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Full-Text Articles in Law
Scope Of Discovery Against The United States, Mac Asbill, Willis B. Snell
Scope Of Discovery Against The United States, Mac Asbill, Willis B. Snell
Vanderbilt Law Review
In the interpretation and application of the discovery provisions of the Federal Rules of Civil Procedure, one of the most controversial problems is the extent to which discovery is available against the United States when it is a party to an action. Undeniably, the Government is entitled to use the discovery procedures, and it has not hesitated to do so; however, it has often fought vigorously the use of the same procedures against it. At one time the Government argued unsuccessfully that it was entirely exempt from the discovery provisions of the Rules. It has apparently abandoned this argument, but …
Some Bugaboos In Pre-Trial, Alfred P. Murrah
Some Bugaboos In Pre-Trial, Alfred P. Murrah
Vanderbilt Law Review
In view of all that has been written and said for pre-trial conference,' it seems rather superfluous, if not presumptuous, to undertake to add to or enlarge upon the subject. Indeed, it might be efficacious to heed Judge Clark's suggestion that the procedural cause would be better served "if something could be done to stop us judges ... from publishing what we say" about the Rules. But even at the risk of overstating the case, those who have enlisted for the duration' never forego an opportunity to strike a blow on the side of simplified procedure. Pre-trial practice has been …