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Full-Text Articles in Evidence

Table Of Contents, Seattle University Law Review Sep 2019

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Table Of Contents, Seattle University Law Review Feb 2019

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Hearsay In The Smiley Face: Analyzing The Use Of Emojis As Evidence, Erin Janssen Jun 2018

Hearsay In The Smiley Face: Analyzing The Use Of Emojis As Evidence, Erin Janssen

St. Mary's Law Journal

Abstract forthcoming


The Face-Off Between Data Privacy And Discovery: Why U.S. Courts Should Respect Eu Data Privacy Law When Considering The Production Of Protected Information, Samantha Cutler Apr 2018

The Face-Off Between Data Privacy And Discovery: Why U.S. Courts Should Respect Eu Data Privacy Law When Considering The Production Of Protected Information, Samantha Cutler

Boston College Law Review

When foreign parties involved in U.S. litigation are ordered to produce information that is protected by EU data privacy law, they are caught in an unfortunate “Catch-22.” Historically, U.S. courts have pointed to the unlikelihood of sanctions for data privacy law violations to justify these orders. EU data privacy law, however, has recently undergone several shifts in favor of tougher rules and significantly increased sanctions. Additionally, EU regulators are now more vigilant and active in enforcing these laws. These developments, combined with the benefits of international judicial respect and the intrinsic value of privacy, mean that U.S ...


Technological Opacity & Procedural Injustice, Seth Katsuya Endo Mar 2018

Technological Opacity & Procedural Injustice, Seth Katsuya Endo

Boston College Law Review

From Google’s auto-correction of spelling errors to Netflix’s movie suggestions, machine-learning systems are a part of our everyday life. Both private and state actors increasingly employ such systems to make decisions that implicate individuals’ substantive rights, such as with credit scoring, government-benefit eligibility decisions, national security screening, and criminal sentencing. In turn, the rising use of machine-learning systems has led to questioning about whether they are sufficiently accurate, fair, and transparent. This Article builds on that work, focusing on how opaque technologies can subtly erode the due process norm of participation. To illuminate this issue, this Article examines ...


Possession Of Child Exploitation Material In Computer Temporary Internet Cache, Sungmi Park, Yunsik Jake Jang, Joshua I. James Sep 2017

Possession Of Child Exploitation Material In Computer Temporary Internet Cache, Sungmi Park, Yunsik Jake Jang, Joshua I. James

Journal of Digital Forensics, Security and Law

When considering the possession of child exploitation material U.S. and German courts have the same focus, but slightly different interpretations. This slight difference in interpretation could mean that in one country a defendant will be found guilty of possession while in the other country he or she could be found not guilty. In this work we examine the standards courts in Germany and the United States have used to combat child pornography, and analyze the approaches specifically related to viewing and possession of CEM. A uniform solution is suggested that criminalizes “knowing access with the intention to view” as ...


#Guilty? Sublet V. State And The Authentication Of Social Media Evidence In Criminal Proceedings, Elizabeth A. Flanagan Jun 2016

#Guilty? Sublet V. State And The Authentication Of Social Media Evidence In Criminal Proceedings, Elizabeth A. Flanagan

Villanova Law Review

No abstract provided.


The Connected State Of Things: A Lawyer’S Survival Guide In An Internet Of Things World, Antigone Peyton May 2016

The Connected State Of Things: A Lawyer’S Survival Guide In An Internet Of Things World, Antigone Peyton

Catholic University Journal of Law and Technology

No abstract provided.


Wearable Devices As Admissible Evidence: Technology Is Killing Our Opportunity To Lie, Nicole Chauriye May 2016

Wearable Devices As Admissible Evidence: Technology Is Killing Our Opportunity To Lie, Nicole Chauriye

Catholic University Journal of Law and Technology

No abstract provided.


"Connected" Discovery: What The Ubiquity Of Digital Evidence Means For Lawyers And Litigation, Gail Gottehrer Jan 2016

"Connected" Discovery: What The Ubiquity Of Digital Evidence Means For Lawyers And Litigation, Gail Gottehrer

Richmond Journal of Law & Technology

More than ten years ago, the Zubulake case raised awareness of the importance of digital evidence in litigation. At that time, for many lawyers, the discovery process consisted of collecting paper documents, manually reviewing those paper documents, and responding to document requests by producing paper documents. Digital evidence existed, but was more limited in scope and volume than it is today. Back then it was often overlooked or not recognized as a potential source of valuable evidence to be obtained in discovery.


Digital Direction For The Analog Attorney-Date Protection, E-Discovery, And The Ethics Of Technological Competence In Today's World Of Tomorrow, Stacey Blaustein, Melinda L. Mclellan, James A. Sherer Jan 2016

Digital Direction For The Analog Attorney-Date Protection, E-Discovery, And The Ethics Of Technological Competence In Today's World Of Tomorrow, Stacey Blaustein, Melinda L. Mclellan, James A. Sherer

Richmond Journal of Law & Technology

Over the past twenty years, the near-constant use of sophisticated technological tools has become an essential and indispensable aspect of the practice of law. The time and cost efficiencies generated by these resources are obvious, and have been for years. And because clients expect their counsel to take full advantage, savvy attorneys understand that they must keep up with ever-evolving legal technologies to stay competitive in a crowded marketplace.


"New Wine In An Old Bottle": The Advent Of Social Media Discovery In Pennsylvania Civil Litigation Matters, Daniel E. Cummins Jan 2015

"New Wine In An Old Bottle": The Advent Of Social Media Discovery In Pennsylvania Civil Litigation Matters, Daniel E. Cummins

Villanova Law Review

No abstract provided.


Merger And Acquisition Due Diligence: A Proposed Framework To Incorporate Data Privacy, Information Security, E-Discovery, And Information Governance Into Due Diligence Practices, James A. Sherer, Taylor M. Hoffman, Eugenio E. Ortiz Jan 2015

Merger And Acquisition Due Diligence: A Proposed Framework To Incorporate Data Privacy, Information Security, E-Discovery, And Information Governance Into Due Diligence Practices, James A. Sherer, Taylor M. Hoffman, Eugenio E. Ortiz

Richmond Journal of Law & Technology

Merger and Acquisition or “M&A” deals are both figuratively and literally big business, where the stakes for the organization are often the highest. While casual observers might expect that the importance attached to these deals makes each new deal the vanguard for incorporating metrics and practices regarding every efficiency and contingency, existing research demonstrates that this is decidedly not the case.


The New Esi Sanctions Framework Under The Proposed Rule 37(E) Amendments, Philip J. Favro Jan 2015

The New Esi Sanctions Framework Under The Proposed Rule 37(E) Amendments, Philip J. Favro

Richmond Journal of Law & Technology

The debate over the necessity, substance, and form of the proposed e-Discovery amendments to the Federal Rules of Civil Procedure (Rules) has been ongoing for over four years. Since the Duke Conference convened in May 2010, the Judicial Conference Advisory Committee on the Civil Rules (Committee) has been working to address many of the perceived shortcomings in the current Rules regime.


Amending Rape Shield Laws: Outdated Statutes Fail To Protect Victims On Social Media, 48 J. Marshall L. Rev. 1087 (2015), Sydney Janzen Jan 2015

Amending Rape Shield Laws: Outdated Statutes Fail To Protect Victims On Social Media, 48 J. Marshall L. Rev. 1087 (2015), Sydney Janzen

The John Marshall Law Review

This Comment will first discuss the discoverability and admissibility of social media evidence in criminal and/or civil sexual assault cases. Section II(A) provides a broad overview of both federal and state rape shield laws, including the legislative policies behind their enactments, as well as the modern expansion of social media in the context of the legal system. Section II(B) will address the modern utility of social media in the context of the legal system. Section III first analyzes how courts look at discoverability and admissibility of social media evidence generally, and then focuses on sexual assault cases ...


Electronically Stored Information And The Ancient Documents Exception To The Hearsay Rule: Fix It Before People Find Out About It, Daniel J. Capra Jan 2015

Electronically Stored Information And The Ancient Documents Exception To The Hearsay Rule: Fix It Before People Find Out About It, Daniel J. Capra

Faculty Scholarship

The first website on the Internet was posted in 1991. While there is not much factual content on the earliest websites, it did not take long for factual assertions—easily retrievable today—to flood the Internet. Now, over one hundred billion emails are sent, and ten million static web pages are added to the Internet every day. In 2006 alone, the world produced electronic information that was equal to three million times the amount of information stored in every book ever written. The earliest innovations in electronic communication are now over twenty years old—meaning that the factual assertions made ...


The Search For A Limited Search: The First Circuit Denies The Search Of Cell Phones Incident To Arrest In United States V. Wurie, Evan O'Connor Feb 2014

The Search For A Limited Search: The First Circuit Denies The Search Of Cell Phones Incident To Arrest In United States V. Wurie, Evan O'Connor

Boston College Law Review

On May 17, 2013, the U.S. Court of Appeals for the First Circuit in United States v. Wurie held that the warrantless search of a cell phone was not justified by the search-incident-to-arrest exception to the Fourth Amendment and was thus an illegal search. In doing so, the court declined to agree with other federal appeals court solutions regarding this issue; most notably, the Fifth Circuit’s 2007 decision in United States v. Finley and the Seventh Circuit’s 2012 decision in United States v. Flores-Lopez. This Comment argues that the approaches taken by courts on both sides of ...


Understanding And Contextualizing Precedents In E-Discovery: The Illusion Of Stare Decisis And Best Practices To Avoid Reliance On Outdated Guidance, Jonathan M. Redgrave, Keltie Hays Peay, Mathea K.E. Bulander Jan 2014

Understanding And Contextualizing Precedents In E-Discovery: The Illusion Of Stare Decisis And Best Practices To Avoid Reliance On Outdated Guidance, Jonathan M. Redgrave, Keltie Hays Peay, Mathea K.E. Bulander

Richmond Journal of Law & Technology

But as precedents survive like the clavicle in the cat, long after the use they once served is at an end, and the reason for them has been forgotten, the result of following them must often be failure and confusion from the merely logical point of view.


Comments: Trending: Proportionality In Electronic Discovery In Common Law Countries And The United States' Federal And State Courts, Laura Hunt Jan 2014

Comments: Trending: Proportionality In Electronic Discovery In Common Law Countries And The United States' Federal And State Courts, Laura Hunt

University of Baltimore Law Review

No abstract provided.


Setting The Tipping Point For Disclosing The Identity Of Anonymous Online Speakers: Lessons From Other Disclosure Contexts, Helen Norton Jan 2014

Setting The Tipping Point For Disclosing The Identity Of Anonymous Online Speakers: Lessons From Other Disclosure Contexts, Helen Norton

Articles

At what point should anonymous online speakers alleged to have engaged in defamatory, threatening, or other unprotected and illegal speech be required to “unmask” themselves – i.e., to disclose their identities? Courts confronted with such questions have proposed a variety of tests that seek to determine the point – I’ll call this the tipping point – at which they become sufficiently confident that disclosure’s accountability gains justify the unmasking of an anonymous online speaker. This essay suggests that an intradisciplinary approach may be helpful when choosing among these alternative tests. To this end, it recalls parallel disclosure challenges in campaign ...


Rape Shield Laws And The Social Media Revolution: Discoverability Of Social Media--It's Not Private, Seth I. Koslow Oct 2013

Rape Shield Laws And The Social Media Revolution: Discoverability Of Social Media--It's Not Private, Seth I. Koslow

Touro Law Review

No abstract provided.


Whether You "Like" It Or Not: The Inclusion Of Social Media Evidence In Sexual Harassment Cases And How Courts Can Effectively Control It, Laura E. Diss Sep 2013

Whether You "Like" It Or Not: The Inclusion Of Social Media Evidence In Sexual Harassment Cases And How Courts Can Effectively Control It, Laura E. Diss

Boston College Law Review

The increasing use of social media sites like Facebook, Twitter, and Myspace in social interactions has led to a corresponding increase in the use of social media evidence in litigation. Social media sites provide attorneys with easily accessible, up-to-date information about individuals, making such sites highly desirable sources of evidence. Although recent case law indicates that social media evidence is largely discoverable and often admissible, allowing broad discovery of social media evidence in sexual harassment cases could be highly problematic for plaintiffs because it often produces irrelevant and prejudicial evidence that only serves to embarrass plaintiffs and dissuade them from ...


Defying Dna: Rethinking The Role Of The Jury In An Age Of Scientific Proof Of Innocence, Andrea L. Roth Feb 2013

Defying Dna: Rethinking The Role Of The Jury In An Age Of Scientific Proof Of Innocence, Andrea L. Roth

Andrea L Roth

In 1946, public outrage erupted after a jury ordered Charlie Chaplin to support a child who, according to apparently definitive blood tests, was not his. Half a century later, juries have again defied apparently definitive evidence of innocence, finding criminal defendants guilty based on a confession or eyewitness notwithstanding exculpatory DNA test results. One might expect judges in such cases to direct an acquittal, on grounds that the evidence is legally insufficient because no rational juror could find guilt beyond a reasonable doubt. Yet few if any do. Instead, courts defer to juries when they form an actual belief in ...


The White Interest In School Integration, Robert A. Garda Jr. Feb 2013

The White Interest In School Integration, Robert A. Garda Jr.

Florida Law Review

Discussions concerning desegregation, affirmative action, and voluntary integration focus primarily, if not exclusively, on whether such policies harm or benefit minorities. Scant attention is paid to the benefits whites receive in multiracial schools, despite white interests underpinning more than thirty years of Supreme Court integration jurisprudence. In this Article, I explore the academic and social benefits whites receive in multiracial schools, and I do so from a white parent’s perspective. The Article begins by describing the interest-convergence theory and how white interests explain the course and content of the Supreme Court’s desegregation and affirmative action jurisprudence. Multiracial schools ...


The Discovery And Use Of Computerized Information: An Examination Of Current Approaches, Richard M. Long Jan 2013

The Discovery And Use Of Computerized Information: An Examination Of Current Approaches, Richard M. Long

Pepperdine Law Review

In recent years, the legal profession has run head on into the increasing use of computers and computerized information. Discovery and evidentiary rules developed to deal with written documentation may not be flexible enough to adequately cover this relatively new method of storing information. This comment examines various methods by which courts have attempted to deal with discovery and evidentiary problems involving computerized information, and suggests certain areas that should be explored in supporting or attacking the credibility of such information.


Local Rules, Standing Orders, And Model Protocols: Where The Rubber Meets The (E-Discovery) Road, Thomas Y. Allman Jan 2013

Local Rules, Standing Orders, And Model Protocols: Where The Rubber Meets The (E-Discovery) Road, Thomas Y. Allman

Richmond Journal of Law & Technology

[District Courts], impatient with the failure of the national system to solve pressing, indeed urgent, procedural problems, utilize local rules in an effort to shape pragmatic solutions . . . . [as] one route to procedural change.


E-Discovery As Quantum Law: Clash Of Cultures-What The Future Portends, Michael Yager Jan 2013

E-Discovery As Quantum Law: Clash Of Cultures-What The Future Portends, Michael Yager

Richmond Journal of Law & Technology

Early in the twentieth century, the phenomenon that is the “quantum” stormed the fortress of classical physics, causing Albert Einstein, one of science's greatest thinkers, to opine, “[i]t was as if the ground had been pulled out from under one, with no firm foundation to be seen anywhere, upon which one could have built.” The theoretical laws associated with looking at reality on the quantum level violently collided with those related to looking at the same reality on the macro level. The application of quantum theory to the mathematically pure and proven classical laws of physics introduced a ...


Social Media Evidence In Government Investigations And Criminal Proceedings: A Frontier Of New Legal Issues, Justin P. Murphy, Adrian Fontecilla Jan 2013

Social Media Evidence In Government Investigations And Criminal Proceedings: A Frontier Of New Legal Issues, Justin P. Murphy, Adrian Fontecilla

Richmond Journal of Law & Technology

As the newest pillar of communication in today’s society, social media is revolutionizing how the world does business, discovers and shares news, and instantly engages with friends and family. Not surprisingly, because social media factors into the majority of cases in some respect, this exploding medium significantly affects government investigations and criminal litigation. Social media evidence includes, among other things, photographs, status updates, a person’s location at a certain time, and direct communications to or from a defendant’s social media account. This Article will examine the importance of social media in government investigations and criminal litigation, including ...


Admissions Online: Statements Of A Party Opponent In The Internet Age, Dylan Charles Edwards Jan 2013

Admissions Online: Statements Of A Party Opponent In The Internet Age, Dylan Charles Edwards

Oklahoma Law Review

No abstract provided.


Clicking Away Confidentiality: Workplace Waiver Of Attorney-Client Privilege, Adam C. Losey Nov 2012

Clicking Away Confidentiality: Workplace Waiver Of Attorney-Client Privilege, Adam C. Losey

Florida Law Review

Barbara Hall, an administrative assistant, often arrives at work an hour and a half early solely to check her personal e-mails on her employer’s computer. Afterwards, “[i]n the grand tradition of Chekhov, or perhaps ‘Days of Our Lives,’ Barbara Hall carries on a dialogue throughout the workday with her two daughters, both of whom work at an event-planning company in Cleveland and use its e-mail system for such exchanges.” When she gets home from work, Barbara continues to use her workplace e-mail account to send personal e-mails. Barbara Hall and her daughters are not alone. The average employee ...