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Books > Law > Jurisprudence & general issues > Law & society
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Confidentiality, Transparency, and the U.S. Civil Justice System (Hardcover)
Loot Price: R3,779
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Confidentiality, Transparency, and the U.S. Civil Justice System (Hardcover)
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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 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
collection of essays by leading legal scholars is the first book to
approach the issue in a multidisciplinary, nonpartisan, and
empirical manner. The essays provide empirical analyses and case
studies of the impact of greater disclosure on various aspects of
the system, ranging from settlement values to fraud, and propose
several novel prescriptions for reform. With special attention to
the emergence of modern mass litigation, the authors identify a
number of benefits to increasing access to information, including
decreased fraud, improved public understanding and confidence in
the system, and lower transactions costs. The authors make policy
recommendations-such as expanding access to existing databases and
using technology to create new databases-that increase transparency
while protecting the need for privacy.
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