American vs English rule fee-shifting, discovery posture, motion practice, settlement timing, forum selection, class action vs MDL vs individual, jury vs bench, expert reliance, judgment enforcement, appellate preservation
Command-and-control vs market-based vs information-based, notice-and-comment vs negotiated rulemaking vs adjudication, principles-based vs rules-based, federal preemption vs state experimentation, ex ante licensing vs ex post enforcement, voluntary vs mandatory standards, ALJs vs Article III post-Jarkesy / Loper Bright