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Full-Text Articles in Law
Federal Rules Update: Rules Amended As Of December 2010, David A. Schlueter
Federal Rules Update: Rules Amended As Of December 2010, David A. Schlueter
Faculty Articles
Amendments to the Federal Rules of Procedure and Evidence become effective three years from initial drafting by an advisory committee. Proposed amendments are considered by the respective advisory committees, then circulated for public comment, and then forwarded to the Judicial Conference’s Standing Committee on Rules. If approved by the Judicial Conference, they are sent to the Supreme Court for any appropriate changes. If Congress makes no changes after approval by the Supreme Court, the amendments automatically become effective December 1. Two proposed amendments in 2010 did not become effective because they were not submitted to Congress under the procedure outlined …
The Anticipation Misconception, Colin P. Marks
The Anticipation Misconception, Colin P. Marks
Faculty Articles
Many commentators and courts have cited to the Supreme Court decision of Hickman v. Taylor as the genesis of the work product doctrine and the requirement that, to be afforded protection, the material in question must be generated “in anticipation of litigation.” The oft quoted policy justification for the protection afforded is that attorneys should be allowed a “zone of privacy” within which to prepare their case for the client. This justification supports limiting protection only to work generated “in anticipation of litigation,” because, presumably, outside of this context there is no need for the “zone of privacy.” However, a …