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The Promise Of A Cooperative And Proportional Discovery Process In North Carolina: House Bill 380 And The New State Electronic Discovery Rules, Brian C. Vick, Neil C. Magnuson
The Promise Of A Cooperative And Proportional Discovery Process In North Carolina: House Bill 380 And The New State Electronic Discovery Rules, Brian C. Vick, Neil C. Magnuson
Campbell Law Review
Using the experience of the federal courts under the 2006 Amendments as a guide, this Article examines H.B. 380 and the effect it will have on the discovery process in the state courts. Part I of this Article describes the litigation challenges created by the proliferation of ESI. Part II describes the history, structure and substance of the 2006 Amendments, and discusses their impact in the areas of cooperation and the use of proportionality principles in the federal courts. Part III describes the substance and structure of the rules changes encompassed by H.B. 380, and analyzes the effect that they …
Cell Phone - A "Weapon" Of Mass Discretion, Mark L. Mayakis
Cell Phone - A "Weapon" Of Mass Discretion, Mark L. Mayakis
Campbell Law Review
Initially, this Comment will discuss the development of the search incident to arrest exception from the warrant requirement and how this exception has been generally defined and judicially interpreted. The next section will include a discussion of how the search incident to arrest exception has been applied to searches of the content stored within pagers. This Comment will then explain how modern cell phones have created difficulties for courts applying the search incident to arrest exception, causing these courts to diverge down two different lines of reasoning, ultimately reaching opposite conclusions. Finally, this Comment will reiterate the necessity that the …