A Plan For Reforming Federal Pleading, Discovery, And Pretrial Merits Review,
2018
Vanderbilt University Law School
A Plan For Reforming Federal Pleading, Discovery, And Pretrial Merits Review, David Rosenberg, Anne Brown, Jaehyun Oh, Benjamin Taylor
Vanderbilt Law Review
We propose a fundamental restructuring of the federal civil pretrial process to address its great expense and unreliability in resolving cases on their merits-problems largely attributable to discovery. The proposed reforms establish an affirmative-disclosure mandate that sharply reduces the role of discovery by transferring most of the parties' burden of fully revealing discoverable matter, favorable and unfavorable, to their pleadings. To effectuate the new function for pleadings, the reformed process replaces Rules 12(b)(6), (c), and (f) with pretrial merits review conducted exclusively pursuant to the procedures and standards for summary judgment under Rule 56. Responding parties will be required to …
A Comparative Discussion Of Who Pays For Document Discovery In Australia, Canada, Guernsey (Channel Islands), And Singapore And Its Effect On Access To Justice,
2018
Vanderbilt University Law School
A Comparative Discussion Of Who Pays For Document Discovery In Australia, Canada, Guernsey (Channel Islands), And Singapore And Its Effect On Access To Justice, Gordon Mckee, Anne Glover, Francis Rouleau
Vanderbilt Law Review
symposium organized by the Vanderbilt Law Review to discuss the future of discovery in the United States.' More specifically, the topic for discussion was an ongoing debate in the United States about proposals by the U.S. Chamber Institute for Legal Reform and Lawyers for Civil Justice to adopt a "requestor-pays" discovery rule. In a requestor-pays system, each party pays for the discovery it seeks, which includes the costs of discovery belonging to the other parties to the litigation. It is based on the theory that a requestor-pays rule will encourage each party to manage its own discovery expenses and tailor …
Discovery Disclosure And Deterrence,
2018
Vanderbilt University Law School
Discovery Disclosure And Deterrence, Sergio J. Campos, Cheng Li
Vanderbilt Law Review
Courts, practitioners, and scholars have recently expressed concern over the ex post costs of discovery in civil litigation. In this Article, we develop a game theoretic model of litigant behavior to study an overlooked phenomenon-the ex ante effects of discovery on a defendant's incentive to engage in unlawful conduct. We focus on motions to seal, which limit the disclosure of discovered information to the public, but permit disclosure to the court and parties. Specifically, we examine the effect different rules regarding such motions have in deterring defendants from engaging in unlawful behavior. We show that as a rule becomes more …
Opting Out Of Discovery,
2018
Vanderbilt University Law School
Opting Out Of Discovery, Jay Tidmarsh
Vanderbilt Law Review
This Article proposes a system in which both parties are provided an opportunity to opt out of discovery. A party who opts out is immunized from dispositive motions, including a motion to dismiss for failure to state a claim or a motion for summary judgment. If neither party opts out of discovery, the parties waive jury-trial rights, thus giving judges the ability to use stronger case-management powers to focus the issues and narrow discovery. If one party opts out of discovery but an opponent does not, the cost of discovery shifts to the opponent. This Article justifies this proposal in …
A Proposal To End Discovery Abuse,
2018
Vanderbilt University Law School
A Proposal To End Discovery Abuse, Alexandra D. Lahav
Vanderbilt Law Review
When commentators, lawyers, judges, politicians, business people-anyone really-are looking to heap abuse on part of the civil process, they complain about discovery. But in truth, civil discovery is treated cruelly and often misunderstood. This is the case for two reasons. First, we do not know much about what actually happens in civil discovery in different types of cases. As a result, people seem to fill in the gaps of knowledge with their priors, which are, in turn, dependent on a few examples that loom large in their imaginations. Whatever limited reliable evidence about discovery we do have-and it is indeed …
Pub. Emps.’ Ret. Sys. Of Nev., A Pub. Agency V. Nev. Pol’Y Res. Inst. Inc., 134 Nev. Adv. Op. 81 (Oct. 18, 2018) (En Banc),
2018
University of Nevada, Las Vegas -- William S. Boyd School of Law
Pub. Emps.’ Ret. Sys. Of Nev., A Pub. Agency V. Nev. Pol’Y Res. Inst. Inc., 134 Nev. Adv. Op. 81 (Oct. 18, 2018) (En Banc), Daniel Brady
Nevada Supreme Court Summaries
The Court determined that the Nevada Public Records Act requires the government agency to disclose the requested information if: (1) it can be found by searching a database for existing information, (2) it is readily accessible and not confidential, and (3) the alleged risks of disclosure do not outweigh the benefits of the public’s interest in the records.
Law By Non-Lawyers: The Limit To Limited License Legal Technicians Increasing Access To Justice,
2018
Seattle University School of Law
Law By Non-Lawyers: The Limit To Limited License Legal Technicians Increasing Access To Justice, Rebecca M. Donaldson
Seattle University Law Review
For the first time in the American legal profession, non-lawyers can openly, independently, ethically, and legally engage in activities recognized by bar associations as the practice of law. In 2012, the Washington Supreme Court passed Admission and Practice Rule 28 (APR 28), establishing the profession’s first paraprofessional licensing scheme that allows non-lawyers to give legal advice. The process authorizes qualified non-lawyers to provide legal advice without the supervision of a lawyer. Washington’s Supreme Court intends for Limited License Legal Technicians, or “LLLTs” as they are known, to increase access to justice by responding to the unmet civil legal needs of …
Voila! Taking The Judge Out Of Divorce,
2018
Seattle University School of Law
Voila! Taking The Judge Out Of Divorce, Margaret Ryznar, Angélique Devaux
Seattle University Law Review
This Article examines the possibility of non-judicial divorce in the United States based on the French model. Part I begins by examining the recognition of divorce by agreement of the parties in France. Part II analyzes the judicial role in American divorces, and whether it bars either domestic non-judicial divorce or recognition of foreign non-judicial divorce. Part III undertakes a comparative analysis, concluding that the United States may be amenable to non-judicial divorces that occur not only abroad but, eventually, within its own borders.
Childhood Obesity And Positive Obligations: A Child Rights-Based Approach,
2018
Seattle University School of Law
Childhood Obesity And Positive Obligations: A Child Rights-Based Approach, Benedetta Faedi Duramy
Seattle University Law Review
Childhood obesity is one of the most serious current public health challenges. Its prevalence has increased at an alarming rate. The World Health Organization estimated that in 2016 the global number of overweight children under the age of five was over 41 million. Although there is widespread concern about the rising rates of childhood obesity, there is not as much consensus on how to address the problem. Obesity has been mostly considered either a matter of personal responsibility or of parental responsibility when it concerns children. Inadequate attention has been given instead to the obligations borne by States to prevent …
Rodriguez V. Fiesta Palms Llc, 134 Nev. Adv. Op. 78 (Oct. 4, 2018),
2018
University of Nevada, Las Vegas -- William S. Boyd School of Law
Rodriguez V. Fiesta Palms Llc, 134 Nev. Adv. Op. 78 (Oct. 4, 2018), Khaylia Decaires
Nevada Supreme Court Summaries
The Court determined that relief under NRCP 60(b)(1) is appropriate when litigants: (1) promptly apply to remove judgement, (2) not intend to delay proceedings, (3) lack knowledge of procedural requirements; and (4) act in good faith. Further, the Court concluded that a district court must consider the relevant facts, including the difficulties faced by pro se litigants, when determining to grant or deny NRCP 60(b)(1) relief.
Law School News The First Circuit At Rwu Law 10/03/2018,
2018
Roger Williams University School of Law
Law School News The First Circuit At Rwu Law 10/03/2018, Michael M. Bowden, Julia Rubin
Life of the Law School (1993- )
No abstract provided.
Law School News: Appeals Court Hears Labor Arguments At Roger Williams University School Of Law 10-2-2018,
2018
Providence Journal
Law School News: Appeals Court Hears Labor Arguments At Roger Williams University School Of Law 10-2-2018, Katie Mulvaney, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
The Right To Appeal In Comparative Perspective,
2018
University of Arkansas Little Rock
The Right To Appeal In Comparative Perspective, Dražan Djukić
The Journal of Appellate Practice and Process
Appellate procedures regarding the most serious crimes under domestic law are, in general, conducted differently in common law and civil law systems. This article reviews the differences concerning the primary facets of such proceedings, namely prosecutorial rights of appeal, access to appellate review, the scope of appellate review, the admission of additional evidence, appellate decisionmaking powers, and the functions of appellate review. It then explains that these differences result from dissimilar decisionmaking processes, degrees of adherence to the search for the truth, and sources of law.
The Virtues Of Complexity: Judge Marrero's Systemic Account Of Litigation Abuse,
2018
Benjamin N. Cardozo School of Law
The Virtues Of Complexity: Judge Marrero's Systemic Account Of Litigation Abuse, Charles M. Yablon
Cardozo Law Review
No abstract provided.
The Cost Of Rules, The Rules Of Costs,
2018
United States District Judge, Southern District of New York
The Cost Of Rules, The Rules Of Costs, Victor Marrero
Cardozo Law Review
No abstract provided.
Case Comment: Heller V. Uber Technologies Inc.,
2018
Dalhousie University
Case Comment: Heller V. Uber Technologies Inc., Peter Quon
Dalhousie Law Journal
Canadian courts have accepted mandatory arbitration clauses as presumptively enforceable unless there is legislation that precludes their application. This position was confirmed by the Supreme Court in Seidel v. TEL US CommunicationsInc. In Heller v. Uber Technologies Inc., the Ontario Court of Appeal considered an arbitration clause in the context of legislation following the approach in Seidel, but the Court also undertook an unconscionability analysis. Reviewing a motion that was granted to stay a class action proceeding in favour of an arbitration clause, the Court unanimously held that the clause was invalid on two separate grounds. First, the arbitration clause …
Fire, Aim, Ready! Militarizing Animus: “Unit Cohesion” And The Transgender Ban,
2018
Penn State Dickinson Law
Fire, Aim, Ready! Militarizing Animus: “Unit Cohesion” And The Transgender Ban, Eric Merriam
Dickinson Law Review (2017-Present)
President Trump’s currently litigated “transgender ban,” which excludes transgender persons from military service, is premised in part upon a claim that transgender persons’ presence in the military adversely affects “unit cohesion.” This use of identity- based “unit cohesion” as a justification for excluding a group from military service is the latest episode in a long history of the government asserting “unit cohesion” to justify excluding people from military service based on their identities. This Article contends that unit cohesion, when premised on identity, is always an impermissible justification for exclusion from military service because it is unconstitutional animus. Though …
Protecting Women's Rights? Prospects Under The Un Human Rights Treaty System: A Case Study On India 2005-2017,
2018
Dalhousie University Schulich School of Law
Protecting Women's Rights? Prospects Under The Un Human Rights Treaty System: A Case Study On India 2005-2017, Deepali
LLM Theses
The establishment of the United Nations Treaty System was the fundamental step for the protection and enforcement of women’s rights. The system is designed to monitor the human rights standards in countries that have ratified the treaties, called state parties. However, the system is facing several challenges that have compromised its effective working for the protection and enforcement of women’s rights. The thesis seeks to explain the challenges to the effective working of the system, that is, why the system does not work as designed in protecting women’s rights against three specific issues: domestic violence, sexual trafficking, and reproductive rights. …
The Equifax Data Breach And The Resulting Legal Recourse,
2018
Brooklyn Law School
The Equifax Data Breach And The Resulting Legal Recourse, Caitlin Kenny
Brooklyn Journal of Corporate, Financial & Commercial Law
What happens when one’s sensitive information falls into the wrong hands? With the twenty-first century’s advancement of technology comes the increasing problem of data breaches wherein sensitive information is exposed. On September 7, 2017, Equifax, one of three major United States credit reporting agencies announced one of the largest data breaches in the history of the United States. The data breach affected approximately 145 million consumers and subsequently a wave of consumer class actions followed. This Note clarifies why class action lawsuits and arbitration are not viable legal remedies for massive data breaches where entities like credit reporting agencies are …
Peluang Penyelesaian Sengketa Perdata Tentang Tanah Melalui Alternative Dispute Resolution Dengan Asas-Asas Hukum Perjanjian Di Dalamnya,
2018
Faculty of Law Universitas Pendidikan Nasional (UNDIKNAS) Denpasar
Peluang Penyelesaian Sengketa Perdata Tentang Tanah Melalui Alternative Dispute Resolution Dengan Asas-Asas Hukum Perjanjian Di Dalamnya, Made Oka Cahyadi Wiguna
Jurnal Hukum & Pembangunan
The current developments, there are many land disputes that are vertical or horizontal. Issues concerning land affairs are often caused by salim claims over land rights. The intended land dispute is a civil dispute concerning the land. Achieving a win-win solution in the settlement of civil disputes over land is relatively difficult to materialize, if the settlement is resolved through a trial (litigation). The choice of law that can be chosen to obtain and realize a win-win solution in solving civil disputes over land is of course through alternative dispute resolution. By way of negotiation, mediation and conciliation. In the …
