Publications

Preventive Transparency in Third-Party Litigation Funding,

120 Northwestern University Law  Review __ (forthcoming 2025)

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Preventive Transparency in Third-Party Litigation Funding grounds the discussion of third-party litigation funding in the broader civil procedure and professional responsibility literature, which leads to an easy, low-controversy reform that addresses most of the categorical concerns raised by the practice. 

Ethical Guardrails to Unbounded Procedure,

93 Fordham Law Review 49 (2024)

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Ethical Guardrails to Unbounded Procedure uses common-benefit fees in multi-district litigation as a case study in its explanation of why professional-conduct rules should provide limits to the discretion of the federal district courts when they encounter a practice innovation that is not directly addressed by the Federal Rules of Civil Procedure. 

Discovery Dark Matter,

101 Texas Law Review 1021 (2023)

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Discovery Dark Matter describes how the Supreme Court's use of its soft authority affects decision-making on discovery issues by providing trial-level judges with a window into the Court's view of the underlying principles and normative tradeoffs.

Fee Retrenchment in Immigration Habeas,

90 Fordham Law Review 1489 (2022)

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Fee Retrenchment in Immigration Habeas critiques a relatively new challenge to the decades-long understanding that the Equal Access to Justice Act covers immigration habeas proceedings, rooting its analysis in the Mathews framework.

Ad Tech & the Future of Legal Ethics,

73 Alabama Law Review 107 (2021)

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Ad Tech & the Future of Legal Ethics draws on modern privacy scholarship to explain how lawyers' use of online behavioral advertising can lead to privacy invasions and manipulation that are not prohibited by the existing rules of professional conduct.

Contracting for Confidential Discovery,

53 UC Davis Law Review 1249 (2020)

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Contracting for Confidential Discovery looks at the treatment of 100 proposed confidentiality orders in the federal district courts and discovers an unexpected risk of permitting parties to customize procedure—the importation of legal errors, by party agreement, into judicial practice.

Discovery Hydraulics,

52 UC Davis Law Review 1317 (2019)

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Discovery Hydraulics offers a purposive taxonomy of reform efforts designed to address the the pressure put on the finite resources of both the judiciary and litigants by the growth of electronically stored information. 

Technological Opacity & Procedural Injustice,

59 Boston College Law Review 821 (2018)

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Technological Opacity & Procedural Injustice examines how predictive coding tools used to streamline discovery can subtly erode civil litigants' right to have a voice in proceedings and to understand the reasoning behind legal processes and decisions.