A Solution to the Spoliation Chaos: Rule 37(e)’s Unfulfilled Potential to Bring Uniformity to Electronic Spoliation Disputes

Alexander B. Hastings · April 2011 79 GEO. WASH. L. REV. 860 (2011) The need to address electronic discovery and the questions that surround this issue becomes more pressing with each passing day. The Judicial Conference Committee on Rules of Practice and Procedure (“Judicial Conference”) recently proposed Rule 37(e) to alleviate the worries of parties...
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The Paradox of McDonald v. City of Chicago

David S. Cohen · April 2011 79 GEO. WASH. L. REV. 823 (2011) On the last day of its 2010 Term, the Supreme Court issued the landmark decision of McDonald v. City of Chicago, holding that the Second Amendment is incorporated against state and local governments. On its face, the 5–4 decision is simple enough,...
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Ethics and Innovation

Charles Silver · February 2011 79 GEO. WASH. L. REV. 754 (2011) Using the familiar insight that principals and agents can jointly gain by reducing agency costs, this Essay argues (1) that lawyers hoping to attract clients should seek to improve the quality of representation in mass tort cases and to signal their reliability and...
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Compared to What?: ALI Aggregation and the Shifting Contours of Due Process and of Lawyers’ Powers

Judith Resnik · February 2011 79 GEO. WASH. L. REV. 628 (2011) A half century ago, class actions were controversial. Aggregation was seen as permissible only under exceptional circumstances that could justify departures from the obligations of individual voice, participation, and control of the then-dominant procedural framework. The adoption in 2009 by the American Law...
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Optimal Class Size, Opt-Out Rights, and “Indivisible” Remedies

David Betson & Jay Tidmarsh · February 2011 79 GEO. WASH. L. REV. 542 (2011) This Article examines the ALI’s proposal to permit opt-out rights when remedies and “divisible,” but not to permit them when remedies are “indivisible.” Starting from the ground up, the Article employs economic analysis to determine what the optimal size of...
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