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Selected Works

2004

Discipline
Institution
Keyword
Publication

Articles 571 - 572 of 572

Full-Text Articles in Law

Is E-Discovery So Different That It Requires New Discovery Rules? An Analysis Of Proposed Amendments To The Federal Rules Of Civil Procedure, Henry S. Noyes Dec 2003

Is E-Discovery So Different That It Requires New Discovery Rules? An Analysis Of Proposed Amendments To The Federal Rules Of Civil Procedure, Henry S. Noyes

Henry S. Noyes

The U.S. Judicial Conference Advisory Committee on Civil Rules recommended a package of proposed amendments to the Federal Rules of Civil Procedure to address issues raised by discovery of electronic information. The recommendations were based on the theory that discovery of electronic information is truly different from discovery of non-electronic information and that the differences require a special set of discovery rules. This Article tests the bases for the Advisory Committee's theory and concludes that there are five true differences between discovery of electronic information and discovery of traditional hard copy information, but two of the differences are addressed by …


Private Ordering And The Creation Of International Copyright Norms: The Role Of Public Structuring, Graeme B. Dinwoodie Dec 2003

Private Ordering And The Creation Of International Copyright Norms: The Role Of Public Structuring, Graeme B. Dinwoodie

Graeme B. Dinwoodie

International copyright law must be based on an assessment of what types and levels of protection best further the purposes of copyright law. But constructing the international copyright regime is difficult as the international system must wrestle with copyright dilemmas that exist at the national level as well as broader challenges facing international law. This paper delineates the connection between international copyright law and the generation and distribution of knowledge by discussing two recent examples of (possible) unconventional international copyright rulemaking, namely, norms generated by Internet Service Providers in responding to infringement claims, and norms arising out of digital rights …