers, policy makers, and engaged members of the general public." Eric Tallev. Rosalinde a nd Arthur Gilbert Professor of Law and Director of the Berkeley Center for Law, Business, and the Economy, University of California, Berkeley, School of Law --Book Jacket.

Subject

• Justice, Administration of > United States
• Disclosure of information > Law and legislation > United States
• Confidential communications > United States
• Confidential communications
• Disclosure of information > Law and legislation
• Justice, Administration of
• Prozessrecht
• Justizverwaltung
• Kommunikation
• Transparenz
• Vertraulichkeit
• United States
• USA
• USA

Bibliography (note)

• Includes bibliographical references (p. [201]-220) and index.

Contents

Introduction -- Pt. I. Studies using existing databases or novel data collection -- Secrecy, settlements and medical malpractice litigation / Eric Helland and Gia Lee -- Shedding light on outcomes in class actions / Nicholas M. Pace and William Rubenstein -- Expectations, outcomes and fairness : lessons from the Civil Justice Reform Act evaluation / Stephen Carroll and Joseph W. Doherty -- Pt. II. Case studies -- To the extent that participation is a measure of success : transparency in the September 11th victim compensation fund / Robert Reville and Jeremiah Goulka -- Understanding mass tort defendant incentives for confidential settlements : lessons from Bayer's cerivastatin litigation strategy / James Anderson -- Transparency and expert evidence in mass torts : insight from Silica litigation / Lloyd Dixon and Stephen Carroll -- Pt. III : Reform proposals -- Transparency for civil settlements : NASDAQ for lawsuits? / Stephen Yeazell -- The future of court system transparency / Lynn M. LoPucki -- Transparency through insurance : mandates dominate discretion / Tom Baker.

ISBN

• 9780199914333
• 0199914338

LCCN

2011043870

OCLC

• ocn756594681
• 756594681
• SCSB-1648425

Owning Institutions

Princeton University Library