March 2007 Vol. 105 No. 5 THE REVIEW
ARTICLES

Illuminating Secrecy: A New Economic Analysis of Confidential Settlements

Scott A. Moss

Even the most hotly contested lawsuits typically end in a confidential settlement forbidding the parties from disclosing their allegations, evidence, or settlement amount. Confidentiality draws fierce criticism for harming third parties by concealing serious misdeeds like discrimination, pollution, defective manufacturing, and sexual abuse. Others defend confidentiality as a mutually beneficial pay-for-silence bargain that facilitates settlement, serves judicial economy, and prevents frivolous copycat lawsuits. This debate is based in economic logic, yet most analyses have been surprisingly shallow as to how confidentiality affects incentives to settle. Depicting a more nuanced, complex reality of litigation and settlement, this Article reaches several conclusions that are quite different from the economic conventional wisdom—and absent from the existing literature. 

  READ MORE    //  VIEW PDF

Notification of Data Security Breaches

Paul M. Schwartz & Edward J. Janger
READ MORE    //  VIEW PDF

Transnational Networks and International Criminal Justice

Jenia Iontcheva Turner
READ MORE    //  VIEW PDF
& Other Current Events

Aftermarketfailure: Windows XP's End of Support

"After 12 years, support for Windows XP will end on April 8, 2014." So proclaims a Microsoft website with...

Globally Speaking—Honoring the Victims' Stories: Matsuda's Human Rights Praxis

Globally speaking, international law and the vast majority of domestic legal systems strive to protect...

Toward A Multiple Consciousness of Language: A Tribute to Professor Mari Matsuda

I am thrilled to be part of this commemoration of the twenty-fifth anniversary of Professor Matsuda's...

House Swaps: A Strategic Bankruptcy Solution to the Foreclosure Crisis

Since the price peak in 2006, home values have fallen more than 30 percent, leaving millions of Americans...

Private Control Over Access to the Law: The Perplexing Federal Regulatory Use of Private Standards

To save resources and build on private expertise, federal agencies have incorporated privately drafted...
MAILING LIST
Sign Up to Join Our Mailing List