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Full-Text Articles in Law
Rediscovering Discovery: State Procedural Rules And The Level Playing Field, Seymour Moskowitz
Rediscovering Discovery: State Procedural Rules And The Level Playing Field, Seymour Moskowitz
Law Faculty Publications
In the modern era of few trials, the pretrial process is critical to the disposition of most cases. Discovery has been a fiercely debated subject for may years. Many commentators believe that discovery has become too expensive, very time consuming, and often abusive. Others disagree, and articulate an entirely different diagnosis of the problems in our civil justice system. Regardless, the scope of discovery, and the process for undertaking it, create predictable advantages and disadvantages for many types of litigants. Although state courts dispose of the vast majority of cases in the United States, academic writings on procedural matters, particularly …
Opportunities For Obtaining And Using Litigation Reserves And Disclosures, Matthew J. Barrett
Opportunities For Obtaining And Using Litigation Reserves And Disclosures, Matthew J. Barrett
Journal Articles
In late 1975, the accounting and legal professions reached an accord that led to three new professional standards: (1) a new financial accounting rule for contingencies, (2) an auditing standard addressing the requirement that an auditor obtain evidence about an audit client's contingent liabilities to determine whether the client has properly treated those items in its financial statements, and (3) the American Bar Association's Statement of Policy Regarding Lawyers' Responses to Auditors' Requests for Information under that auditing standard. The Commentary that accompanied the Statement of Policy explicitly stated that the organized bar's expectation that communications between lawyers and auditors …
Hired Guns And Smoking Guns: Mccabe V British American Tobacco Australia Ltd, Camille Cameron
Hired Guns And Smoking Guns: Mccabe V British American Tobacco Australia Ltd, Camille Cameron
Articles, Book Chapters, & Popular Press
Significant ethical and procedural issues raised in the case of McCabe v British American Tobacco Australia Services Ltd - history of events leading to the Supreme Court of Victoria decision, particularly the implementation of the controversial 'Document Retention Policy' - procedural issues, including the role and purpose of discovery, nature of the striking out remedy and extent to which the adversarial system might be to blame for some of the conduct of the defence and its solicitors - ethical issues raised in the case - close links between American and Australian tobacco litigation and the influence of American tobacco lawyers …