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The American IllnessEssays on the Rule of Law$
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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

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PRINTED FROM YALE SCHOLARSHIP ONLINE (www.yale.universitypressscholarship.com). (c) Copyright Yale University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in YSO for personal use.date: 27 September 2021

The Proportionality Principle and the Amount In Controversy

The Proportionality Principle and the Amount In Controversy

(p.175) The Proportionality Principle and the Amount In Controversy
The American Illness

Peter B. Rutledge

Yale University Press

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

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