Thursday, May 1, 2014
Call for Papers: AALS Section on Litigation
“The Future of Discovery”
AALS Annual Meeting
January 2-5, 2015, in Washington, D.C.
The AALS Section on Litigation will sponsor a panel discussion on “The Future of Discovery” at the January 2015 Annual Meeting of the Association of American Law Schools.
This program focuses on the future of discovery in civil litigation. Premised on a philosophy that parties ought to be able to obtain all relevant, nonprivileged information before trial, the discovery provisions in the original Federal Rules of Civil Procedure ushered in an era of broad discovery. By the 1980s, however, discovery had become a primary focus of litigation reform efforts. Since then, federal rulemakers have devoted recurrent attention to discovery reform. Many argue that additional discovery reform remains critical to reining in excessive burden, cost, and delay of civil litigation. Others assert that discovery does not impose excessive expense or delay in the broad run of cases; they criticize proposals to reduce the scope of discovery or to increase proportionality limits; and they question the impact of discovery changes on particular types of litigation as well as for the civil justice system as a whole. The current proposal to amend the federal discovery rules has deepened the discussion of these issues.
This program will explore the future of discovery. The program will include a speaker selected from this Call for Papers. Eligible papers may address any topic related to the future of civil discovery, including but not limited to, the appropriate role of proportionality in discovery; the empirical bases for reducing discovery or choosing among options for responding to perceived litigation excesses; the potential role of nontranssubstantive rules regarding discovery; the role of discovery sanctions; the impact of previous or proposed amendments to discovery rules; and the efficiencies that may be achieved or the access to justice issues that may arise as the scope of discovery changes. Essay and article length submissions are welcome.
The selected author will participate in the Section’s annual program, which will take place in January 2015, in Washington, D.C. Authors must rely on their own institutions for funding to attend the conference. The Review of Litigation has agreed to publish the selected paper and other articles that are submitted by panel members (subject to final approval of the article by the editors of that publication).
The deadline to submit a draft paper is Tuesday, September 2, 2014. Please submit the draft paper to Bernadette Bollas Genetin, Chair of the Section on Litigation, as an attachment to an e-mail sent to Bernadette Genetin, at firstname.lastname@example.org. The attachment should be in Word, WordPerfect, or PDF format. You will receive confirmation of receipt of your submission within 48 hours of submitting. Submissions will be reviewed by members of the Litigation Section’s Executive Committee. Decisions will be communicated by late September 2014.