Oct 14, 2016 | Book 2, Lead Articles, Print Edition, Volume 49
The adversarial system requires full discovery as an essential element of a fair and accurate litigation process. The parties to litigation must be able to review the entire universe of relevant, and potentially relevant, evidence. Not surprisingly, spoliation—the...
Oct 14, 2016 | Book 2, Lead Articles, Print Edition, Volume 49
Standing is a threshold requirement to bring a cause of action, and requires “two strands: Article III standing, which enforces the Constitution’s case-or- controversy requirement, and prudential standing, which embodies judicially self-imposed limits on the exercise...
