I'm in the most embarrassing, impossible situation for a commentator-namely, agreeing fundamentally with what the principal speaker said. In fact, I wrote an article against secret settlements in the GEORGETOWN LAW JOURNAL in 1995. If Monroe Freedman were here, he would explain to us that progress in ideas comes from contention and the testing of hypotheses by marshalling the strongest arguments against them. Since he's not, I will nevertheless take that as my charge. Despite the fact that I agree with Richard on the ethical drawbacks of secret settlements, I'd like to begin by talking about what I think are the strongest arguments on behalf of secret settlements and against a sunshine-in-litigation regime.
"Limiting Secret Settlements by Law,"
Journal of the Institute for the Study of Legal Ethics: Vol. 2
, Article 13.
Available at: http://scholarlycommons.law.hofstra.edu/jisle/vol2/iss1/13