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When more isn’t always better: The ambiguity of fully transparent judicial action and unrestricted publication rules

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  • Baumann, Florian
  • Fagan, Frank

Abstract

Unrestricted publication of judicial opinions and full transparency of judicial action are often considered a means to increase information relevant for future litigants and public discourse. In this paper, we analyze a model that captures the potential for unintended consequences of such policies. Under certain conditions, unrestricted publication of judicial opinions, full transparency of judicial behavior at trial and oral argument enabled by telecasting, and other forms of surveillance of judicial behavior may induce judges to obscure their opinions and actions leading to less information for the public over time. Unrestricted publication and full transparency of judicial action should be carefully considered as a policy preference.

Suggested Citation

  • Baumann, Florian & Fagan, Frank, 2023. "When more isn’t always better: The ambiguity of fully transparent judicial action and unrestricted publication rules," International Review of Law and Economics, Elsevier, vol. 75(C).
    • Handle: RePEc:eee:irlaec:v:75:y:2023:i:c:s0144818823000327
    DOI: 10.1016/j.irle.2023.106154
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    References listed on IDEAS

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    More about this item

    Keywords

    Candor; Unsigned; Opinion; Televised; Proceeding;
    All these keywords.

    JEL classification:

    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)
    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process

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