Cooper Publishes Article Exploring Constitutional Limitations on Civil Discovery
Jordana Cooper, a partner with Blank Rome LLP, has just published an article in the Rutgers Law Journal entitled Beyond Judicial Discretion: Toward a Rights-Based Theory of Civil Discovery and Protective Orders, 36 Rutgers L.J. 775-820 (2005). In it, Ms. Cooper argues that the Constitution--namely the Fourth and Fifth Amendments--constrains judicial discretion in the context of civil discovery. Specifically, the author argues that the Fifth Amendment's prohibition against taking property without just compensation and the Fourth Amendment's protection against unreasonable searches and seizures limits the power of courts to fashion discovery orders.
Westlaw subscribers may access the article by clicking here: 36 RULJ 775