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Toward A New Federalism In State Civil Justice: Developing A Uniform Code Of State Civil Procedure Through A Collaborative Rule-Making Process, Glenn S. Koppel
Toward A New Federalism In State Civil Justice: Developing A Uniform Code Of State Civil Procedure Through A Collaborative Rule-Making Process, Glenn S. Koppel
Vanderbilt Law Review
There is a sense of "deja vu" to the vision of a uniform body of state procedural law applicable in every state court throughout the nation. "Swift v. Tysons'" dream of a nationally uniform body of state substantive common law that mirrored an evolving body of uniform federal common law never materialized because state courts refused to defer to federal common law, which was applied only in federal court. Swift itself was overturned in 1938 by the Supreme Court's ruling in "Erie Railroad v. Tompkins" that federal courts must defer to the substantive lawmaking authority of state courts. But almost …
The Information Black Hole: Managing The Issues Arising From The Increase In Electronic Data Discovery In Litigation, Tracey L. Boyd
The Information Black Hole: Managing The Issues Arising From The Increase In Electronic Data Discovery In Litigation, Tracey L. Boyd
Vanderbilt Journal of Entertainment & Technology Law
This Note explores the problems that the increase in electronic data discovery has created in litigation. In particular, this Note centers on the issue of cost-allocation involved when discovery includes electronically stored information. Part II of this Note contains a background discussion of the technical and legal aspects of the discovery of electronic information. It examines the different types of electronically stored data, the innate differences between traditional discovery and electronic discovery, and analyzes the Federal Rules of Civil Procedure as they apply to the discovery of electronically stored information. Next, this Note discusses several early cases in which courts …