Volumes Category
Federal Regulation of Third-Party Litigation Finance
Mar. 30, 2019—Federal-Regulation-of-Third-Party-Litigation-Finance Third-party litigation finance has become a powerful and influential industry that will continue to play a significant role in shaping the legal landscape for years to come. The opportunities—and challenges—introduced by this burgeoning industry are legion, and with them has come a swath of disparate state regulations. These regimes have failed to balance important...
Regulating Offshore Finance
Jan. 28, 2019—Regulating-Offshore-Finance From the Panama Papers to the Paradise Papers, massive document leaks in recent years have exposed trillions of dollars hidden in small offshore jurisdictions. Attracting foreign capital with low tax rates and environments of secrecy, a growing number of offshore jurisdictions have emerged as major financial havens hosting thousands of hedge funds, trusts, banks,...
Wealth-Based Penal Disenfranchisement
Jan. 28, 2019—Wealth-Based-Penal-Disenfranchisement This Article offers the first comprehensive examination of the way in which the inability to pay economic sanctions—fines, fees, surcharges, and restitution—may prevent people of limited means from voting. The Supreme Court has upheld the constitutionality of penal disenfranchisement upon conviction, and all but two states revoke the right to vote for at least...
Boilerplate and the Impact of Disclosure in Securities Dealmaking
Jan. 28, 2019—Boilerplate-and-the-Impact-of-Disclosure-in-Securities-Dealmaking Capital markets dealmaking, like many kinds of business transactions, is built on a foundation of copied and recycled language—what many call boilerplate. Regulators and the bar periodically call for less reliance on boilerplate, but despite these pressures, boilerplate remains a fixture of ever-growing securities disclosures. This Article explores why boilerplate persists and how it...
Disclosing Prosecutorial Misconduct
Jan. 28, 2019—Disclosing-Prosecutorial-Misconduct Prosecutorial misconduct in the form of Brady violations continues to plague the criminal justice system. Brady misconduct represents a fundamental breakdown in the adversarial process, denying defendants a fair trial and undermining the legitimacy of the criminal justice system. Commentators have responded by proposing a range of reforms to increase Brady compliance. Yet these...
Penile Polygraphy: The Admissibility of Penile Plethysmography Results at Sentencing in Tennessee
Jan. 28, 2019—Penile-Polygraphy-The-Admissibility-of-Penile-Plethysmograph-Results-at-Sentencing-in-Tennessee State judges in Tennessee currently consider the results of penile plethysmograph (“PPG”) evaluations when sentencing convicted sex offenders. These highly intrusive physical tests purport to identify whether an offender’s arousal is considered “deviant” by measuring the change in penis size after viewing various stimuli. Because the results are usually buried in psychosexual evaluations that...
Extinguishing the Firewall: Addressing the Jurisdictional Challenges to Bringing Cyber Tort Suits Against Foreign Sovereigns
Jan. 28, 2019—Extinguishing-the-Firewall-Addressing-the-Jurisdictional-Challenges-to-Bringing-Cyber-Tort-Suits-Against-Foreign-Sovereigns The rapid advancement of technology has resulted in new forms of tortious activity. Increasingly, these cyber torts are perpetrated by foreign states. Notwithstanding other barriers to collecting damages for a cyber tort, a plaintiff suing for a foreign-state-perpetrated cyber tort must prove that the alleged tortious activity satisfies one of the Foreign Sovereign Immunities...
Introduction: Reflections on the Future of Discovery in Civil Cases
Nov. 30, 2018—Introduction-Reflections-on-the-Future-of-Discovery-in-Civil-Cases AUTHOR: Honorable Paul W. Grimm
How We Got Here: A Brief History of Requester-Pays and Other Incentive Systems to Supplement Judicial Management of Discovery
Nov. 30, 2018—How-We-Got-Here-A-Brief-History-of-Requester-Pays-and-Other-Incentive-Systems-to-Supplement-Judicial-Management-of-Discovery AUTHOR: E. Donald Elliott
Discovery Cost Allocation, Due Process, and the Constitution’s Role in Civil Litigation
Nov. 30, 2018—Discovery-Cost-Allocation-Due-Process-and-the-Constitution’s-Role-in-Civil-Litigation AUTHOR: Martin H. Redish
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