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2008

Discovery

Selected Works

Articles 1 - 2 of 2

Full-Text Articles in Law

Deregulating Guilt: The Information Culture Of The Criminal System, Alexandra Natapoff Nov 2008

Deregulating Guilt: The Information Culture Of The Criminal System, Alexandra Natapoff

Alexandra Natapoff

The criminal system has an uneasy relationship with information. On the one hand, the criminal process is centrally defined by stringent evidentiary and information rules and a commitment to public transparency. On the other, largely due to the dominance of plea bargaining, criminal liability is determined by all sorts of unregulated, non-public information that never pass through the quality control of evidentiary, discovery, or other criminal procedure restrictions. The result is a process that generates determinations of liability that are often unmoored from systemic information constraints. This phenomenon is exemplified, and intensified, by the widespread use of criminal informants, or …

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Beneath The Surface: Metadata, Transparency And The Ethical Use Of Information, Michael Katz Dec 2007

Beneath The Surface: Metadata, Transparency And The Ethical Use Of Information, Michael Katz

Michael Katz

While the gains from the digital revolution are tremendous in terms of increased efficiency, access to information and searchability, the change in information format has caught some off guard. No longer is data limited to what is available on a piece of paper. Yet there is a price to pay for these gains. Where once a letter’s recipient could not see anything but what the sender openly presented in the letter, today that email, word processing document and spreadsheet all contain additional information not readily visible on their face. Beneath the surface, packed into the file, exists metadata - information …

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