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Rhodes and Karl Bayer Part Five: Incentives Through Expertise[1] In Part Four we began to discuss solutions (not just problems), and urged that a first step in incentivizing counsel to hold down litigation costs is to have a neutral oversee the process of discovery closely enough (1) to make it in counsel’s interest to act reason­ably in the first place; and (2) to rule on unreasonable demands or failures to respond to discovery quickly, so that they gain no tactical advantage. [read post]
23 Oct 2018, 6:00 am by Sandy Levinson
  (Its approval was by the less-than-inspiring vote of 34-32, and one might surmise that the crucial two votes that precluded yet another rejection by Rhode Islanders was the fact that Congress was threatening to pass a law prohibiting commercial intercourse with the juridically “foreign country” of Rhode Island. [read post]