Foundational and Contemporary Court Confidentiality
Date
2021
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Missouri Law Review
Abstract
Examines the integrated confidentiality system that now pervades American dispute resolution. This Article first considers the structure and impact of court confidentiality. Much of the current system is driven by inertia, tradition, and player incentives (in addition to formal rules). Next, the Article examines some of the existing limitations on court confidentiality and proposes a few alternatives. These proposals include new limitations on private confidentiality agreements for litigation information, an appropriately expanded role for the First Amendment in protective-order disputes, and limitations on umbrella protective orders and sealing orders.
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Rights Availability
Keywords
Dispute resolution, Court confidentiality, Private confidentiality, Protective orders, Umbrella protective orders, Sealing orders, Limits on court confidentiality, Discovery, Good cause
Citation
86 Mo. L. Rev. 211