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Articles 1 - 17 of 17
Full-Text Articles in Law
Information Inflation: Can The Legal System Adapt?, George L. Paul, Jason R. Baron
Information Inflation: Can The Legal System Adapt?, George L. Paul, Jason R. Baron
Richmond Journal of Law & Technology
Information is fundamental to the legal system. Accordingly, lawyers must understand that information, as a cultural and technological edifice, has profoundly and irrevocably changed. There has been a civilization- wide morph, or pulse, or one might say that information has evolved. This article discusses the new inflationary dynamic, which has caused written information to multiply by as much as ten thousand-fold recently. The resulting landscape has stressed the legal system and indeed, it is becoming prohibitively expensive for lawyers even to search through information. This is particularly true in litigation.
The Two-Tier Discovery Provision Of Rule 26(B)(2)(B) - A Reasonable Measure For Controlling Electronic Discovery?, Theodore C. Hirt
The Two-Tier Discovery Provision Of Rule 26(B)(2)(B) - A Reasonable Measure For Controlling Electronic Discovery?, Theodore C. Hirt
Richmond Journal of Law & Technology
One of the most innovative provisions in the newly-effective amendments to the Federal Rules of Civil Procedure addressing electronic discovery may be the creation of a two-tier system for the discovery of electronically stored information, under new Rule 26(b)(2)(B). This rule states that “[a] party need not provide discovery” of such information “from sources that the party identifies as not reasonably accessible because of undue burden or cost.”
Silencing The Blogosphere: A First Amendment Caution To Legislators Considering Using Blogs To Communicate Directly With Constituents, D. Wes Sullenger
Silencing The Blogosphere: A First Amendment Caution To Legislators Considering Using Blogs To Communicate Directly With Constituents, D. Wes Sullenger
Richmond Journal of Law & Technology
Alexis de Tocqueville wrote that “every new invention, every new want which it occasioned, and every new desire which craved satisfaction were steps toward a general leveling [of society].” The changes wrought by the growth of Internet use reaffirm the truth of the statement. The Internet has created new opportunities for communication and expanded the reach of speakers more than any medium yet conceived.
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Eileen R. Geller
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Eileen R. Geller
Richmond Journal of Law & Technology
The Richmond Journal of Law and Technology is proud to present its second issue of the 2007–2008 academic school year. Our authors tackle a number of emerging issues in ways we think you’ll find especially interesting.
Almost Quiet On The Copyright Front: Ebay’S False Alarm, Jetti Gibson
Almost Quiet On The Copyright Front: Ebay’S False Alarm, Jetti Gibson
Richmond Journal of Law & Technology
In the current digital millennium, intellectual property law is constantly besieged by new technologies, threatening various patent, trademark, and copyright protections. Though intellectual property law shields individual rights on the one hand, on the other hand the overarching purpose of this protection was not to espouse a regime of private ownership, but to imbue the Founders’ intent within a legal framework by “promot[ing] the Progress of Science and the useful Arts,” through “secur[ing] for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” The grant of a copyright was merely a means to serve …
Managing Preservation Obligations After The 2006 Federal E-Discovery Amendments, Thomas Y. Allman
Managing Preservation Obligations After The 2006 Federal E-Discovery Amendments, Thomas Y. Allman
Richmond Journal of Law & Technology
The 2006 E-Discovery Amendments to the Federal Rules of Civil Procedure (2006 Amendments or the Amendments) do not directly address the onset or scope of preservation obligations. As noted in the September 2005 Report of the Standing Committee of the Judicial Conference recommending adoption of the 2006 Amendments, preservation obligations “arise from independent sources of law” and are dependent upon “the substantive law of each jurisdiction.” However, the Amendments have a major impact on how parties must analyze and execute preservation obligations involving electronically stored information (“ESI”).
In Pursuit Of Frcp 1: Creative Approaches To Cutting And Shifting The Costs Of Discovery, Mia Mazza, Emmalena K. Quesada, Ashley L. Sternberg
In Pursuit Of Frcp 1: Creative Approaches To Cutting And Shifting The Costs Of Discovery, Mia Mazza, Emmalena K. Quesada, Ashley L. Sternberg
Richmond Journal of Law & Technology
The most important rule of all is the last sentence of [FRCP] 1, which provides that the Federal Rules of Civil Procedure ‘shall be construed to secure the just, speedy, and inexpensive determination of every action.’ It is this command that gives all the other rules life and meaning and timbre in the realist world of the trial court.
Preventing A Modern Panopticon: Law Enforcement Acquisition Of Real-Time Cellular Tracking Data, Steven B. Toeniskoetter
Preventing A Modern Panopticon: Law Enforcement Acquisition Of Real-Time Cellular Tracking Data, Steven B. Toeniskoetter
Richmond Journal of Law & Technology
Nineteenth Century philosopher Jeremy Bentham designed a prison system known as the Panopticon which was arranged in such a way that a single guard could, at any given time, view the activities and whereabouts of any particular prisoner. Bentham designed the prison in such a way that the prisoners could never tell whether they were being watched. Twentieth Century French philosopher Michel Foucault further considered use of the Panopticon as a means of societal control through fear in his seminal book Discipline and Punish: The Birth of the Prison.
Blogger Beware: Ethical Considerations For Legal Blogs, Adrienne E. Carter
Blogger Beware: Ethical Considerations For Legal Blogs, Adrienne E. Carter
Richmond Journal of Law & Technology
Attorneys are, in a sense, their own gatekeepers. Like many professions, the legal profession is self-regulating.2 However, ethical and professional rules have always acted as the gates of attorney conduct – restricting and guiding attorneys in their professional actions. Ethical rules continue to serve this function when attorneys utilize the Internet to reach a larger community.
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Eileen R. Geller
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Eileen R. Geller
Richmond Journal of Law & Technology
The Richmond Journal of Law and Technology is proud to present its first issue of the 2007–2008 academic school year. To start off the new academic year, our authors present new ideas on the age old topic of Patent Law.
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Charlotte A. Dauphin
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Charlotte A. Dauphin
Richmond Journal of Law & Technology
I hope you enjoy the third issue of the Richmond Journal of Law and Technology for the 2006-2007 academic year, our Annual Survey of Electronic Discovery. This is our first annual survey since the new amendments to the Federal Rules of Civil Procedure, which at the time of this publication have been in effect for several months, that affect electronic discovery in several significant ways. The entire staff of the Journal has worked diligently to bring these articles to our readers. Whether you are new to the Journal and electronic discovery, or whether you are a long-time reader, you will …
The 2006 Amendments To The Rules Of Civil Procedure: Accessible And Inaccessible Electronic Information Storage Devices, Why Parties Should Store Electronic Information In Accessible Formats, Benjamin D. Silbert
Richmond Journal of Law & Technology
Discovery jurisprudence is a cornerstone of civil litigation in the United States. The Federal Rules of Civil Procedure, as adopted in 1938, introduced a broad discovery process, which was not a previously accepted practice. The Federal Rules of Civil Procedure have been revised several times since 1938, reflecting the evolution of society. However, prior to 2006, 1970 was the last time the discovery rules were amended to take into account changes in information technology. In the last thirty-seven years, technological advances in electronic storage and communication have changed the way people live and how business is conducted, beyond what could …
From Facebook To Folsom Prison Blues: How Banning Laptops In The Classroom Made Me A Better Law School Teacher, Nancy G. Maxwell
From Facebook To Folsom Prison Blues: How Banning Laptops In The Classroom Made Me A Better Law School Teacher, Nancy G. Maxwell
Richmond Journal of Law & Technology
A well-respected judge recently was asked to speak to a law school Administrative Law class. When he took the podium, he noticed that most of the students had laptops in front of them. As he was talking, the students’ fingers were flying across the keyboards, making clicking noises, their eyes fixed on the screens in front of them. Several times he noticed grins or frowns on the students’ faces, but the facial expressions were clearly unrelated to what he was saying. About twenty minutes into his talk, the judge, exasperated, clapped his hands together several times, calling out, “Is anyone …
The “First-To-File” Patent System: Why Adoption Is Not An Option!, Rebecca C.E. Mcfadyen
The “First-To-File” Patent System: Why Adoption Is Not An Option!, Rebecca C.E. Mcfadyen
Richmond Journal of Law & Technology
As the United States’ national pastime, baseball has taught valuable lessons to generations of Americans. For example, players often learn how to be good teammates, how to set goals, and how to exercise discipline. Baseball has other important life lessons to share as well such as the value of “chemistry.” Chemistry is that intangible quality that allows individual players, each with a differing skill set and personal agenda, to work together and propel the team forward. It is what makes a team, a team.
A Decent Proposal: The Constitutionality Of Indecency Regulation On Cable And Direct Broadcast Satellite Services, Matthew S. Schwartz
A Decent Proposal: The Constitutionality Of Indecency Regulation On Cable And Direct Broadcast Satellite Services, Matthew S. Schwartz
Richmond Journal of Law & Technology
Little Timmy’s parents both work late, and he often finds himself sitting alone in front of the television after school. He doesn’t know the difference between “broadcast,” “cable,” or “direct broadcast satellite,” but he does know how to work the remote control. One day, as he is clicking through the channels – 2, 4, 7, 93, 128, they’re all the same to him – he comes across a provocative scene. What are those two people doing? he wonders with wide eyes. And where are most of their clothes? At that moment, Timmy’s father walks in and is shocked by the …
When Offshore Activities Become Infringing: Applying § 271 To Technologies That “Straddle” Territorial Borders, Eric W. Guttag
When Offshore Activities Become Infringing: Applying § 271 To Technologies That “Straddle” Territorial Borders, Eric W. Guttag
Richmond Journal of Law & Technology
Patents have traditionally been territorial creatures. The territorial nature of U.S. patents is reflected by the main infringement statute, § 271 of Title 35. For example, § 271(a) says that “whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States or imports into the United States any patented invention during the term of the patent therefore, infringes the patent.”
To Mark Or Not To Mark: Application Of The Patent Marking Statute To Websites And The Internet, Eugene Goryunov, Mark Polyakov
To Mark Or Not To Mark: Application Of The Patent Marking Statute To Websites And The Internet, Eugene Goryunov, Mark Polyakov
Richmond Journal of Law & Technology
Patentees, and persons making, offering for sale, or selling within the United States any patented article for or under them, or importing any patented article into the United States, may give notice to the public that the same is patented, either by fixing thereon the word "patent" or the abbreviation "pat.", together with the number of the patent, or when, from the character of the article, this can not be done, by fixing to it, or to the package wherein one or more of them is contained, a label containing a like notice. In the event of failure so to …