Legal ethicists, advocacy groups, and politicians have called for greater restrictions on the use of nondisclosure agreements (NDAs) when parties resolve sexual assault and sexual harassment claims, and recently broad bans on the use of NDAs have been put in place. However, as shown by the original empirical research reported here, most members of the public see nondisclosure as appropriate in some cases and do not oppose bargaining over privacy. A large-scale survey found that public concern about NDAs depended on a variety of factors, including the level of compensation paid to the claimant to settle a matter, whether both parties had counsel, and whether the NDA contained an exception allowing disclosure if the accused harasses again. Furthermore, most respondents believed that the disclosure of information should be determined on a case-by-case basis, even where the alleged behavior was quite serious. NDA reforms that preserve the right of parties to bargain over privacy but condition that privacy on the accused’s good behavior would better balance private and public interests in sexual harassment information than reforms that bar any use of NDAs.
Supreme Court opinions involving race and the jury invariably open with the Fourteenth Amendment, the Civil Rights Act of 1875, or landmark cases like...
On January 1, 2022, the most radical change to the American jury in at least thirty-five years occurred in Arizona: peremptory strikes, long a feature...
Legal ethicists, advocacy groups, and politicians have called for greater restrictions on the use of nondisclosure agreements (NDAs) when parties...
In recent years, the federal courts have seen a plethora of lawsuits originated by states challenging federal government actions. As a result, there...
This casebook aspires to help students understand and think systematically about the techniques of statutory interpretation. It blends exposition with...
This Essay reports data on the impact of Bruen and its predecessor, Heller, on gun rights cases. Put mildly, the impact was substantial, not only in...
In this paper we investigate whether gender is associated with the content of judicial opinions in the U.S. courts of appeals. Using a topic model...
How should judges decide hard cases involving rights conflicts? Standard debates about this question are usually framed in jurisprudential terms...
Berryessa et al. (2022) consider how prior experience as a criminal prosecutor may influence judicial behaviour, but their concerns about prior...
A federal grand jury in Florida indicted former President Donald Trump on June 8, 2023, on multiple criminal charges related to classified documents...
In our increasingly polarized society, claims that prosecutions are politically motivated, racially motivated, or just plain arbitrary are more common...
The lawyer-client relationship is pivotal in providing access to courts. This paper presents results from a large-scale field experiment exploring how...
Perhaps the most surprising feature of the last Supreme Court term was the extraordinary public discourse on 303 Creative LLC v. Elenis. According to...
Members of the public who are representing themselves in their own legal matters may visit a library seeking legal information. Therefore, the...