While I have no doubt of Levin's determination to protect the constitutional rights of American citizens, incremental adjustments and seemingly small compromises, each sensible under the circumstances, can have a cumulative effect that erodes the very liberty we are trying to protect, writes Brian Michael Jenkins.
Judicial salaries have a small but significant effect on the likelihood of exit and thus the length of judicial tenure, and a small effect on the background of judges that join the appellate bench.
The quest for greater transparency in the American civil justice system is the topic of a new book of essays illustrating how a balanced approach to increasing transparency can improve the civil justice system, raise public confidence and protect litigants' privacy.
Some argue that the confidentiality of the civil justice system keeps it working efficiently and fairly; others argue that the public is being denied information about hazards that may cause harm. A balanced approach to increasing transparency can improve the system, raise public confidence, and protect litigants' privacy.
This research brief provides an overview of a collection of essays, a collaborative project by the UCLA-RAND Center for Law and Public Policy, examining the trade-offs between transparency and confidentiality in the civil justice system.
In April 2012, RAND presented, as part of its Distinguished Speaker Series, A Conversation with the Chief Justice of California, Tani Cantil-Sakauye. The Chief Justice shared her insights on a range of issues such as innovative technologies that have been shown to improve efficiencies in the judicial system.
Companies could lower the high cost of large-scale electronic discovery in lawsuits by using a computer application known as predictive coding to reduce the number of documents requiring human review.
According to a RAND study, document review makes up 73 percent of discovery costs. Predictive coding is the most promising option for cutting costs without compromising the quality of the process.
Companies could lower the high cost of large-scale electronic discovery in lawsuits by using a computer application known as predictive coding to reduce the number of documents requiring human review.
A preliminary assessment of the impact of the financial crisis on the civil justice system finds that litigation demands on some parts of the system have increased, that funding for state courts may be trending downward, and that there have been disruptions in the legal services economy, in the provision of legal aid, and in the operation and staffing of courts.
Much of the debate over this bill has focused on the political issue of executive authority versus rule of law. In doing so it has overlooked the indirect and insidious effects the new law may have on the United States' largely successful counterterrorist campaign, writes Brian Michael Jenkins.
RAND Europe has evaluated the world's first Social Impact Bond (SIB), an innovative payment-by-results mechanism to fund public services which aims to reduce reoffending by prisoners. This report presents the initial findings of the evaluation.
At a time when government finances are stretched there is growing interest in finding new ways to fund public services. In 2010 the first ever Social Impact Bond was launched in the UK to provide investors who had funded government interventions for imprisoned offenders with a portion of the resultant savings.
The RAND Institute for Civil Justice (ICJ), a part of the Justice Policy program, conducts research on all aspects of civil justice, from trends in litigation and jury verdicts to punitive damages, compensation systems, and alternative dispute resolution. Directly or indirectly, civil justice issues have an impact on us all.
Asbestos bankruptcy trusts—created to compensate people injured by the mineral—may be influencing tort cases. The current way that the trusts and the tort cases are linked together may result in payments that are not consistent with the basic principles of the tort liability system.
This report presents a system of case weights for estimating the funding and staffing requirements of federal defender organizations, discusses factors that might influence defender time expenditures, and describes how such weights should be used.
Asbestos bankruptcy trusts—created to compensate people injured by the mineral—may be influencing tort cases. The current way that the trusts and the tort cases are linked together may result in payments that are not consistent with the basic principles of the tort liability system.
People with asbestos injuries are increasingly receiving compensation from trusts set up by bankrupt asbestos defendants. This brief documents how courts handling these cases consider trust payments when determining compensation.
In July 2009, the UCLA-RAND Center for Law and Public Policy convened a conference to assess the regulatory implications, effect on dispute resolution, and trends in the development of third-party litigation funding.
