Point/Counterpoint

U.S. dollars in a jar

Discovery Cost Shifting: Has Its Time Come?

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Autumn 2015 | Volume 99 Number 2

Since at least 1990, a few courts have shifted payment of discovery costs to the requesting party either under their general case- management authority or as part of a Rule 26 […]

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Doing Discovery Right

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Summer 2015 | Volume 99 Number 1

Judge Leon Holmes and Magistrate Judge Craig Shaffer compare the merits of proactive versus passive pretrial judicial discovery management. Significant proposed discovery amendments will take effect on Dec. 1, 2015, […]

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Claims-Made Class-Action Settlements

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Winter 2015 | Volume 99 Number 3

Many of us have received notice, by mail or by newspaper, of a class-action settlement on behalf of consumers who may unwittingly be claimants in a suit asserting that a […]

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Criticizing the Court: How opinionated should opinions be?

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Fall/Winter 2021-22 | Volume 105 Number 3

The Supreme Court is, naturally, supreme. And in the vast majority of cases, lower courts dutifully enforce the law handed down by the Court without criticism or conversation. Sometimes, however, […]

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Jurors Asking Questions

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Spring 2016 | Volume 100 Number 1

In some courtrooms, the practice of allowing jurors to pose questions to witnesses is gaining traction. Questioning witnesses allows jurors to clarify information and better understand the evidence and arguments […]

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Point-Counterpoint: Rethinking Mandatory Disclosure

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Summer 2016 | Volume 100 Number 2

In 1991, the Advisory Committee on Civil Rules published for public comment proposed amendments to FRCP 26(a)(1) that would mandate disclosure of documents and tangible things that “significantly bear on […]

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The Privacy-Protection Hook in the Federal Rules

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Summer 2021 | Volume 105 Number 2

With the proliferation of social media platforms and other new technologies has come a renewed legal focus on privacy. Most of that focus has centered on data collection, storage, sharing, […]

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The Burden of Privacy In Discovery

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Summer 2021 | Volume 105 Number 2

With the proliferation of social media platforms and other new technologies has come a renewed legal focus on privacy. Most of that focus has centered on data collection, storage, sharing, […]

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Plausibly a plus? Two attorneys discuss the Twiqbal effect

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Autumn 2016 | Volume 100 Number 3

It has been more than five years since the Supreme Court set a new pleading standard with landmark decisions in Bell Atlantic v. Twombly in 2007 and Ashcroft v. Iqbal in 2009. Since Twiqbal, as […]

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The Role of Civil Forfeiture: Are Forfeiture-of-Assets Proceedings Fair or in Need of Reform?

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Winter 2016 | Volume 100 Number 4

Under federal law, property is forfeited if it is contraband, if it is an instrumentality of a criminal offense, or if it is constituting, derived from, or traceable to any […]

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