Law Commons^™

There's A Pennoyer In My Foyer: Civil Procedure According To Dr. Seuss, Elizabeth Chamblee Burch

Scholarly Works

This is what it purports to be: a Seussian take on civil procedure. It’s a short, fun essay that covers (1) the iron triangle of civil procedure - the role of lawyers, judges, and juries, and (2) prominent civil procedure doctrines, such as personal jurisdiction, Erie, pleading, discovery, and joinder.

Lilly Ledbetter, Take Two: The Lilly Ledbetter Fair Pay Act Of 2009 And The Discovery Rule's Place In The Pay Discrimination Puzzle, Nancy Zisk

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Managing The Unmanageable: A Brief Accounting Of A Special Master’S Thirty Years Of Experience In Complex Litigation, Paul Rice

Articles in Law Reviews & Other Academic Journals

Managing an efficient, but fair, pretrial process in a large and complex case has always been a challenge. With the advent of electronic communications and the corresponding explosion of privilege claims, this challenge has become significantly more difficult. Indeed, it is not uncommon for corporate parties to assert tens of thousands, if not hundreds of thousands, of privilege claims. Furthermore, the resolution of these privilege questions is often compounded by difficult choice of law questions that can have the result of different substantive principles being applied to identical discovery demands originating in different jurisdictions. Additionally, before addressing the increasingly voluminous …

Which Party Pays The Costs Of Document Disclosure?, Patrick M. Connors

Pace Law Review

No abstract provided.

An Indigenous Lens Into Comparative Law: The Doctrine Of Discovery In The United States And New Zealand, Robert J. Miller, Jacinta Ruru

West Virginia Law Review

No abstract provided.

Corporate Cooperation Through Cost-Sharing, Nicola Faith Sharpe

Michigan Telecommunications & Technology Law Review

Applying a game-theoretic approach based on the classic prisoners' dilemma provides valuable insights into corporate managers' decision-making incentives under existing discovery rules. It demonstrates that the fee structure imposed by current discovery rules leads to inefficiency and motivates corporate litigants on either side of a controversy to employ abusive discovery practices, although each party would benefit from cooperation. Using this framework, this Article shows how a cost-sharing regime can motivate litigants to engage in cooperative discovery and, as a consequence, facilitate more efficient and less abusive discovery practices. To date, scholars, who have posited that cooperative behavior in the discovery …

Nix V. Williams And The Inevitable Discovery Exception: Creation Of A Legal Safety Net, Tom N. Mcinnis

Saint Louis University Public Law Review

No abstract provided.

Help Wanted: Seeking One Good Appellate Brief That Forces The Arkansas Supreme Court To Clarify Its Criminal Discovery Jurisprudence, Brian Gallini

School of Law Faculty Publications and Presentations

This Essay first argues that Arkansas has yet to conclusively articulate when a prosecutorial suppression of evidence in response to defense counsel's discovery request violates either the federal or state due process clauses, or the state rules of criminal procedure. More importantly, however, this Essay contends that the Arkansas Supreme Court should require prosecutors to turn over all statements in response to a specific discovery request even if those statements are only arguably “material” and “favorable to the accused.” Doing so would provide to defendants more protection pursuant to the Arkansas Constitution than they now enjoy under the Federal Constitution.Part …

Vol. Xiv, Tab 51 - Google's Objection To Evidence And Motion To Strike, Google

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Victor Stanley, Inc. V. Creative Pipe, Inc.: How To Utilize Rule 502 To Prevent Inadvertent Disclosure And Reduce Discovery Costs In An Age Of Electronically Stored Information, Michael J. Christin

Maryland Law Review Online

No abstract provided.

Litigation Discovery Cannot Be Optimal But Could Be Better: The Economics Of Improving Discovery Timing In A Digital Age, Scott A. Moss

Publications

Cases are won and lost in discovery, yet discovery draws little academic attention. Most scholarship focuses on how much discovery to allow, not on how courts decide discovery disputes--which, unlike trials, occur in most cases. The growth of computer data--e-mails, lingering deleted files, and so forth--increased discovery cost, but the new e-discovery rules just reiterate existing cost-benefit proportionality limits that draw broad consensus among litigation scholars and economists. But proportionality rules are impossible to apply effectively; they fail to curb discovery excess yet disallow discovery that meritorious cases need. This Article notes proportionality's flaws but rejects the consensus blaming bad …

One May V. The 800-Pound Gorilla: An Argument For Truly Just Compensation In Condemnation Proceedings, Allison Minton

West Virginia Law Review

No abstract provided.

Balancing The Pleading Equation, Paul Stancil

Faculty Scholarship

Pleading standards present a tale of two asymmetries. The first is informational: Plaintiffs don't know as much as defendants about defendants' alleged wrongful behavior. Given that, a liberal pleading standard may be sensible; overly demanding pleading standards may ultimately deny justice to worthy plaintiffs who cannot know critical details of their claims before filing.

But informational asymmetry is sometimes counterbalanced by a competing cost asymmetry. In certain circumstances, the cost of litigation is radically different for plaintiffs and defendants. The primary driver of this disparity is liberal discovery; in certain kinds of cases - consumer antitrust cases, for example: defendants' …

Arbitration And Choice: Taking Charge Of The 'New Litigation', Thomas J. Stipanowich

Thomas J. Stipanowich

Despite meaningful efforts to promote better practices and ensure quality among arbitrators and advocates, criticism of American arbitration is at a crescendo. Much of this criticism stems from the fact that arbitration under standard procedures has taken on the trappings of litigation - extensive discovery and motion practice, highly contentious advocacy, long cycle time and high cost. Paradoxically, concerns about the absence of appeal on the merits in arbitration have caused some to craft provisions calling for judicial review for errors of law or fact in awards. It is time to return to fundamentals in American arbitration. Those who seek …

Help Wanted: Seeking One Good Appellate Brief That Forces The Arkansas Supreme Court To Clarify Its Criminal Discovery Jurisprudence, Brian Gallini

Brian Gallini

There's A Pennoyer In My Foyer: Civil Procedure According To Dr. Seuss, Elizabeth Chamblee Burch

Elizabeth Chamblee Burch

There’s A Pennoyer in My Foyer: Civil Procedure According to Dr. Seuss is what it purports to be: a Seussian take on civil procedure. It’s a short, fun essay that covers (1) the iron triangle of civil procedure—the role of lawyers, judges, and juries, and (2) prominent civil procedure doctrines, such as personal jurisdiction, Erie, pleading, discovery, and joinder.