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Full-Text Articles in Law
Quality Of Settlements, The, Marc Galanter
Quality Of Settlements, The, Marc Galanter
Journal of Dispute Resolution
When I was a law student, some 30 years ago, I don't recall hearing much about settlement. I am sure that my teachers knew there were a lot of settlements, but they were not worthy of much attention. They were part of the realm of practical nuts and bolts detail that lay outside learning about the law; law school was about cases that were adjudicated.
Setback For The Public Policy Of Encouraging Settlements - Bank Of America National Trust & (And) Savings Association V. Hotel Rittenhouse Associates, A, Cynthia A. Deiters
Setback For The Public Policy Of Encouraging Settlements - Bank Of America National Trust & (And) Savings Association V. Hotel Rittenhouse Associates, A, Cynthia A. Deiters
Journal of Dispute Resolution
The advent of the "litigation explosion" has caused the legal community to adopt an alternative dispute-resolving policy of encouraging settlement negotiations. The Federal Rules of Evidence reflect this policy by expressly making evidence of settlement negotiations inadmissible at trial in an attempt to encourage frank discussion during settlement negotiations., In Bank of America National Trust & Savings Association v. Hotel Rittenhouse Associates,3 a majority decision by the Court of Appeals for the Third Circuit dealt this policy a crippling blow. The court held that the long-standing common law right of access to judicial records overcame this policy of encouraging settlements.' …