Seeking Proportional Discovery: The Beginning of the End of Procedural Uniformity in Civil Rules
Nov. 30, 2018—Seeking-Proportional-Discovery-The-Beginning-of-the-End-of-Procedural-Uniformity-in-Civil-Rules AUTHOR: Linda Sandstrom Simard
Application of the New “Proportionality” Discovery Rule in Class Actions: Much Ado About Nothing
Nov. 30, 2018—Application-of-the-New-“Proportionality”-Discovery-Rule-in-Class-Actions-Much-Ado-About-Nothing AUTHOR: Robert H. Klonoff
Discovery Disclosure and Deterrence
Nov. 30, 2018—Discovery-Disclosure-and-Deterrence AUTHORS: Sergio J. Campos Cheng Li
Aligning Incentives and Cost Allocation in Discovery
Nov. 30, 2018—Aligning-Incentives-and-Cost-Allocation-in-Discovery AUTHORS: Jonathan Remy Nash Joanna Shepherd
A Proposal to End Discovery Abuse
Nov. 30, 2018—A-Proposal-to-End-Discovery-Abuse AUTHOR: Alexandra D. Lahav
A Plan for Reforming Federal Pleading, Discovery, and Pretrial Merits Review
Nov. 30, 2018—A-Plan-for-Reforming-Federal-Pleading-Discovery-and-Pretrial-Merits-Review AUTHORS: David Rosenberg Anne Brown Jaehyun Oh Benjamin Taylor
One-Way Fee Shifting After Summary Judgment
Nov. 30, 2018—One-Way-Fee-Shifting-After-Summary-Judgment AUTHOR: Cameron T. Norris
A Comparative Discussion of Who Pays for Document Discovery in Australia, Canada, Guernsey (Channel Islands), and Singapore and its Effect on Access to Justice
Nov. 30, 2018—A-Comparative-Discussion-of-Who-Pays-for-Document-Discovery-in-Australia-Canada-Guernsey-Channel-Islands-and-Singapore-and-its-Effect-on-Access-to-Justice AUTHORS: Gordon McKee Anne Glover Francis Rouleau
Discovery and the Social Benefits of Private Litigation
Nov. 30, 2018—Discovery-and-the-Social-Benefits-of-Private-Litigation AUTHOR: Paul Stancil
Chancery Court Declares Corwin is not a “Massive Eraser” for all Fiduciary Wrongdoing
Nov. 2, 2018—Robert S. Reder | 72 Vand. L. Rev. En Banc, 93 | In Re Massey Energy Co. | Chancery Court Declares Corwin is not a “Massive Eraser” for all Fiduciary Wrongdoing | PDF Download Link | Delaware court demands “a far more proximate relationship” between the transaction approved by stockholders and the claims sought to be...
Access to Justice, Rationality, and Personal Jurisdiction
Oct. 19, 2018—Access-to-Justice-Rationality-and-Personal-Jurisdiction ABSTRACT: After more than twenty years of silence, the Supreme Court has addressed personal jurisdiction six times over the last six Terms. This Article examines the Court’s recent decisions in terms of their effect on access to justice and the enforcement of substantive law. The Court’s new case law has unquestionably made it harder...
Administrative Law’s Political Dynamics
Oct. 19, 2018—Administrative-Laws-Political-Dynamics ABSTRACT: Over thirty years ago, the Supreme Court in Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc. commanded courts to uphold federal agency interpretations of ambiguous statutes as long as those interpretations are reasonable. This Chevron deference doctrine was based in part on the Court’s desire to temper administrative law’s political dynamics by...
Hindsight Bias in Antitrust Law
Oct. 19, 2018—Hindsight-Bias-in-Antitrust-Law AUTHOR: Christopher R. Leslie
The Jim Crow Jury
Oct. 19, 2018—The-Jim-Crow-Jury ABSTRACT: Since the end of Reconstruction, the criminal jury box has both reflected and reproduced racial hierarchies in the United States. In the Plessy era, racial exclusion from juries was central to the reassertion of white supremacy. But it also generated pushback: a movement resisting “the Jim Crow jury” actively fought, both inside and...
The Trouble with Corporate Conscience
Oct. 19, 2018—The-Trouble-with-Corporate-Conscience ABSTRACT: Accomplished corporate law scholars claim that modern businesses need an infusion of morality. Disappointed by conventional regulatory responses to recurring corporate scandal, these scholars argue that corporate conscience provides a more fruitful path to systemic economic reform. In Burwell v. Hobby Lobby, which held that for-profit businesses can claim religious exemptions from general...
Common Sense: Rethinking the New Common Rule’s Weak Protections for Human Subjects
Oct. 19, 2018—Common-Sense-Rethinking-the-New-Common-Rule27s-Weak-Protections-for-Human-Subjects ABSTRACT: Since 1991, the Federal Policy for the Protection of Human Subjects, known as the “Common Rule,” has protected the identifiable private information of human subjects who participate in federally funded research initiatives. Although the research landscape has drastically changed since 1991, the Common Rule has remained mostly unchanged since its promulgation. In an...