I point out that the Coase theorem suggests there should not be wasteful discovery, in the sense that the value to the requester is less than the cost to the responder. I use a toy model to show that a sufficiently informed court could design a mechanism under which the Coasean prediction is borne out. I then suggest that the actual information available to courts is too little to effect this mechanism, and I consider alternatives. In discussing mechanisms intended to avoid wasteful discovery where courts have limited information, I emphasize the role of normative considerations
Against this backdrop of the spiraling cost and burden of the discovery process, an issue is percola...
Courts, practitioners, and scholars have recently expressed concern over the ex post costs of discov...
Many observers believe the Supreme Court’s Twombly and Iqbal opinions have curtailed access to civil...
I point out that the Coase theorem suggests there should not be wasteful discovery, in the sense tha...
This paper analyzes the proportionality standard in discovery. Many believe the Advisory Committee\u...
Cases are won and lost in discovery, yet discovery draws little academic attention. Most scholarship...
In this short essay, based on remarks delivered at the 2015 meeting of the AALS Section of Litigatio...
Discovery practice continues to be the single most troubling element of contemporary procedure. To b...
We characterize how the process of publicly-gathering information via discovery affects strategic in...
There has been widespread criticism of the abuse of discovery. \u27 That statement comes not from a ...
In this Article, we explain that either a rule requiring both parties to share the costs of discover...
In this article, Professor Jeffrey Stempel explores the implications the decision in Haeger v. Goody...
Discovery reforms invariably have unexpected consequences. But the growth of electronically stored i...
Over the last two decades, a mature academic literature has developed about how we might use incenti...
The proportionality amendment to the federal discovery rules, which went into effect on December 1...
Against this backdrop of the spiraling cost and burden of the discovery process, an issue is percola...
Courts, practitioners, and scholars have recently expressed concern over the ex post costs of discov...
Many observers believe the Supreme Court’s Twombly and Iqbal opinions have curtailed access to civil...
I point out that the Coase theorem suggests there should not be wasteful discovery, in the sense tha...
This paper analyzes the proportionality standard in discovery. Many believe the Advisory Committee\u...
Cases are won and lost in discovery, yet discovery draws little academic attention. Most scholarship...
In this short essay, based on remarks delivered at the 2015 meeting of the AALS Section of Litigatio...
Discovery practice continues to be the single most troubling element of contemporary procedure. To b...
We characterize how the process of publicly-gathering information via discovery affects strategic in...
There has been widespread criticism of the abuse of discovery. \u27 That statement comes not from a ...
In this Article, we explain that either a rule requiring both parties to share the costs of discover...
In this article, Professor Jeffrey Stempel explores the implications the decision in Haeger v. Goody...
Discovery reforms invariably have unexpected consequences. But the growth of electronically stored i...
Over the last two decades, a mature academic literature has developed about how we might use incenti...
The proportionality amendment to the federal discovery rules, which went into effect on December 1...
Against this backdrop of the spiraling cost and burden of the discovery process, an issue is percola...
Courts, practitioners, and scholars have recently expressed concern over the ex post costs of discov...
Many observers believe the Supreme Court’s Twombly and Iqbal opinions have curtailed access to civil...