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Confidentiality, Transparency, and the U. S. Civil Justice System

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ISBN-10: 0199914338

ISBN-13: 9780199914333

Edition: 2012

Authors: Joseph W. Doherty, Robert T. Reville, Laura Zakaras

List price: $155.00
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Description:

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; others…    
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Book details

List price: $155.00
Copyright year: 2012
Publisher: Oxford University Press, Incorporated
Publication date: 4/24/2012
Binding: Hardcover
Pages: 258
Size: 9.29" wide x 6.42" long x 0.80" tall
Weight: 1.100
Language: English

Joseph W. Doherty is the Director of the Empirical Research Group (ERG) at the UCLA School of Law and the co-Director of the UCLA-RAND Center for Law and Public Policy. He teaches Empirical Legal Studies at UCLA Law. He has co-authored research on bankruptcy with Lynn LoPucki, on the living wage with Richard Sander, on negotiation strategy with Russell Korobkin, on international criminal law with M�ximo Langer and Richard Steinberg, on employment discrimination with Gary Blasi, and on administrative law with Jody Freeman. Prof. Doherty has also published articles on voting behaviour and campaign finance. He has a Ph.D. in political science from UCLA. Robert Reville is a Senior Economist…    

Preface
List of Tables/Figures
Introduction
Declining Transparency
Transparency and Mass Litigation
Empirical Policy Analysis: A Fresh Perspective on Transparency
Overview of Contents
Conclusions and Policy Implications
Studies Using Existing Databases or Novel Data Collection
Secrecy, Settlements, and Medical Malpractice Litigation
Dimensions of the Debate
Information on Medical Malpractice Websites
Description of the Malpractice Claim
Study Approach and Data
Study Findings
Implications
Shedding Light on Outcomes in Class Actions
Introduction
Background
Selected Empirical Studies on Claiming and Distribution Rates
Selected Guidance for Judges Concerning Claiming
What Can Outsiders Learn about Class Action Outcomes?
Turning Up the Lamp
Expectations, Outcomes, and Fairness: Lessons from the Civil Justice Reform Act Evaluation
Theoretical Basis of the Analysis
Background of the Civil Justice Reform Act
Research Approach
Results
The Role of Attorneys
Discussion
Case Studies
To the Extent that Participation is a Measure of Success: Transparency in the September 11th Victim Compensation Fund
Introduction
Transparency Theory
Historical Context of the VCF
The Goals of Targeted Transparency Adopted by the VCF
Criticisms of VCF Transparency
Conclusions
Understanding Mass Tort Defendant Incentives for Confidential Settlements: Lessons from Bayer�s Cerivastatin Litigation Strategy
The Rise and Fall of Cerivastatin
Game-Theoretic Models of Settlement Behavior Help Explain Bayer's Actions
Understanding Why Limited Transparency Was in Bayer's Interest
General Public Welfare Implications of Bayer's Strategy
Conclusions and Policy Implications
Transparency and Expert Evidence in Mass Torts: Insight from Silica Litigation
Research Approach
The Rise and Fall of Silica Litigation
Strategies and Actions That Led to the Discovery of Fraud
Using Transparency to Improve Outcomes in Future Litigation
Conclusion
Reform Proposals
Transparency for Civil Settlements: NASDAQ for Lawsuits?
The Market in Civil Claims
Proposed Solution
Obstacles
Conclusion
The Future of Court System Transparency
Technology's Challenge
Transparency's Benefits
Transparency's Costs
The Political Challenge
Conclusions
Transparency Through Insurance: Mandates Dominate Discretion
Existing Approaches to Transparency Through Liability Insurance
Liability Insurance and Transparency in Selected Civil Justice Areas
Increasing Transparency Through Liability Insurance
Conclusion: Limits on Transparency Through Liability Insurance
References
Literature Cited
Court Cases
Statutes, Constitutions, and Rules
Index