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Full-Text Articles in Law
Information For The Common Good In Mass Torts, Elizabeth Chamblee Burch, Alexandra D. Lahav
Information For The Common Good In Mass Torts, Elizabeth Chamblee Burch, Alexandra D. Lahav
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In recent years, judges have privileged confidentiality over transparency in discovery, especially in large scale multidistrict litigation such as the Opiate litigation. By uncovering the assumptions underlying our current regime, this Article sheds light on the process that got us here as a first step towards re-envisioning the rules governing information in litigation. We investigate an untold history of discovery’s publicity to show that many of our assumptions about what is public and what is private is historically contingent, even accidental. So too are our assumptions about the best way to arrive at truth.
Accordingly, we suggest that courts ought …
Diversity In Mdl Leadership: A Field Guide, Elizabeth Chamblee Burch
Diversity In Mdl Leadership: A Field Guide, Elizabeth Chamblee Burch
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Multidistrict litigation (MDL) includes some of the most high-profile torts of our day—opioids, talc, RoundUp, to name a few—but the attorneys who spearhead these proceedings often look a lot like they did fifty years ago: predominately white and predominately male.
A debate has emerged over whether attorneys best positioned to fill MDL leadership roles are the grizzled repeat players who appear time and again—and who are largely white, older, and male—or newcomers with fresh ideas and energy who may not always look like their predecessors. And if diversity is important, what kind of diversity matters?
In this short essay, I …