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Drafting New York Civil-Litigation Documents: Part Xxviii—Disclosure Motions Continued, Gerald Lebovits Oct 2013

Drafting New York Civil-Litigation Documents: Part Xxviii—Disclosure Motions Continued, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.


Jailhouse Informants, Robert M. Bloom Oct 2013

Jailhouse Informants, Robert M. Bloom

Robert Bloom

No abstract provided.


Schultz V. Akzo Nobel Paints: “The Rest Of The Story” Reveals Limited Impact Of Expert Testimony Decision, Richard O. Faulk Sep 2013

Schultz V. Akzo Nobel Paints: “The Rest Of The Story” Reveals Limited Impact Of Expert Testimony Decision, Richard O. Faulk

Richard Faulk

Certainly, a number of lawyers from both sides of the bar believe that the Schultz decision is important. A review of the record in Schultz, however, reveals a relatively easy explanation for the decision—one that undermines its value as precedent. To understand why this is so, we must go back to the district court’s decision to grant Akzo Nobel’s motion for summary judgment and, with apologies to Paul Harvey, appreciate the “rest of the story.”


Drafting New York Civil-Litigation Documents: Part Xxvi—Notices To Admit Continued, Gerald Lebovits Jun 2013

Drafting New York Civil-Litigation Documents: Part Xxvi—Notices To Admit Continued, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.


Drafting New York Civil-Litigation Documents: Part Xxv—Notices To Admit, Gerald Lebovits May 2013

Drafting New York Civil-Litigation Documents: Part Xxv—Notices To Admit, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.


Drafting New York Civil-Litigation Documents: Part Xxiv—Summary-Judgment Motions Continued, Gerald Lebovits Apr 2013

Drafting New York Civil-Litigation Documents: Part Xxiv—Summary-Judgment Motions Continued, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.


Making Horses Drink: Conceptual Change Theory And Federal Rule Of Evidence 502, Liesa L. Richter Feb 2013

Making Horses Drink: Conceptual Change Theory And Federal Rule Of Evidence 502, Liesa L. Richter

Liesa L. Richter

No abstract provided.


Comment On The Proposed Amendment To Evidence Rule 801(D)(1)(B), Liesa L. Richter Feb 2013

Comment On The Proposed Amendment To Evidence Rule 801(D)(1)(B), Liesa L. Richter

Liesa L. Richter

No abstract provided.


Workplace Data: Law & Litigation (With 2014 Supplement), Robert Sprague Dec 2012

Workplace Data: Law & Litigation (With 2014 Supplement), Robert Sprague

Robert Sprague

Workplace Data: Law and Litigation provides an overview of legal issues associated with employment-related electronically stored information (ESI), focusing on discovery issues in particular. Written for employment and labor law practitioners, this new treatise offers a comprehensive overview of today’s discovery challenges, a detailed statute-by-statute analysis of data retention requirements in federal workplace-related laws, a summary of emerging workplace social media and other technology-related issues and a guide to data protection privacy laws in North America, Europe, Asia and Oceania.


Evidence, Probability, And The Burden Of Proof, Ronald J. Allen, Alex Stein Dec 2012

Evidence, Probability, And The Burden Of Proof, Ronald J. Allen, Alex Stein

Alex Stein

This Article analyzes the probabilistic and epistemological underpinnings of the burden-of-proof doctrine. We show that this doctrine is best understood as instructing factfinders to determine which of the parties’ conflicting stories makes most sense in terms of coherence, consilience, causality, and evidential coverage. By applying this method, factfinders should try—and will often succeed—to establish the truth, rather than a statistical surrogate of the truth, while securing the appropriate allocation of the risk of error. Descriptively, we argue that this understanding of the doctrine—the “relative plausibility theory”—corresponds to our courts’ practice. Prescriptively, we argue that the relative-plausibility method is operationally superior …