DISCOVERY IN MODERN TIMES: A VOYAGE AROUND THE COMMON LAW WORLD (OFF-PRINT)
Many of the works I remember influencing me are ones where the author provided a wholly unexpected perspective. This article, which was published at about the same time as I obtained my first academic job - and was the first ‘off-print’ that I ever received, discusses difficult questions about discovery and ‘computer information’, but starts off with a discussion of civil litigation in the mid-nineteenth century. For me the piece really brought home the fact that the contemporary legal rules that I was comfortable discussing were often developed in a very different world, and that their development was often a far more chaotic process than I had imagined.
Citation: (1991) 67 Chicago-Kent Law Review 217
This book was published shortly after I obtained a permanent academic post, and the main way in which it influenced me was by revealing (to me) how little I actually knew about a statutory liability regime that I had been happily teaching to students. I also think that it taught me some very important lessons about the significance of boundaries between liability regimes, the possible effects of changing one part of a complex system, and the extent to which legislators may be unsure exactly what they’re doing or why they’re doing it.