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SSRN Electronic Journal
Article . 2018 . Peer-reviewed
Data sources: Crossref
https://doi.org/10.31219/osf.i...
Article . 2025 . Peer-reviewed
Data sources: Crossref
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A2J/A2K: Access to Justice, Access to Knowledge, and Economic Inequalities in Open Courts and Arbitrations

Authors: Resnik, Judith;

A2J/A2K: Access to Justice, Access to Knowledge, and Economic Inequalities in Open Courts and Arbitrations

Abstract

The topic of this symposium, Secrecy, suggests a focus on affirmative decisions shutting out the public by sealing records and closing courtrooms. My interest, in contrast, is in a broader set of processes that makes dispute resolution inaccessible and, in that sense, secret. My focus is on the problem of institutional privatization, as contrasted with questions of individuals' personal privacy. The kind of secrecy I discuss here has several sources including the promotion of alternative dispute resolution ("ADR") through in-chambers judicial management and settlement efforts; the design of some online dispute resolution ("ODR") and court-annexed arbitration programs; mandates to outsource dispute resolution to private providers; bans on pursuing relief through class actions; and the costs to individuals of pursuing claims.

Country
United States
Related Organizations
Keywords

340, 330, Law

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    3
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
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    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
3
Average
Average
Average
bronze