Jordan Elias Outlines Law of Public Access to Court Documents
The Journal of Law and Policy has published an article by Jordan Elias of Girard Sharp clarifying the legal principles that govern access to court records.
The article, entitled “More Than Tangential”: When Does the Public Have a Right to Access Judicial Records?, considers a 2016 holding that, absent compelling reasons, courts must unseal evidence submitted with a motion “more than tangentially related” to the merits of the case. Elias describes this as a low standard that applies to many types of motions, including evidentiary exclusion, preliminary injunction, class certification, and, in patent cases, Markman proceedings.
After analyzing the strong policy favoring open records and its history and application, Elias argues that too much litigation is occurring in secret and judges can use the “more than tangential” rule to keep electronic dockets available to citizens.
The Law and Policy article is available for download here.
- “How UChicago’s ‘innovative community’ caught the eye of a top legal scholar” by @UChicagoNews profiles… https://t.co/BN9mf5esRY@AmLawInstSep 20
- American Indian Law Restatement Reporter Matthew LM Fletcher of @MSULaw@ILPCTurtleTalk featured on @acslaw Foundin… https://t.co/mDtmrPA7KJ@AmLawInstSep 17
- Mariano-Florentino Cuéllar @CaSupremeCourt has been named the 10th president of @CarnegieEndow, effective November… https://t.co/h3DS2aUwVc@AmLawInstSep 17
- The summer edition of The ALI Reporter features a Q&A with ALI member Richard G. Feder, highlighting his career and… https://t.co/OYyCQOfBtl@AmLawInstSep 16
- . @UChicagoLaw will host ‘Non-Binding International Agreements: A Comparative Assessment’ on Sept. 23 with… https://t.co/GUDfxwa3gc@AmLawInstSep 15