Access to Information, Access to Justice: The Role of Presuit Investigatory Discovery

What is the relationship between access to information and access to justice? Private parties obviously have many publicly available points of access to the information they seek in order to file a lawsuit. Lawyers can talk to their clients and other willing witnesses. Documents can be gathered. Specific statutes may sometimes permit information to be obtained before a formal lawsuit is brought. On other occasions, however, information needed or desired will lie solely within the exclusive knowledge and control of another The ability of private parties to compel the production of information, documents, or testimony before litigation rarely has been seriously considered as a factor bearing on access to court. Along with a lack of treatment of the doctrinal sources of authority, no attempt has been made by academic commentators or y those most closely involved in civil procedural reform to gather empirical evidence to determine how important the right to take presuit investigatory discovery is to the institution and maintenance of civil suits. This Article seeks to fill these vital gaps that exist in the literature and in the public debates, more generally, over access to justice. After examining the available authority in the federal and state courts, the author gathers and reports on original empirical research conducted on the use of presuit investigatory discovery by private parties. That data comes from Texas, where the state rule provides the broadest grant of authority to prospective litigants to invoke judicial process for investigatory purposes. The empirical evidence from Texas may reasonably be read as indicating widespread use of the state\u27s presuit discovery rule: one out of two lawyer and judge respondents reported at least one experience in which a presuit deposition was taken, Relatedly, it appears that approximately sixty percent of the time the deposition was taken to investigate a potential claim before suit was filed; the remaining forty percent of depositions were secured for the purpose of perpetuating testimony. Examining the available data, the author argues that there are good reasons to believe that the perceived need to satisfy formal legal requirements for bringing suit, as well as the pull of practical considerations, may plausibly explain the use of the state\u27s presuit discovery rule. Read in this manner, the empirical evidence suggests that an important relationship exists between access to information and access to justice

Syngenta, Stephenson and the Federal Judicial Injunctive Power

In particular, my objectives are three-fold. As regards Syngenta, I will examine the case’s background and procedural history to highlight the strategic decisionmaking and forum shopping decisions made by all of the parties and their lawyers in the contest. Also, by revisiting the Supreme Court’s decision in the case, I hope to offer a better perspective on what the justices did decide and, correspondingly, also reflect on what they did not decide. Even as Syngenta nodded in recognition that some power exists to enjoin state proceedings, its ambit was left undefined. Recognizing the scope of the Court’s decision is critical if any insight is to be gained into the import the decision bears on the limits of the federal judicial injunctive power. My second objective concerns Stephenson. Like the earlier study of Syngenta, the examination of Stephenson will also consider the case’s background and procedural history. Because there ultimately was no decision by a majority of the Court in the case, Part II of this paper more carefully parses the intermediate appellate court’s opinion, along with the positions advanced by the parties and their amici before the United States Supreme Court. Examining the arguments in this manner helps to frame the parameters of the debate over federal injunctive power as it arose in the Stephenson context. Finally, Part III considers, in the aftermath of Syngenta and Stephenson, the future battles we should expect over the use of the civil injunctive power by federal judges to restrain state litigants. In considering the legal questions likely on the near horizon, we will also discover the most important and revealing connection between these ostensibly unrelated cases

The Archdiocese Of New York: Transition From Urban Powerhouse To Suburban Institution, 1950-2000 A Case Study

From 1850-1950, the New York Archdiocese welcomed newly arriving Irish and Italian Catholics and forged a political block that influenced local, state and national politics with political leverage sufficient to influence the city\u27s commercial sectors. This mobilization transformed the once penniless and discriminated-against Irish, and later Italians, by enabling the Archdiocese of New York, through the power of the vote, to promote its religious interests as its adherents rose to positions of political and economic power. The Archdiocese of New York became the owner of vast real estate, a provider of social and educational services, and an arbiter of morality and power. In essence, the Archdiocese functioned not only as a religious entity but as a political institution, relying on a large population of parishioners as the foundation for its ability to affect local democratic governments. As the latter half of the twentieth century approached, however, the descendants of those whom the Archdiocese had helped left the city for the suburbs. The deindustrialization of the New York economy coincided with growing preferences for the suburban lifestyle, which included single family homes with ample parking, consumer amenities, and good schools. Low cost VA / FHA mortgages, as well as the interstate highway system, encouraged this exodus. Although it is well-documented that, in the decades after World War II, large numbers of white, Catholic, blue-collar workers moved to the suburbs of New York City, research has typically focused on why they left and what impact this newly mobile population had on suburban demographics and culture. Missing from these accounts has been how the political vacuum left by diminished Catholic populations in New York City undermined the political influence of the Archdiocese. In fact, New York City in 1950 was about to enter a period of great political flux. Aside from the flight of Irish and other white Catholics, the Archdiocese would have to contend with a number of radical alterations in the fabric of New York City that would challenge its power. These included: the mass immigration of Puerto Ricans; the end of the waterfront as both a job creator and ethnic enclave; the decline of manufacturing in New York City; the rise of the reform Democratic movement and the decline of Tammany Hall; the rise of public sector labor; and the new politics mobilizing women, minorities, and gays. These unforeseen social and political movements were highly significant agents of change in the American urban landscape and its institutions, including New York\u27s Catholic Church. Faced with all these factors, the Archdiocese of New York could have adopted a number of strategies to either replenish its numbers or find new instruments of political influence in city politics. Indeed, there were many nascent political institutions--public sector labor unions, groupings of new immigrant populations, and civic organizations--that evolved during this period. Evidence suggests that the Archdiocese was aware of the transformative environment around it. But its fall from political grace over the next 50 years is apparent, demonstrated in particular by the Archdiocese\u27s inability to stop the passage of laws that eroded its moral authority, including measures that liberalized divorce and legalized abortion. Given the Archdiocese of New York\u27s prominence and influence for over a century, its failure to rebuild its power base when confronted with change, followed by its subsequent transition from an urban to a suburban powerhouse, raises questions this dissertation will seek to address. Why did the Archdiocese of New York not use its political power to save jobs, protect industries, and keep its flock from leaving? Were the failures caused by Irish domination and the inability of the Archdiocese\u27s hierarchy to adjust to new ethnic realities? Were the factors confronting the Archdiocese simply too much for it to adjust to at that time? Why did this organization, perceived in the city to be powerful and perceived by its flock to be infallible, appear to falter? What in this organization led to its changed role as an urban political power player? In short, did the Archdiocese of New York foster the loss of its own political influence? This dissertation will show the extent to which the Archdiocese was organizationally rigid and impervious to signals in the environment, and how this rigidity was linked to domination by the Irish, who were disinclined to allow other ethnic groups to have leadership or decision-making roles. This dissertation will describe the socioeconomic and political landscape of New York City in the mid-twentieth century, the problems facing the New York Archdiocese, and its reaction to the above issues. Further, this dissertation frames the Archdiocese\u27s shifts in power as it transitioned from a classic urban powerhouse to a more suburban institution. The research illustrates these shifts over the last half century based on an understanding of the changing Catholic population; of a different definition of the American Catholic ; of the still potent but more nuanced Catholic power in the financial, labor and political arenas; and finally, of a new understanding of the charismatic Catholic. It is hypothesized that the Archdiocese functioned well in a static environment but was incapable of adjusting in times of flux because of its lack of flexibility in maneuvering to accommodate changing realities and its adherence to rigid policies. Citing the reservoirs of information noted above and focusing in particular on urban power research, this dissertation will show that the Archdiocese of New York\u27s rigidity resulted in a decline in its political influence and power within the city. This decline precipitated the Archdiocese\u27s changing focus from the city to the suburbs so that it could survive and begin to exercise power and political influence within its new suburban constituencies

Building for the Pacific Rim Countries. Energy-efficient building strategies for hot, humid climates

This book has been published by the Solar Energy Industries Association (SEIA), the US trade association of the solar thermal, photovoltaic, and passive solar manufacturers, distributors, and component suppliers. Its purpose is to help architects, builders, and developers construct energy-efficient homes in hot humid climates like the Pacific Rim Countries, and to allow occupants of these homes to enjoy enhanced comfort without reliance on mechanical air-conditioning systems. Two important factors are addressed in this book. First, the past few years have seen a tremendous increase in practical applications of new research. The current popularity of ceiling paddle fans, attic radiant barriers and natural daylighting attest to the importance of keeping up with the latest concepts in energy-reduction and comfort-awareness. Professionals who have been in the field for the past few years may be unaware of the latest research findings--some of which dramatically alter prior thinking on such subjects as natural ventilation or mechanical air conditioning. The second factor is the importance of site-specific characteristics, which greatly affect building strategies and designs. A thorough understanding of the climate is a prerequisite to good building design. Such factors as temperature, humidity, wind speed and direction, and solar radiation must be understood and properly integrated into the design for the home to be truly energy-efficient

Methylation of the Glucocorticoid Receptor (NR3C1) in Placenta is Associated with Infant Cry Acoustics

Epigenetic mechanisms regulating expression of the glucocorticoid receptor gene (NR3C1) promoter may influence behavioral and biological aspects of stress response in human infants. Acoustic features of infant crying are an indicator of neurobehavioral and neurological status not yet investigated in relation to epigenetic mechanisms. We examined NR3C1 methylation in placental tissue from a series of 120 healthy newborn infants in relation to a detailed set of acoustic features extracted from newborn infant cries. We identified significant associations of NR3C1 methylation with energy variation in infants\u27 cries as well as with the presence of very high fundamental frequency in cry utterances. The presence of high fundamental frequency in cry (above 1 kHz) has been linked to poor vocal tract control, poor regulation of stress response, and may be an indicator or poor neurobehavioral integrity. Thus, these results add to evidence linking epigenetic alteration of the NR3C1 gene in the placenta to neurodevelopmental features in infants