Miyoko Pettit-Toledo, ‘The Politics of Proportionality in State Civil Rulemaking’, 101 Denver Law Review 641 (2024); James Stone, ‘The Prison Discovery Crisis’, 134 Yale Law Journal 2751 (2025). About thirty years ago, Paul D Carrington observed that the discovery stage of civil litigation is a ‘means of correcting imbalances in … power that are productive of injustice’. Two recent articles – one by Miyoko T Pettit-Toledo and one by James Stone – illustrate the lasting power of that reflection. While each takes on a different aspect of discovery, both pair thoughtful empirical work with probing critical analyses that get at the very real stakes for litigants. And each, in effect, applies a version of the old test for a person’s character by addressing how various discovery systems treat the most vulnerable amongst us … (more)
[Seth Endo, JOTWELL, 28 October 2025]
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