Book Review:
Kenneth W. Graham, Jr., The Persistence of Progressive Proceduralism (reviewing Julius B. Levine’s Discovery: A Comparison Between English and American Civil Discovery Law with Reform Proposals (1982)), 61 TEXAS L. REV. 893 (1983).
 

Abstract:
Prof. Graham lambasts Prof. Levine’s book as being an “overblown law review article” with “impenetrable prose.” Prof. Levine makes several “ill-considered” proposals for reform. For example, he argues that a litigant should be able to use interrogatories and motions to produce against non-parties. This power is akin to something that a federal prosecutor would have, without the Constitutional restrictions of due process and unreasonable searches and seizures. Although Prof. Levine claimed to use empirical research, Prof. Graham points out that every source is available in a well-stocked law library and that the major piece of empirical research relied upon was an opinion poll of lawyers regarding their thoughts about discovery abuse. According to Prof. Graham, money spent on this book is not money well spent.