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Recent Posts in ESI Blogs Category

  • Down on the Farm, the Rules are Changing

    A few days later, when the terror caused by the executions had died down, some of the animals remembered — or thought they remembered — that the Sixth Commandment decreed “No animal shall kill any other animal.” And though no one cared to mention it in the hearing of the pigs or the dogs, it was felt that the killings which had taken place did not square with this. Clover asked Benjamin to read ...
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  • Proposed FRCP 37(e); "Perverse Incentives and Sloppy Behavior"

    This is my second post in a series about the pending amendments to the FRCP. I began with commentary on the proposed amendment to FRCP 26(b)(1), which would narrow the scope of discovery. On to FRCP 37(e). First, the text of the amendment. Added text, deleted text. Rule 37. Failure to Make Disclosures or to Cooperate in Discovery; Sanctions (e) Failure to Provide Electronically Stored Information. ...
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  • Proposed FRCP Amendments; The Emperor's New Clothes

    “The only thing necessary for the triumph of evil is for good men [and women] to do nothing.” While the origin of the saying is muddled, the message should be clear and familiar. It speaks of our responsibility to bind together in furtherance of justice, and the inevitable consequences of complacency; our duty to make our voices heard, rather than sit idly by while liberty is threatened. It is a ...
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