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Articles 1 - 3 of 3
Full-Text Articles in Evidence
Error Costs, Legal Standards Of Proof And Statistical Significance, Michelle Burtis, Jonah B. Gelbach, Bruce H. Kobayashi
Error Costs, Legal Standards Of Proof And Statistical Significance, Michelle Burtis, Jonah B. Gelbach, Bruce H. Kobayashi
All Faculty Scholarship
The relationship between legal standards of proof and thresholds of statistical significance is a well-known and studied phenomena in the academic literature. Moreover, the distinction between the two has been recognized in law. For example, in Matrix v. Siracusano, the Court unanimously rejected the petitioner’s argument that the issue of materiality in a securities class action can be defined by the presence or absence of a statistically significant effect. However, in other contexts, thresholds based on fixed significance levels imported from academic settings continue to be used as a legal standard of proof. Our positive analysis demonstrates how a …
Skills & Values: Discovery Practice, David I.C. Thomson
Skills & Values: Discovery Practice, David I.C. Thomson
Sturm College of Law: Faculty Scholarship
Skills & Values: Discovery Practice, Third Edition, is designed to serve as an introduction to the practical application of the discovery rules. The book introduces each discovery topic briefly and then provides a context and structure for exercises and self-study. Skills & Values: Discovery Practice can be used by a professor teaching a full pre-trial course, or one focused just on discovery law. It can be used alone or in conjunction with another pre-trial text, and it can be used with the problem set provided in the appendix or with a professor's own problem set. It also can be …
Just And Speedy: On Civil Discovery Sanctions For Luddite Lawyers, Michael Thomas Murphy
Just And Speedy: On Civil Discovery Sanctions For Luddite Lawyers, Michael Thomas Murphy
All Faculty Scholarship
This article presents a theoretical model by which a judge could impose civil sanctions on an attorney - relying in part on Rule 1 of the Federal Rules of Civil Procedure - for that attorney’s failure to utilize time- and expense-saving technology.
Rule 1 now charges all participants in the legal system to ensure the “just, speedy and inexpensive” resolution of disputes. In today’s litigation environment, a lawyer managing a case in discovery needs robust technological competence to meet that charge. However, the legal industry is slow to adopt technology, favoring “tried and true” methods over efficiency. This conflict is …