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Cover of: Can Simple Mechanism Design Results be Used to Implement the Proportionality Standard in Discovery?
Jonah B. Gelbach

Can Simple Mechanism Design Results be Used to Implement the Proportionality Standard in Discovery?

Section: Article
Volume 172 (2016) / Issue 1, pp. 200-221 (22)
Published 09.07.2018
DOI 10.1628/093245616X14491404040418
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Summary
I point out that the Coase theorem suggests there should not be wasteful discovery, in the sense that the value to the requester is less than the cost to the responder. I use a toy model to show that a sufficiently informed court could design a mechanism under which the Coasean prediction is borne out. I then suggest that the actual information available to courts is too little to effect this mechanism, and I consider alternatives. In discussing mechanisms intended to avoid wasteful discovery where courts have limited information, I emphasize the role of normative considerations.