Confidentiality, transparency, and the u s civil justice system


Language: Anglais
Cover of the book Confidentiality, transparency, and the u s civil justice system

Subjects for Confidentiality, transparency, and the u s civil justice...

165.58 €

In Print (Delivery period: 14 days).

Add to cartAdd to cart
Publication date:
258 p. · 16.2x24.2 cm · Hardback
The lawsuit is the cornerstone of the civil justice system in America, and an open court the foundation of American jurisprudence. In a public setting, we resolve disputes, determine liability, and compensate injuries. In recent decades, however, more civil disputes have been resolved out of court and the outcomes have been kept secret. Fewer than 5 percent of the tens of millions of injury claims annually are actually resolved through a public trial with a jury, and the vast majority are settled out of court or through private forums, such as mediation or arbitration, with undisclosed terms. Some argue that the confidentiality of the system keeps it working efficiently and fairly
INTRODUCTION. PART I. STUDIES USING EXISTING DATABASES OR NOVEL DATA COLLECTION. CHAPTER 1. Secrecy, Settlements and Medical Malpractice Litigation (Eric Helland aamp, Gia Lee). CHAPTER 2. Shedding Light on Outcomes in Class Actions (Nicholas M. Pace aamp, William Rubenstein). CHAPTER 3. Expectations, Outcomes and Fairness: Lessons from the Civil Justice Reform Act Evaluation (Stephen Carroll aamp, Joseph W. Doherty). PART II: CASE STUDIES. CHAPTER 4. Transparency in the Victim Compensation Fund (Jeremiah Goulka aamp, Robert Reville). CHAPTER 5. Understanding Mass Tort Defendant Incentives for Confidential Settlements: Lessons from Bayer's Cerivastatin Litigation Strategy (James Anderson). CHAPTER 6. Transparency and Expert Evidence in Mass Torts: Insight from Silica Litigation (Lloyd Dixon aamp, Stephen Carroll). PART III: REFORM PROPOSALS. CHAPTER 7. Transparency for Civil Settlements: NASDAQ for Lawsuits? (Stephen Yeazell). CHAPTER 8. The Future of Court System Transparency (Lynn M. LoPucki). CHAPTER 9. Transparency Through Insurance: Mandates Dominate Discretion (Tom Baker). REFERENCES.