Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Legal History
Twisting The Purposes Of Discovery: Expert Witnesses And The Deposition Dilemma, Steven D. Parman
Twisting The Purposes Of Discovery: Expert Witnesses And The Deposition Dilemma, Steven D. Parman
Vanderbilt Law Review
The system of discovery that the Federal Rules establish theoretically entitles all parties in civil actions, prior to commencement of trial, to disclosure of all relevant nonprivileged information in he possession of any person. Thus, federal discovery rules should not force litigants to choose between failing to depose a party-opponent's expert witness and thereby preparing inadequately for trial, and deposing the expert witness and consequently risking that opposing counsel will use the deposition against him at trial without the benefit of cross-examination. Part H of this Note reviews common law disagreement over the appropriateness of expert witness discovery and the …
The American Codification Movement, A Study Of Antebellum Legal Reform, Robert W. Gordon
The American Codification Movement, A Study Of Antebellum Legal Reform, Robert W. Gordon
Vanderbilt Law Review
Between 1820 and 1850 American legal commentators became obsessed with whether legislatures should codify, either in whole or in part, the common law of the American states. Indeed, "[a]lmost every law writer after 1825 felt compelled to include his views [on codification] in his works of whatever sort."" The enormous literature that emerged from this period survives today to fascinate modern legal historians, who seem to have developed their own obsession for the "codification" issue. As Lawrence Friedman has said, "The codification movement is one of the set pieces of American legal history." Charles M. Cook's "The American Codification Movement: …