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Full-Text Articles in Law
Has Shoe Run Its Course?, David W. Ichel
State Standing And Cooperative Federalism, Ernest A. Young
State Standing And Cooperative Federalism, Ernest A. Young
Faculty Scholarship
State lawsuits challenging federal policy generally encounter arguments that the states lack standing to sue, either under Article III’s “case or controversy” clause or under various prudential standing doctrines. These arguments have often taken novel forms—such as claims that states’ injuries are “self-inflicted” or offset by other benefits of federal policies—that have few precedents or analogs in the standing jurisprudence governing suits by private individuals. The United States has taken the position, in other words, that states should have special disabilities in filing lawsuits that would not apply to ordinary litigants. Likewise, prominent academics have argued that uniquely narrow standing …
Technology Assisted Review (Tar) Guidelines, Bolch Judicial Institute
Technology Assisted Review (Tar) Guidelines, Bolch Judicial Institute
Bolch Judicial Institute Publications
In the winter of 2016, more than 50 e-discovery experts volunteered to develop and draft guidelines providing guidance to the bench and bar on the use of technology assisted review (TAR).
This document explains the TAR process and offers “best practices,” which are intended to provide a protocol on whether and under what conditions TAR should be used. It provides a strong record and roadmap for the bench and bar, which explain and support the use of TAR in appropriate cases.
As with any group product of this nature, where some consensus must be reached, the drafters and other participants …