Add to ORKGWhen commentators, lawyers, judges, politicians, business people-anyone really-are looking to heap abuse on part of the civil process, they complain about discovery. But in truth, civil discovery is treated cruelly and often misunderstood. This is the case for two reasons. First, we do not know much about what actually happens in civil discovery in different types of cases. As a result, people seem to fill in the gaps of knowledge with their priors, which are, in turn, dependent on a few examples that loom large in their imaginations. Whatever limited reliable evidence about discovery we do have-and it is indeed very limited-is too often ignored in favor of reflexive vilification. Second, critics rarely consider the public benefits of disco...
The proper scope of discovery and the effect of discovery on the costs of litigation in civil cases ...
One need not be a charter member of the Critical Legal Studies Movement (“CLS”) to see a few fundame...
This Article proposes a system in which both parties are provided an opportunity to opt out of disco...
The adoption of the Federal Rules of Civil Procedure worked a revolution in American litigation by i...
This Article takes a critical look at the e-discovery amendments to Rule 26(b)(2) that provide that ...
Discovery practice continues to be the single most troubling element of contemporary procedure. To b...
Patent reform increasingly focuses on discovery. Discovery is perceived as disproportionately expens...
In 1938, the passage of the Federal Rules of Civil Procedure (FRCP) established discovery practice. ...
The burdens and challenges of discovery—especially electronic discovery—are usually associated with ...
In this article, Professor Jeffrey Stempel explores the implications the decision in Haeger v. Goody...
Cases are won and lost in discovery, yet discovery draws little academic attention. Most scholarship...
This article analyzes the costly effect of electronic information on discovery practice and advocate...
Discovery costs have ballooned over the last decade, in large part because attorneys must review vas...
Many lawyers, whether by training or disposition, have come to regard discovery as a process in whic...
In replacing notice pleading with plausibility pleading, the Supreme Court chose to use a pleading s...
The proper scope of discovery and the effect of discovery on the costs of litigation in civil cases ...
One need not be a charter member of the Critical Legal Studies Movement (“CLS”) to see a few fundame...
This Article proposes a system in which both parties are provided an opportunity to opt out of disco...
The adoption of the Federal Rules of Civil Procedure worked a revolution in American litigation by i...
This Article takes a critical look at the e-discovery amendments to Rule 26(b)(2) that provide that ...
Discovery practice continues to be the single most troubling element of contemporary procedure. To b...
Patent reform increasingly focuses on discovery. Discovery is perceived as disproportionately expens...
In 1938, the passage of the Federal Rules of Civil Procedure (FRCP) established discovery practice. ...
The burdens and challenges of discovery—especially electronic discovery—are usually associated with ...
In this article, Professor Jeffrey Stempel explores the implications the decision in Haeger v. Goody...
Cases are won and lost in discovery, yet discovery draws little academic attention. Most scholarship...
This article analyzes the costly effect of electronic information on discovery practice and advocate...
Discovery costs have ballooned over the last decade, in large part because attorneys must review vas...
Many lawyers, whether by training or disposition, have come to regard discovery as a process in whic...
In replacing notice pleading with plausibility pleading, the Supreme Court chose to use a pleading s...
The proper scope of discovery and the effect of discovery on the costs of litigation in civil cases ...
One need not be a charter member of the Critical Legal Studies Movement (“CLS”) to see a few fundame...
This Article proposes a system in which both parties are provided an opportunity to opt out of disco...