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Full-Text Articles in Law
The Narrative Of Costs, The Cost Of Narrative, Alexander A. Reinert
The Narrative Of Costs, The Cost Of Narrative, Alexander A. Reinert
Articles
In Judge Victor Marrero’s Article “The Cost of Rules, the Rule of Costs,” he argues that too many lawyers use too many procedural devices to cause too much inefficiency within our civil justice system. His Article helpfully asks us to focus on the role of the lawyer and law firm economics in assessing how to solve waste and abuse in civil litigation. He proposes an array of procedural changes to address these perceived problems. In this response, I argue that Judge Marrero’s assertions about costs are questionable, given relevant empirical evidence. Moreover, although I am confident that there are instances …
Discovery About Discovery: Sampling Practice And The Resolution Of Discovery Disputes In An Age Of Ever-Increasing Information, Charles M. Yablon, Nick Landsman-Roos
Discovery About Discovery: Sampling Practice And The Resolution Of Discovery Disputes In An Age Of Ever-Increasing Information, Charles M. Yablon, Nick Landsman-Roos
Articles
This Article provides the first extended academic consideration of a new practice adopted by an increasing number of courts to resolve e-discovery disputes — the sampling of a small portion of the information sought in backup or other relatively inaccessible files. We provides a comprehensive overview and statistical analysis of contemporary sampling techniques, identifying issues where sampling practice is inconsistent or where additional guidance appears to be required. Our aim is to provide a coherent theoretical approach to the use of sampling, suggesting “best practices” for many unresolved issues, and locating sampling practice within broader contemporary debates about discovery.