Work

Discovery as a Compliance Problem

Year: 2024

Type: article

Abstract: The article argues that the discovery process in commercial litigation often becomes dysfunctional due to lawyers' incentives for aggressive advocacy, minimal enforcement of discovery rules, and ample opportunities for motivated reasoning. Drawing parallels to corporate compliance systems, the article proposes a compliance-based approach to reform discovery by emphasizing "culture" and "salience." This approach seeks to align litigators' behavior with their roles as officers of the court and promote civility, supported by consistent judicial enforcement and clearer consequences for misconduct.

Source: Knowledge Commons (Lakehead University)

DOI: 10.17613/2zhd6-fnd77

Author: Maizel, Elise

Institution: Michigan State University

Language: English

Topic: Law, Economics, and Judicial Systems

Subfield: Economics and Econometrics

Field: Economics, Econometrics and Finance

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: green

OpenAlex ID: W7102709628

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