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- Anything but Academic: How Copyright’s Work-for-Hire Doctrine Affects Professors Graduate Students and K-12 Teachers in the Information Age (1)
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- Attorney work-product (1)
- Better Late Than Never: How the Online Advertising Industry’s Response to Proposed Privacy Legislation Eliminates the Need for Regulation (1)
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- Richmond Journal of Law & Technology (8)
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Articles 1 - 30 of 36
Full-Text Articles in Law
Evidence, John E. Hall Jr., W. Scott Henwood
Evidence, John E. Hall Jr., W. Scott Henwood
Mercer Law Review
The biggest story in Georgia Evidence law this year is undoubtedly the Georgia General Assembly's decision to align Georgia's evidence code with the Federal Rules of Evidence. Proponents of House Bill 24 describe the former rules, many of which have been on the books for more than 150 years, as archaic and inconsistent. Paul S. Milich, professor of law at Georgia State University College of Law and the reporter for the State Bar of Georgia committee that proposed the new rules of evidence for Georgia, described the way the outdated rules impeded the modern practice of law in Georgia: "Our …
Pleading And Proving Foreign Law In The Age Of Plausibility Pleading, Roger M. Michalski
Pleading And Proving Foreign Law In The Age Of Plausibility Pleading, Roger M. Michalski
Buffalo Law Review
No abstract provided.
Dancing With The Big Boys: Georgia Adopts (Most Of) The Federal Rules Of Evidence, David N. Dreyer, F. Beau Howard, Amy M. Leitch
Dancing With The Big Boys: Georgia Adopts (Most Of) The Federal Rules Of Evidence, David N. Dreyer, F. Beau Howard, Amy M. Leitch
Mercer Law Review
Georgia has become the forty-fourth state to model its new evidence rules on the Federal Rules of Evidence. The new code will go into effect on January 1, 2013, 150 years from when Georgia's first legal code was published. Passage of the 2013 Georgia Evidence Code did not come easy, but was a product of years of debate, compromise, and vetting from legislators, the judiciary, academia, and members and groups of the practicing bar. The new code is largely derived from the Federal Rules of Evidence, but Georgia has retained a significant amount of evidence rules from its prior code …
Constitutional Law—It Wasn’T Me! Zinger V. State And Arkansas’S Unconstitutional Approach To Third-Party Exculpatory Evidence. Zinger V. State, 313 Ark. 70, 852 S.W.2d 320 (1993)., Bourgon B. Reynolds
Constitutional Law—It Wasn’T Me! Zinger V. State And Arkansas’S Unconstitutional Approach To Third-Party Exculpatory Evidence. Zinger V. State, 313 Ark. 70, 852 S.W.2d 320 (1993)., Bourgon B. Reynolds
University of Arkansas at Little Rock Law Review
No abstract provided.
Plea Bargaining, Discovery, And The Intractable Problem Of Impeachment Disclosures, R. Michael Cassidy
Plea Bargaining, Discovery, And The Intractable Problem Of Impeachment Disclosures, R. Michael Cassidy
Vanderbilt Law Review
Several recent high-profile cases have illustrated flaws with the government's discovery practices in criminal cases and have put prosecutors across the country on the defensive about their compliance with disclosure obligations. The conviction of former Alaska Senator Ted Stevens on ethics charges was set aside after it was revealed that federal prosecutors withheld notes of an interview with a key government witness; one member of the Stevens prosecution team who was under investigation for contempt subsequently committed suicide. The Supreme Court remanded a double murder case from Tennessee for potential resentencing after it was revealed that state prosecutors had withheld …
Injecting Law Student Drama Into The Classroom: Transforming An E-Discovery Class (Or Any Law School Class) With A Complex, Student-Generated Simulation, Paula Schaefer
Nevada Law Journal
No abstract provided.
Tangible "Intangibles" And Other Mysteries: A Critique Of The D.C. Circuit's Expansion Of Work Product Doctrine In United States V. Deloitte Llp, Brian L. Blaylock
Tangible "Intangibles" And Other Mysteries: A Critique Of The D.C. Circuit's Expansion Of Work Product Doctrine In United States V. Deloitte Llp, Brian L. Blaylock
Nevada Law Journal
No abstract provided.
J.D.B. V. North Carolina And The Reasonable Person, Christopher Jackson
J.D.B. V. North Carolina And The Reasonable Person, Christopher Jackson
Michigan Law Review First Impressions
This Term, the Supreme Court was presented with a prime opportunity to provide some much-needed clarification on a "backdrop" issue of law-one of many topics that arises in a variety of legal contexts, but is rarely analyzed on its own terms. In J.D.B. v. North Carolina, the Court considered whether age was a relevant factor in determining if a suspect is "in custody" for Miranda purposes, and thus must have her rights read to her before being questioned by the police. Miranda, like dozens of other areas of law, employs a reasonable person test on the custodial question: it asks …
Unpredictable And Inconsistent: Nevada's Expert Witness Standard After Higgs V. State, Ryan A. Henry
Unpredictable And Inconsistent: Nevada's Expert Witness Standard After Higgs V. State, Ryan A. Henry
Nevada Law Journal
No abstract provided.
Evidence, W. Randall Bassett, Susan M. Clare
Evidence, W. Randall Bassett, Susan M. Clare
Mercer Law Review
Although the 2010 term of the United States Court of Appeals for the Eleventh Circuit had its share of controversial cases, the court's evidentiary rulings were few in number and moderate in scope. As it has in recent years, the court relied heavily on unpublished decisions to resolve cases without creating binding precedent; thus there were no major alterations to the law of evidence requiring practitioners to run to the nearest volume of the Federal Reporter. As explained in previous iterations of this Survey, the court cautions that its "[u]npublished opinions are not considered binding precedent." As a result,
The …
Brain Scans As Evidence: Truths, Proofs, Lies, And Lessons, Francis X. Shen, Owen D. Jones
Brain Scans As Evidence: Truths, Proofs, Lies, And Lessons, Francis X. Shen, Owen D. Jones
Mercer Law Review
This Brain Sciences in the Courtroom Symposium is both timely and important. Given recently developed and rapidly improving brain imaging techniques that enable non-invasive detection of brain activity, civil and criminal courts increasingly encounter attorneys proffering brain scans as evidence.' The reason is simple. In addition to caring about how people act-such as when they cause a person's death or sign a will-the legal system's inquiries frequently turn on determining what people were thinking, or were capable of thinking, when they acted.
In criminal law, for example, the same act can yield anything from mere probation to decades in …
Functional Magnetic Resonance Detection Of Deception: Great As Fundamental Research, Inadequate As Substantive Evidence, Charles Adelsheim
Functional Magnetic Resonance Detection Of Deception: Great As Fundamental Research, Inadequate As Substantive Evidence, Charles Adelsheim
Mercer Law Review
Essential to the law's pursuit of truth, justice, and the efficient resolution of conflict is assessing the veracity of statements made by individuals both in and out of court. In this judicial context, untruthful statements can be, and no doubt are, made regularly by plaintiffs, defendants, and other witnesses. Humans are generally very skilled at deceiving others, yet they are poor at detecting deception. Because of this disparity, there is a strong demand for reliable scientific techniques to detect deception. The most popular technique is currently the polygraph examination. However, polygraph-based evidence is inadmissible as substantive evidence in nearly all …
Serendipitous Timing: The Coincidental Emergence Of The New Brain Science And The Advent Of An Epistemological Approach To Determining The Admissibility Of Expert Testimony, Edward J. Imwinkelried
Serendipitous Timing: The Coincidental Emergence Of The New Brain Science And The Advent Of An Epistemological Approach To Determining The Admissibility Of Expert Testimony, Edward J. Imwinkelried
Mercer Law Review
This is an exciting time for students of the human brain. Worldwide there has never been such intense interest in and extensive research into the brain. Techniques for studying the brain are proliferating. By way of example, one group of scientists is employing electroencephalography (EEG) as a tool to investigate the brain's operations. Some of these researchers have utilized EEG to identify brain damage; others, including Dr. Lawrence Farwell of Brain Fingerprinting Laboratories, are endeavoring to adapt EEG technology to the detection of deception. Another group of scientists has focused its research on BOLD fMRI (Blood Oxygen Level Dependent functional …
Proposal To Reverse The View Of A Confession: From Key Evidence Requiring Corroboration To Corroboration For Key Evidence, Boaz Sangero, Mordechai Halpert
Proposal To Reverse The View Of A Confession: From Key Evidence Requiring Corroboration To Corroboration For Key Evidence, Boaz Sangero, Mordechai Halpert
University of Michigan Journal of Law Reform
Both case law and legal literature have recognized that all, and not just clearly statistical, evidence is probabilistic. Therefore, we have much to learn from the laws of probability with regard to the evaluation of evidence in a criminal trial. The present Article focuses on the confession. First, we review legal and psychological literature and show that the probability of a false confession and, consequently, a wrongful conviction, is far from insignificant. In light of this, we warn against the cognitive illusion, stemming from the fallacy of the transposed conditional, which is liable to mislead the trier of fact in …
State V. Harden: Muddying The Waters Of Self-Defense Law In West Virginia, Devin C. Daines
State V. Harden: Muddying The Waters Of Self-Defense Law In West Virginia, Devin C. Daines
West Virginia Law Review
No abstract provided.
Through The Lens Of Federal Evidence Rule 403: An Examination Of Eyewitness Identification Expert Testimony Admissibility In The Federal Circuit Courts, Lauren Tallent
Washington and Lee Law Review
No abstract provided.
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Francis C. Oroszlan
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Francis C. Oroszlan
Richmond Journal of Law & Technology
The Richmond Journal of Law and Technology is proud to present its second issue of the 2010–2011 academic year.
Technology-Assisted Review In E-Discovery Can Be More Effective And More Efficient Than Exhaustive Manual Review, Maura R. Grossman, Gordon V. Cormack
Technology-Assisted Review In E-Discovery Can Be More Effective And More Efficient Than Exhaustive Manual Review, Maura R. Grossman, Gordon V. Cormack
Richmond Journal of Law & Technology
E-discovery processes that use automated tools to prioritize and select documents for review are typically regarded as potential cost-savers – but inferior alternatives – to exhaustive manual review, in which a cadre of reviewers assesses every document for responsiveness to a production request, and for privilege. This Article offers evidence that such technology-assisted processes, while indeed more efficient, can also yield results superior to those of exhaustive manual review, as measured by recall and precision, as well as F1, a summary measure combining both recall and precision. The evidence derives from an analysis of data collected from the TREC 2009 …
Federal Rule Of Evidence 502: Has It Lived Up To Its Potential?, Paul W. Grimm, Lisa Yurwit Bergstrom, Matthew P. Kraeuter
Federal Rule Of Evidence 502: Has It Lived Up To Its Potential?, Paul W. Grimm, Lisa Yurwit Bergstrom, Matthew P. Kraeuter
Richmond Journal of Law & Technology
Nothing causes litigators greater anxiety than the possibility of doing, or failing to do, something during a civil case that waives attorney– client privilege or work-product protection. Attend any seminar, webcast, podcast, or other continuing legal education course dealing with the discovery of electronically stored information (“ESI”) and you are sure to hear about this concern and how to mitigate it.
Spoliation Of Electronic Evidence: Sanctions Versus Advocacy, Charles W. Adams
Spoliation Of Electronic Evidence: Sanctions Versus Advocacy, Charles W. Adams
Michigan Telecommunications & Technology Law Review
This Article proposes that courts should refrain from imposing adverse inference jury instructions as sanctions for the spoliation of evidence. This proposal bears some similarity to the approach taken twenty years ago by the 1993 amendments to Rule 11, which constrained courts' ability to sanction. Instead of imposing an adverse jury instruction as a sanction for spoliation of evidence, courts should allow evidence of spoliation to be admitted at trial if a reasonable jury could find that spoliation had occurred and if the spoliation was relevant to a material issue. If a court allows the introduction of evidence of spoliation …
Four Years Later: How The 2006 Amendments To The Federal Rules Have Reshaped The E-Discovery Landscape And Are Revitalizing The Civil Justice System, Bennett B. Borden, Monica Mccarroll, Brian C. Vick, Lauren M. Wheeling
Four Years Later: How The 2006 Amendments To The Federal Rules Have Reshaped The E-Discovery Landscape And Are Revitalizing The Civil Justice System, Bennett B. Borden, Monica Mccarroll, Brian C. Vick, Lauren M. Wheeling
Richmond Journal of Law & Technology
The 2006 amendments to the Federal Rules of Civil Procedure, which were enacted to address the potentially immense burden involved in the discovery of electronically-stored information (“ESI”), set in motion a process that is revitalizing the primary purpose of the Federal Rules of Civil Procedure adopted nearly seventy years earlier: “to secure the just, speedy, and inexpensive determination of every action and proceeding.” One of the principal means through which the Federal Rules of Civil Procedure achieve this purpose is by allowing for the discovery of “any nonprivileged matter that is relevant to any party’s claim or defense.” The reasoning …
Rethinking Jurisdictional Discovery Under The Hague Evidence Convention, Kathleen B. Gilchrist
Rethinking Jurisdictional Discovery Under The Hague Evidence Convention, Kathleen B. Gilchrist
Vanderbilt Journal of Transnational Law
When a federal court in the United States compels the discovery of information located abroad to determine whether it has jurisdiction over the defendant, the court can apply the Federal Rules of Civil Procedure or the Hague Evidence Convention. This Note argues that the approach taken by most courts--applying the balancing test formulated by the Supreme Court in Societe Nationale Industrielle Aerospatiale v. U.S. District Court and favoring application of the Federal Rules--is misguided. Courts should apply the Evidence Convention more often in jurisdictional discovery disputes. They can do so under the existing legal framework with one of three holdings: …
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Francis C. Oroszlan
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Francis C. Oroszlan
Richmond Journal of Law & Technology
The Richmond Journal of Law and Technology is proud to present the fourth issue of the 2010–2011 academic year. In this issue, we explore privacy law in the context of online social networking, online advertising and tort reform. Additionally, this issue examines mandatory disclosure of trade secrets as a component of offshore oil drilling regulation and evaluates certain criticisms levied against the Anti-Counterfeiting Trade Agreement.
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Ian Lambeets
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Ian Lambeets
Richmond Journal of Law & Technology
The Richmond Journal of Law and Technology is proud to present its first issue of the 2011-2012 academic year. The Journal strives to discuss new and emerging issues that fall squarely at the intersection of technology and the law. Another year goes by and technology continues to advance, and not surprisingly, further immerses itself into our daily lives. The Journal believes it is our mission to recognize the practical effects the growth of technology has on society and to promote a relevant and timely discussion on these topics.
Law In The Age Of Exabytes: Some Further Thoughts On ‘Information Inflation’ And Current Issues In E-Discovery Search, Jason R. Baron
Law In The Age Of Exabytes: Some Further Thoughts On ‘Information Inflation’ And Current Issues In E-Discovery Search, Jason R. Baron
Richmond Journal of Law & Technology
In 2007, in the pages of this Journal, George L. Paul and I posed a question to the legal profession at large, to wit: can the legal system adapt to the new reality of an era of rapid inflation in the amount of electronically stored information (ESI) at issue in civil litigation? After surveying the history of technological innovation that led to an explosion of new data, we proceeded to discuss various legal strategies for success in our current inflationary epoch. These strategies included: consideration of new and emerging ways in which to think about search and information retrieval in …
Section 1983 & The Age Of Innocence: The Supreme Court Carves A Procedural Loophole For Post-Conviction Dna Testing In Skinner V. Switzer, Gabriel A. Carrera
Section 1983 & The Age Of Innocence: The Supreme Court Carves A Procedural Loophole For Post-Conviction Dna Testing In Skinner V. Switzer, Gabriel A. Carrera
American University Law Review
No abstract provided.
Voluntary Client Testimony As A Privilege Waiver: Is Ohio's Law Caught In A Time Warp, David B. Alden, Matthew P. Silverstein
Voluntary Client Testimony As A Privilege Waiver: Is Ohio's Law Caught In A Time Warp, David B. Alden, Matthew P. Silverstein
Cleveland State Law Review
The question of whether Ohio should retain the waiver through voluntary testimony rule-assuming that is the current rule-is neither close nor difficult. The relevant statute dates back to the middle of the nineteenth century when Ohio enacted its first code of civil procedure, and if it in fact leads to a waiver, has been substantively unchanged in the intervening one hundred fifty plus years. The rule undermines the policies the attorney-client privilege was designed to further, and the policy on which the rule apparently was based-preventing perjured testimony-no longer has the primacy it did in the mid-nineteenth century and, in …
Spare The Rod, Spoil The Litigator? The Varying Degrees Of Culpability Required For An Adverse Inference Sanction Regarding Spoliation Of Electronic Discovery, Lauren R. Nichols
Spare The Rod, Spoil The Litigator? The Varying Degrees Of Culpability Required For An Adverse Inference Sanction Regarding Spoliation Of Electronic Discovery, Lauren R. Nichols
Kentucky Law Journal
No abstract provided.
Evidence - Privilege Law - How Arkansas's New Rule Of Evidence Codifies "Selective Waiver" Of The Attorney-Client Privilege And Work-Product Protection And An Argument For A More Moderate Approach, Jonathan D. Mcfadden
Evidence - Privilege Law - How Arkansas's New Rule Of Evidence Codifies "Selective Waiver" Of The Attorney-Client Privilege And Work-Product Protection And An Argument For A More Moderate Approach, Jonathan D. Mcfadden
University of Arkansas at Little Rock Law Review
No abstract provided.
Suicide Causation Experts In Teen Wrongful Death Claims: Will They Assist The Trier Of Fact?, 45 J. Marshall L. Rev. 51 (2011), Andrea Maciver
Suicide Causation Experts In Teen Wrongful Death Claims: Will They Assist The Trier Of Fact?, 45 J. Marshall L. Rev. 51 (2011), Andrea Maciver
UIC Law Review
No abstract provided.