[impossiblefork]

But the actual rule for civil cases (federal rules of civil procedure) is

>(A) Documents and Tangible Things. Ordinarily, a party may not discover documents and tangible things that are prepared in anticipation of litigation or for trial by or for another party or its representative (including the other party's attorney, consultant, surety, indemnitor, insurer, or agent). But, subject to Rule 26(b)(4), those materials may be discovered if:

So the "by or for another party or its representative" seems more like my thinking than the thinking you're describing.

I think considering other statements, Rakoff is certainly wrong. The documents were prepared as part of pretrial preparations. Non-experts need to be able to use search engines, books, etc. and which books someone was handed for their pretrial preparations, or what lookups they have made can't be the business of their opponents. You have an adversarial system. One party can't have access to the pretrial preparations of the other party, it won't lead to fair trials.