William H. J. Hubbard is the Professor of Law at the University of Chicago Law School and editor of the Journal of Legal Studies. He teaches courses in civil procedure and has been an organizer for the Law and Economics Workshop. In this episode, we talk about Professor Hubbard's 2015 paper The Discovery Sombrero and Other Metaphors for Litigation (https://scholarship.law.edu/lawreview/vol64/iss4/6/), which talks about the discovery costs in civil litigation. We discuss present empirical evidence on the nature and costs of preservation and discovery, interact with current challenges for governing preservation and discovery, and discuss the three new metaphors for civil litigation (the discovery sombrero, the preservation iceberg, and the long tail of litigation costs).
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