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The Proportionality Principle and the Amount In Controversy

Peter B. Rutledge

in The American Illness: Essays on the Rule of Law

Published in print:
2013
Published Online:
October 2013
ISBN:
9780300175219
eISBN:
9780300195071
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300175219.003.0008
Subject:
Political Science, American Politics

Focusing on the matters of pleading and discovery, this chapter proposes to invigorate the proportionality principle; that is, the discovery costs should be proportional to the amount in controversy. ... More


The Allocation of Discovery Costs and the Foundations of Modern Procedure

Martin H. Redish

in The American Illness: Essays on the Rule of Law

Published in print:
2013
Published Online:
October 2013
ISBN:
9780300175219
eISBN:
9780300195071
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300175219.003.0009
Subject:
Political Science, American Politics

This chapter discusses the problem of discovery costs and the cost allocation model and control of excessive discovery. It discusses the proposal of allocating all discovery costs to the plaintiff. ... More


The Innovation Problem

Jason Potts

in Innovation Commons: The Origin of Economic Growth

Published in print:
2019
Published Online:
August 2019
ISBN:
9780190937492
eISBN:
9780190937539
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190937492.003.0002
Subject:
Economics and Finance, Development, Growth, and Environmental, Microeconomics

Explains the nature of the innovation problem as an economic problem in the context of economic trade and long-run growth. Distinguishes between a market failure definition of the innovation problem ... More


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