I've alluded a few times in recent posts that I'll gradually begin focusing on law and legal issues in this blog, while maintaining the connection to my core interest in resilient, sustainable, and decentralized civilizational systems. As part of that effort, and in an attempt to combine theory with practicality, I'm launching beginning to work on a litigation checklist.
If you aren't an attorney, this process may still be of interest as an exemplar of the spread of systems design and systems theory. The checklist is still in early stages of development. At this early stage it is certainly far from a complete tool, but I'll point to one example of its potential: the Affirmative Defense checklist component of the Litigation Checklist. Over 100 affirmative defenses and counting to date--certainly the most extensive list of affirmative defenses that is freely and openly available. While this may not seem like a significant accomplishment, the identification of all relevant affirmative defenses is a significant task in most civil litigation. In just the past week I've already used it to identify and plead an affirmative defense that will be potentially significant and that I most likely wouldn't have otherwise thought of. With a bit of open-source collaboration--including brief explanations of each defense, related case law in various jurisdictions, and strategic considerations for use--this list could easily become the standard for the legal community on this subject. Significantly, to my knowledge this would be the first free and open-source legal reference standard.
If this kind of project interests you--or if you know of people or resources that could contribute--please contribute.