TABLE OF CONTENTS
I. FOREWORD
II. REFLECTING UPON ONE'S ATTITUDINAL BASE
III. BROAD BRUSH STROKES
A. Different Actors, Varying Pressures and Contradictions
B. The Centrality of Openness in a Democracy
C. Countervailing Pressures
1. Protection of Privacy
2. The Protection of Vulnerable Individuals
3. Fair and Objective Conduct of a Trial
4. Public Morals
5. Effective Administration of the Criminal Law
6. State Security
IV. IDENTIFYING STRATEGIES TO DEAL WITH COMPLEX CONFLICTS
A. Doing Nothing: Embracing Ad Hocism
B. Preferring Dichotomy or Imagining Away All the Other Sides of the Dice
C. Entrenching Some Values Over Others
D. The Equal Treatment Solution
E. Searching for Outcomes Which Minimize Infringements
V. AN INVENTORY OF SPECIFIC ISSUES
- Court Closure
- Total closure
- Partial closure
- Publication Bans
- Access to Court by the Media
VI. SITES FOR ACTION AND PROGRESS
- The Common Law: Interpretation and Rule-Making
- Rules of Court
- Judicial Council Statements of Principle
- Selection of Judges
- Continuing Judicial Education
- Judicial Evaluation
- Training and Effective Deployment of Support Staff
- Joint Media and Judiciary Committees
- Joint Conferences and Seminars
- Broadening One's Context
- Regular Postmortems
- Law Reform Commissions
- Input to the Legislative Process
- Judicial Newsletters
- Keeping Abreast of Technological Changes
- Public Visibility of the Judiciary
VII. CONCLUSION
VIII. HYPOTHETICAL PROBLEMS
- First Hypothetical: How Far Is "Too Far"?
- Second Hypothetical: Access to Court Documents, Publication Restrictions and Planning for Explosive Cases
- Third Hypothetical: Keeping the Media Out, Muzzling the Bar and Sanctions for All
- Fourth Hypothetical: Suppressing the Names and News About the Names
- Fifth Hypothetical: Statutory Bans and the Overactive C.J.
- Sixth Hypothetical: The Externalization of Internal Judicial Affairs
- Seventh Hypothetical: The Right to Gather News and Other Defences
IX. ABBREVIATED BIBLIOGRAPHY