The recent amendments to Rule 26 of the Federal Rules of Civil Procedure created a two-tiered approach to discovery of electronically stored information (“ESIâ€).
AleJoseph J. Schwerha, Scott Inch
doaj
Edson Sunderland and the Federal Rules of Civil Procedure
T wAs my privilege to be associated with Edson Sunderland for many years in a major endeavor for the improvement of law administration, namely, the framing of the Federal Rules of Civil Procedure. In this association I came to know what a rare spirit he was, how devoted to the public service he had undertaken, and yet withal how gay and charming a ...
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Innocence, Harmless Error, and Federal Wrongful Conviction Law [PDF]
This Article examines the body of law emerging in cases brought by former criminal defendants once exonerated, often through DNA testing, which may fundamentally reshape our criminal justice system.
Garrett, Brandon L.
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University proceedings. Volga region. Social sciences
Background. The article examines the constitutional and legal nature of witness immunity of Russian ombudsmen. The authors conduct a comparative analysis of constitutional legal norms and norms of procedural legislation regarding the regulation of this ...
G.V. Sintsov, D.E. Feoktistov
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Quality Advocacy and the Code of Professional Responsibility, The Ethics of Dilatory Motion Practice: Time for Change [PDF]
One of the goals of the adversary system is to secure the just, speedy, and inexpensive determination of every action. Chief Judge Edelstein maintains that a restriction on dilatory motion practice is needed to secure this goal.
Edelstein, The Honorable David N.
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Identity Crisis: Class Certification, Aggregate Proof, and How Rule 23 May Be Self-Defeating the Policy for Which It Was Established [PDF]
Class actions suits developed in the United States as a form of “group litigation,” an alternative to the impracticability or inequities of separate, individual actions of a similarly situated class of plaintiffs and, eventually, defendants ...
Whitbeck, J. Britton
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Pleading Patents: Predicting the Outcome of Statutorily Heightening Pleading Standards [PDF]
The tension between an extremely barebones Federal Rules of Civil Procedure Form 18 for patent infringement lawsuits and Supreme Court case law through Twombly and Iqbal has made it difficult for courts to dismiss frivolous patent litigation at the ...
Rangarajan, Arjun
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Electronically Stored Information: Balancing Free Discovery With Limits on Abuse [PDF]
The Federal Rules of Civil Procedure (the Rules) have long sought to limit abuses that developed under the traditional presumption favoring free discovery.
Groot, Patricia
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Fighting SLAPPS in Federal Court: Erie, the Rules Enabling Act, and the Application of State anti-SLAPP Laws in Federal Diversity Actions [PDF]
Legislatures across the United States have passed laws to combat strategic lawsuits against public participation (“SLAPPs”)—suits brought solely to harass a party that has exercised protected speech or petitioning activity.
Ernst, Benjamin
core
Class Problem!: Why the Inconsistent Application of Rule 23\u27s Class Certification Requirements During Overbreadth Analysis is a Threat to Litigant Certainty [PDF]
Rule 23 of the Federal Rules of Civil Procedure is home to the class action device. It is well-documented that this rule significantly impacts our legal system. As a result, the need for its effective utilization has been apparent since its introduction.
Berman, David I.
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