Abstract

Public health practice - the prevention of disease and injury and the protection of the population - relies on access to information. Legal practice treats information very differently: it is a weapon: has power and value, and it is rarely yielded without getting something in return. Civil litigation uncovers a great deal of otherwise unavailable information about practices and products which may cause disease and injury. However, common practice in and related to lawsuits, trials, and courts, such as protective orders, sealing orders, and confidential settlement agreements, can deprive public health authorities and the public itself of information that might be helpful to prevent disease, injury, disability, and death. This article describes the important debate about court-sponsored secrecy.

Notes

Originally published in Law and Contemporary Problems, Vol. 68, No. 3, pp. 131-140, Summer 2006.

Disciplines

Law

Publisher

Duke Law School

Publication Date

2006

Rights Information

Copyright 2006 by Daniel J. Givelber and Anthony Robbins.

Rights Holder

Authors retain copyright.

Permanent URL

http://hdl.handle.net/2047/d20002418



Click button above to open, or right-click to save.

Included in

Law Commons

Share

COinS