‘Discovery and Self-Improvement’

Joanna C Schwartz, Introspection Through Litigation, 90 Notre Dame Law Review 1055 (2015). Opponents of civil litigation portray it as one massive resource suck, focusing on its transaction costs and ignoring its social benefits – not only fair and accurate resolution of disputes, but also the potential for improved compliance with the laws governing civil society. Thus the current round of discovery rule amendments recite the usual claims about the expense of discovery, despite empirical research showing that discovery costs are actually quite modest in most cases. A number of civil procedure academics question the need for those new limits, even considering only costs …” (more)

[Elizabeth Thornburg, JOTWELL, 9 June]

First posted 2015-06-10 05:28:20

Leave a Reply