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

Confidentiality, Transparency, and the U.S. Civil Justice System
Author: Joseph W. Doherty
Publisher: Oxford University Press
Total Pages: 259
Release: 2012-04-24
Genre: Law
ISBN: 0199939586

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.

Rebooting Justice

Rebooting Justice
Author: Benjamin H. Barton
Publisher: Encounter Books
Total Pages: 198
Release: 2017-08-01
Genre: Law
ISBN: 1594039348

America is a nation founded on justice and the rule of law. But our laws are too complex, and legal advice too expensive, for poor and even middle-class Americans to get help and vindicate their rights. Criminal defendants facing jail time may receive an appointed lawyer who is juggling hundreds of cases and immediately urges them to plead guilty. Civil litigants are even worse off; usually, they get no help at all navigating the maze of technical procedures and rules. The same is true of those seeking legal advice, like planning a will or negotiating an employment contract. Rebooting Justice presents a novel response to longstanding problems. The answer is to use technology and procedural innovation to simplify and change the process itself. In the civil and criminal courts where ordinary Americans appear the most, we should streamline complex procedures and assume that parties will not have a lawyer, rather than the other way around. We need a cheaper, simpler, faster justice system to control costs. We cannot untie the Gordian knot by adding more strands of rope; we need to cut it, to simplify it.

Rebuilding Justice

Rebuilding Justice
Author: Rebecca Love Kourlis
Publisher: Chicago Review Press - Fulcrum
Total Pages: 0
Release: 2011
Genre: Law
ISBN: 9781555915384

"Institute for the Advancement of the American Legal System."

Goals of Civil Justice and Civil Procedure in Contemporary Judicial Systems

Goals of Civil Justice and Civil Procedure in Contemporary Judicial Systems
Author: Alan Uzelac
Publisher: Springer
Total Pages: 0
Release: 2016-08-27
Genre: Law
ISBN: 9783319347707

This book is a collection of papers that address a fundamental question: What is the role of civil justice and civil procedure in the various national traditions in the contemporary world? The book presents striking differences among a range of countries and legal traditions, but also points to common trends and open issues. It brings together prominent experts, professionals and scholars from both civil and common law jurisdictions. It represents all main legal traditions ranging from Europe (Germanic and Romanic countries, Scandinavia, ex-Socialist countries) and Russia to the Americas (North and South) and China (Mainland and Hong Kong). While addressing the main issue – the goals of civil justice – the book discusses the most topical concerns regarding the functioning and efficiency of national systems of civil justice. These include concerns such as finding the appropriate balance between accurate fact-finding and the right to a fair trial within a reasonable time, the processing of hard cases and the function of civil justice as a specific public service. In the mosaic of contrasts and oppositions special place is devoted to the continuing battle between the individualistic/liberal approach and the collectivist/paternalistic approach – the battle in which, seemingly, paternalistic tendencies regain momentum in a number of contemporary justice systems.

Civil Justice, Privatization, and Democracy

Civil Justice, Privatization, and Democracy
Author: Trevor C.W. Farrow
Publisher: University of Toronto Press
Total Pages: 400
Release: 2014-04-30
Genre: Law
ISBN: 144269503X

Privatization is occurring throughout the public justice system, including courts, tribunals, and state-sanctioned private dispute resolution regimes. Driven by a widespread ethos of efficiency-based civil justice reform, privatization claims to decrease costs, increase speed, and improve access to the tools of justice. But it may also lead to procedural unfairness, power imbalances, and the breakdown of our systems of democratic governance. Civil Justice, Privatization, and Democracy demonstrates the urgent need to publicize, politicize, debate, and ultimately temper these moves towards privatized justice. Written by Trevor C.W. Farrow, a former litigation lawyer and current Chair of the Canadian Forum on Civil Justice, Civil Justice, Privatization, and Democracy does more than just bear witness to the privatization initiatives that define how we think about and resolve almost all non-criminal disputes. It articulates the costs and benefits of these privatizing initiatives, particularly their potential negative impacts on the way we regulate ourselves in modern democracies, and it makes recommendations for future civil justice practice and reform.

Rethinking Case Management and the Process of Civil Justice Reform

Rethinking Case Management and the Process of Civil Justice Reform
Author:
Publisher:
Total Pages: 0
Release: 2023
Genre:
ISBN:

Despite the wide acknowledgment that the American civil justice system has room for improvement in both its fairness and its efficiency, there is not really a culture of experimentation and incremental reform. Yet the case for reform is strong. Around 30 judges, scholars, and other observers of the civil justice system gathered in Santa Monica, California, in November 2021 for the UCLA-RAND Center for Law and Public Policy-sponsored "Rethinking Civil Case Management" conference to discuss how and whether the American civil justice system might develop a stronger culture of experimentation and reform. The focus was on case management-how judges can institute methods and procedures to shape and channel litigation-but more-general issues of civil justice reform regularly surfaced. This publication summarizes the discussions and presents four pieces of scholarship presented during the conference. The participants brought diverse views to the conference, but there was a palpable consensus that a stronger culture of experimentation and reform was a worthwhile and attainable goal. The key to such efforts, it was generally agreed, is close collaboration between teams of judges and scholars to identify worthy innovations to study, to develop good data sources (that can, preferably, be widely shared), to use methodologies that are in some way experimental rather than just observational, and to "evangelize" results. Strong working relationships between judges and scholars make it more likely that judges will seriously pursue the goals of particular reforms and that scholars will correctly understand and interpret the data they are gathering.

Judging Civil Justice

Judging Civil Justice
Author: Hazel G. Genn
Publisher: Cambridge University Press
Total Pages: 229
Release: 2010
Genre: Law
ISBN: 0521118948

A trenchant critique of developments in civil justice that questions modern orthodoxy and points to a downgrading of civil justice.