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The Supreme Court's unnecessary digression on discovery costs and abuse in one recent case, Bell Atlantis Coip. v. Twombly, is a telling reminder thai overcrowding has generated unprecedented invitations to American j utlges to substitute their views for the jury's.1 It is once again a time of ferment in civil procedure or, perhaps more fairly, we see a continuation of the dissatisfaction that has driven the Federal Rules amendments over the last few decades. International proceedings with some addition ai discovery would at times be fairer than hearings in which each side produces only documents it intends to use, no one takes a deposition, and a panel determines the outcome largely from written statements and perhaps a few live witnesses.61 Care in managing American court cases is also important because the inlermitkmahzation of world trade will encourage the merger of different sets of judicial rules, not just domestic and international arbitration rules.
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