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Full-Text Articles in Law
Class Warfare: Why Antitrust Class Actions Are Essential For Compensation And Deterrence, Robert H. Lande
Class Warfare: Why Antitrust Class Actions Are Essential For Compensation And Deterrence, Robert H. Lande
All Faculty Scholarship
Recent empirical studies demonstrate five reasons why antitrust class action cases are essential: (1) class actions are virtually the only way for most victims of antitrust violations to receive compensation; (2) most successful class actions involve collusion that was anticompetitive; (3) class victims’ compensation has been modest, generally less than their damages; (4) class actions deter significant amounts of collusion and other anticompetitive behavior; and (5) anticompetitive collusion is underdeterred, a problem that would be exacerbated without class actions. Unfortunately, a number of court decisions have undermined class action cases, thus preventing much effective and important antitrust enforcement.
A Brief Survey Of The Treatment Of Electronically Stored Information By Federal Agencies, Richard Dauphinais
A Brief Survey Of The Treatment Of Electronically Stored Information By Federal Agencies, Richard Dauphinais
University of Baltimore Law Review
Discovery involving electronically stored information (ESI) in federal court litigation has been a matter of extensive discussion in the legal community. Somewhat less examined has been the treatment of ESI by federal agencies. This article takes a look at how some agencies have addressed issues related to ESI. By the late 1990s, federal court practitioners and judges had recognized that the increased use of computers was generating enormous amounts of ESI. The increase in ESI, in turn, affected litigation because it "expanded exponentially" the "universe of discoverable material." Prior to 2006, the federal courts dealt with the discovery of electronic …