Jump to ContentJump to Main Navigation
The American IllnessEssays on the Rule of Law$
Users without a subscription are not able to see the full content.

F. H. Buckley

Print publication date: 2013

Print ISBN-13: 9780300175219

Published to Yale Scholarship Online: October 2013

DOI: 10.12987/yale/9780300175219.001.0001

Show Summary Details
Page of

PRINTED FROM YALE SCHOLARSHIP ONLINE (www.yale.universitypressscholarship.com). (c) Copyright Yale University Press, 2017. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in YSO for personal use (for details see http://www.yale.universitypressscholarship.com/page/privacy-policy).date: 12 December 2017

The Proportionality Principle and the Amount In Controversy

The Proportionality Principle and the Amount In Controversy

Chapter:
(p.175) The Proportionality Principle and the Amount In Controversy
Source:
The American Illness
Author(s):

Peter B. Rutledge

Publisher:
Yale University Press
DOI:10.12987/yale/9780300175219.003.0008

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. It begins with a discussion of the normative vision of the goals that civil dispute resolution should aspire. The extent to which the civil justice system achieves or fails to achieve these goals is explored. The chapter also examines some of the current proposals for civil justice reform and their weaknesses.

Keywords:   pleading, discovery, proportionality principle, discovery costs, civil dispute resolution, civil justice system, civil justice reform

Yale Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us.