Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
The Many Legal Institutions That Support Contractual Commitment, Gillian K. Hadfield
The Many Legal Institutions That Support Contractual Commitment, Gillian K. Hadfield
Gillian K Hadfield
One of the fundamental contributions of transaction cost theory and institutional economics has been to focus attention on opening the "black box" of contract enforcement, drawing attention to the institutions required to achieve effective and low-cost contract enforcement. The idea that the effectiveness of contract law is critical to the growth of economic activity is widespread in the literature on development and transition economies. Recent studies attempting to document toe relative strength of contract enforcement in different settings (La Porta, et al., 19982; Djankov, et al., 2003), however, have focused on relatively abstract notions of "courts" and "legal systems" and …
Is E-Discovery So Different That It Requires New Discovery Rules? An Analysis Of Proposed Amendments To The Federal Rules Of Civil Procedure, Henry S. Noyes
Is E-Discovery So Different That It Requires New Discovery Rules? An Analysis Of Proposed Amendments To The Federal Rules Of Civil Procedure, Henry S. Noyes
Henry S. Noyes
The U.S. Judicial Conference Advisory Committee on Civil Rules recommended a package of proposed amendments to the Federal Rules of Civil Procedure to address issues raised by discovery of electronic information. The recommendations were based on the theory that discovery of electronic information is truly different from discovery of non-electronic information and that the differences require a special set of discovery rules. This Article tests the bases for the Advisory Committee's theory and concludes that there are five true differences between discovery of electronic information and discovery of traditional hard copy information, but two of the differences are addressed by …