2004
DOI: 10.1353/tlj.2004.0006
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A New Approach to Old Cases: Reconsidering Statutes of Limitation

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Cited by 2 publications
(1 citation statement)
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“…In A New Approach to Old Cases: Reconsidering Statutes of Limitations, Professor Ehud Guttel and Michael Novick note that all-or-nothing statutes of limitations are not responsive to concerns related to the decay of evidence. 223 Statutes of limitations, they argue, should serve to minimize the harm resulting from the erosion of evidence and to distribute any such harm appropriately between plaintiff and defendant. 224 All-or-nothing statutes of limitations fail to achieve these goals because plaintiffs may file suit before the statutory period ends, even if evidence has been eroded, and may not file suit afterwards, even if no evidence has been lost.…”
Section: Epilogue: Other All-or-nothing Rulesmentioning
confidence: 99%
“…In A New Approach to Old Cases: Reconsidering Statutes of Limitations, Professor Ehud Guttel and Michael Novick note that all-or-nothing statutes of limitations are not responsive to concerns related to the decay of evidence. 223 Statutes of limitations, they argue, should serve to minimize the harm resulting from the erosion of evidence and to distribute any such harm appropriately between plaintiff and defendant. 224 All-or-nothing statutes of limitations fail to achieve these goals because plaintiffs may file suit before the statutory period ends, even if evidence has been eroded, and may not file suit afterwards, even if no evidence has been lost.…”
Section: Epilogue: Other All-or-nothing Rulesmentioning
confidence: 99%