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TRANSPARENCY THROUGH INSURANCE: MANDATES DOMINATE DISCRETION

Tom Baker

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

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199914333
eISBN:
9780199980185
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199914333.003.0010
Subject:
Law, Constitutional and Administrative Law

This chapter describes how liability insurance has contributed to the transparency of the civil justice system. It makes three main points. First, much of what we know about the empirics of the civil ... More


How Law Works

Ross Cranston

Published in print:
1993
Published Online:
March 2012
ISBN:
9780199292073
eISBN:
9780191700699
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199292073.001.0001
Subject:
Law, Legal Profession and Ethics

Access to justice, equality before the law, and the rule of law are three fundamental values underpinning the civil justice system. This book examines these values and ... More


Civil Justice Reform in Australia

G. L. Davies

in Civil Justice in Crisis: Comparative Perspectives of Civil Procedure

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198298335
eISBN:
9780191685415
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298335.003.0005
Subject:
Law, Legal Profession and Ethics

The present system of dispute resolution in Australia cannot cope with the increase in the number and classes of litigants and in the complexity of litigation. The system is too labour intensive for ... More


Procedure

Ross Cranston

in How Law Works

Published in print:
1993
Published Online:
March 2012
ISBN:
9780199292073
eISBN:
9780191700699
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199292073.003.0005
Subject:
Law, Legal Profession and Ethics

This chapter describes the implications of the Lord Woolf reforms for settlements, a less adversarial culture and the cost of litigation. In ... More


The Proportionality Principle and the Amount In Controversy

Peter B. Rutledge

in The American Illness: Essays on the Rule of Law

Published in print:
2013
Published Online:
October 2013
ISBN:
9780300175219
eISBN:
9780300195071
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300175219.003.0008
Subject:
Political Science, American Politics

Focusing on the matters of pleading and discovery, this chapter proposes to invigorate the proportionality principle; that is, the discovery costs should be proportional to the amount in controversy. ... More


TO THE EXTENT THAT PARTICIPATION IS A MEASURE OF SUCCESS: TRANSPARENCY IN THE SEPTEMBER 11TH VICTIM COMPENSATION FUND

Robert Reville and Jeremiah Goulka

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

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199914333
eISBN:
9780199980185
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199914333.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter investigates options and tensions in the implementation of transparency policy through a case study of the September 11th Victim Compensation Fund (VCF), a federally funded ... More


EXPECTATIONS, OUTCOMES, AND FAIRNESS: LESSONS FROM THE CIVIL JUSTICE REFORM ACT EVALUATION

Stephen Carroll and Joseph W. Doherty

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

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199914333
eISBN:
9780199980185
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199914333.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter examines how and why litigant attitudes toward the civil justice system might be changed by participation in a court case. Specifically, it tests how expectations and outcomes relate to ... More


Litigation, Cost, Funding, and the Future

John Sorabji and Robert Musgrove

in The Civil Procedure Rules Ten Years On

Published in print:
2009
Published Online:
March 2012
ISBN:
9780199576883
eISBN:
9780191702228
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199576883.003.0011
Subject:
Law, Constitutional and Administrative Law

This chapter examines litigation funding. It addresses how litigation is funded, especially where litigation costs are often disproportionate to the amounts or issues at stake, who funds it, to what ... More


Civil Justice

Thomas O. McGarity

in Freedom to Harm: The Lasting Legacy of the Laissez Faire Revival

Published in print:
2013
Published Online:
October 2013
ISBN:
9780300141245
eISBN:
9780300195217
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300141245.003.0016
Subject:
Economics and Finance, Economic History

This chapter explains that the state common law serves as an institutional counterweight to a regulatory system which is too easily controlled by the very interests it is supposed to be controlling. ... More


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

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

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199914333
eISBN:
9780199980185
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199914333.001.0001
Subject:
Law, Constitutional and Administrative Law

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 ... More


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