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Bespoke Discovery

Nov. 30, 2018—Bespoke-Discovery AUTHOR: Jessica Erickson

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Seeking Proportional Discovery: The Beginning of the End of Procedural Uniformity in Civil Rules

Nov. 30, 2018—Seeking-Proportional-Discovery-The-Beginning-of-the-End-of-Procedural-Uniformity-in-Civil-Rules AUTHOR: Linda Sandstrom Simard

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Application of the New “Proportionality” Discovery Rule in Class Actions: Much Ado About Nothing

Nov. 30, 2018—Application-of-the-New-“Proportionality”-Discovery-Rule-in-Class-Actions-Much-Ado-About-Nothing AUTHOR: Robert H. Klonoff

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Discovery Disclosure and Deterrence

Nov. 30, 2018—Discovery-Disclosure-and-Deterrence AUTHORS: Sergio J. Campos Cheng Li

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Aligning Incentives and Cost Allocation in Discovery

Nov. 30, 2018—Aligning-Incentives-and-Cost-Allocation-in-Discovery AUTHORS: Jonathan Remy Nash Joanna Shepherd

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A Proposal to End Discovery Abuse

Nov. 30, 2018—A-Proposal-to-End-Discovery-Abuse AUTHOR: Alexandra D. Lahav

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A Plan for Reforming Federal Pleading, Discovery, and Pretrial Merits Review

Nov. 30, 2018—A-Plan-for-Reforming-Federal-Pleading-Discovery-and-Pretrial-Merits-Review AUTHORS: David Rosenberg Anne Brown Jaehyun Oh Benjamin Taylor

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One-Way Fee Shifting After Summary Judgment

Nov. 30, 2018—One-Way-Fee-Shifting-After-Summary-Judgment AUTHOR: Cameron T. Norris

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A Comparative Discussion of Who Pays for Document Discovery in Australia, Canada, Guernsey (Channel Islands), and Singapore and its Effect on Access to Justice

Nov. 30, 2018—A-Comparative-Discussion-of-Who-Pays-for-Document-Discovery-in-Australia-Canada-Guernsey-Channel-Islands-and-Singapore-and-its-Effect-on-Access-to-Justice AUTHORS: Gordon McKee Anne Glover Francis Rouleau

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Discovery and the Social Benefits of Private Litigation

Nov. 30, 2018—Discovery-and-the-Social-Benefits-of-Private-Litigation AUTHOR: Paul Stancil

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Access to Justice, Rationality, and Personal Jurisdiction

Oct. 19, 2018—Access-to-Justice-Rationality-and-Personal-Jurisdiction ABSTRACT: After more than twenty years of silence, the Supreme Court has addressed personal jurisdiction six times over the last six Terms. This Article examines the Court’s recent decisions in terms of their effect on access to justice and the enforcement of substantive law. The Court’s new case law has unquestionably made it harder...

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Administrative Law’s Political Dynamics

Oct. 19, 2018—Administrative-Laws-Political-Dynamics ABSTRACT: Over thirty years ago, the Supreme Court in Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc. commanded courts to uphold federal agency interpretations of ambiguous statutes as long as those interpretations are reasonable. This Chevron deference doctrine was based in part on the Court’s desire to temper administrative law’s political dynamics by...

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Hindsight Bias in Antitrust Law

Oct. 19, 2018—Hindsight-Bias-in-Antitrust-Law AUTHOR: Christopher R. Leslie

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The Jim Crow Jury

Oct. 19, 2018—The-Jim-Crow-Jury ABSTRACT: Since the end of Reconstruction, the criminal jury box has both reflected and reproduced racial hierarchies in the United States. In the Plessy era, racial exclusion from juries was central to the reassertion of white supremacy. But it also generated pushback: a movement resisting “the Jim Crow jury” actively fought, both inside and...

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Bankrupted Slaves

May. 22, 2018—Bankrupted-Slaves ABSTRACT Responsible societies reckon with the pernicious and ugly chapters in their histories. Wherever we look, there exist ever-present reminders of how we failed as a society in permitting the enslavement of millions of black men, women, and children during the first century of this nation’s history. No corner of society remains unstained. As...

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Regulating Fintech

May. 22, 2018—Regulating-Fintech ABSTRACT The financial crisis of 2008 has led to dramatic changes in the way that finance is regulated: the Dodd-Frank Act imposed broad and systemic regulation on the industry on a level not seen since the New Deal. But the financial regulatory reforms enacted since the crisis have been premised on an outdated idea...

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