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Articles 91 - 120 of 175
Full-Text Articles in Evidence
Trial By Google: Judicial Notice In The Information Age, Andrew Ferguson
Trial By Google: Judicial Notice In The Information Age, Andrew Ferguson
Articles in Law Reviews & Other Academic Journals
This Article presents a theory of judicial notice for the information age. It argues that the ease of accessing factual data on the Internet allows judges and litigants to expand the use of judicial notice in ways that raise significant concerns about admissibility, reliability, and fair process. State and federal courts are already applying the surprisingly pliant judicial notice rules to bring websites ranging from Google Maps to Wikipedia into the courtroom, and these decisions will only increase in frequency in coming years. This rapidly emerging judicial phenomenon is notable for its ad hoc and conclusory nature – attributes that …
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
Setting The Tipping Point For Disclosing The Identity Of Anonymous Online Speakers: Lessons From Other Disclosure Contexts, Helen Norton
Publications
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
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.
Defying Dna: Rethinking The Role Of The Jury In An Age Of Scientific Proof Of Innocence, Andrea L. Roth
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.
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 will not …
The Discovery And Use Of Computerized Information: An Examination Of Current Approaches, Richard M. Long
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.
E-Discovery As Quantum Law: Clash Of Cultures-What The Future Portends, Michael Yager
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 cultural clash …
Social Media Evidence In Government Investigations And Criminal Proceedings: A Frontier Of New Legal Issues, Justin P. Murphy, Adrian Fontecilla
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 access to and …
Local Rules, Standing Orders, And Model Protocols: Where The Rubber Meets The (E-Discovery) Road, Thomas Y. Allman
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.
Admissions Online: Statements Of A Party Opponent In The Internet Age, Dylan Charles Edwards
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
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 is estimated …
Smoking Out Big Tobacco: Some Lessons About Academic Freedom, The World Wide Web, Media Conglomeration, And Public Service Pedagogy From The Battle Over The Brown & Williamson Documents, Clay Calvert
Pepperdine Law Review
No abstract provided.
The Basics Of Us Criminal Justice System, Bethel G.A Erastus-Obilo
The Basics Of Us Criminal Justice System, Bethel G.A Erastus-Obilo
Bethel G.A Erastus-Obilo
The criminal justice system is complex. It is also bureaucratic by design and has evolved over the years from simple unstructured peacekeeping units to the large complex crime-fighting system that it is today. Many of those who work within it find it challenging and unwieldy. Many of those who are accused of an offense find it confusing and intimidating. This goes for citizens and foreigners whether they are competent in the English language or not. For most members of ethnic minority groups, the experience can be harrowing and often fatal.
Ghost In The Machine: Zubulake Revisited And Other Emerging E-Discovery Issues Under The Amended Federal Rules, William P. Barnette
Ghost In The Machine: Zubulake Revisited And Other Emerging E-Discovery Issues Under The Amended Federal Rules, William P. Barnette
Richmond Journal of Law & Technology
We live in a digital age. Electronically stored information (“ESI”) “is commonplace in our personal lives and in the operation of businesses, public entities, and private organizations.” By now the numbers no longer shock: “more than 90% of all corporate information is electronic; North American businesses exchange over 2.5 trillion e-mails per year;5 today, less than 1% of all communication will ever appear in paper form; and, on average, a 1000-person corporation will generate nearly 2 million e-mails annually.”
The Promise Of A Cooperative And Proportional Discovery Process In North Carolina: House Bill 380 And The New State Electronic Discovery Rules, Brian C. Vick, Neil C. Magnuson
The Promise Of A Cooperative And Proportional Discovery Process In North Carolina: House Bill 380 And The New State Electronic Discovery Rules, Brian C. Vick, Neil C. Magnuson
Campbell Law Review
Using the experience of the federal courts under the 2006 Amendments as a guide, this Article examines H.B. 380 and the effect it will have on the discovery process in the state courts. Part I of this Article describes the litigation challenges created by the proliferation of ESI. Part II describes the history, structure and substance of the 2006 Amendments, and discusses their impact in the areas of cooperation and the use of proportionality principles in the federal courts. Part III describes the substance and structure of the rules changes encompassed by H.B. 380, and analyzes the effect that they …
Admissibility Of Non-U.S. Electronic Evidence, Kenneth N. Rashbaum, Matthew F. Knouff, Dominique Murray
Admissibility Of Non-U.S. Electronic Evidence, Kenneth N. Rashbaum, Matthew F. Knouff, Dominique Murray
Richmond Journal of Law & Technology
After two long years collecting hundreds of gigabytes of e-mail, data base reports, and social media posts from countries in Europe, Asia, and South America, such as France, South Korea, Argentina, Canada, Australia, and El Salvador, the day of trial has arrived. The trial team has obtained the data at great cost, in dollars as well as person-hours, but is finally ready for trial. First-chair counsel, second-chair counsel, and four paralegals file into the courtroom, not with bankers boxes full of documents as in earlier times, but with laptops, tablet computers, and a data projector. Following opening statements, the first …
Compelled Production Of Encrypted Data, John E.D. Larkin
Compelled Production Of Encrypted Data, John E.D. Larkin
Vanderbilt Journal of Entertainment & Technology Law
There is a myth that shadowy and powerful government agencies can crack the encryption software that criminals use to protect computers filled with child pornography and stolen credit card numbers. The reality is that cheap or free encryption programs can place protected data beyond law enforcement's reach. If courts seriously mean to protect the victims of Internet crime--all too often children--then Congress must adopt a legal mechanism to remedy the technological deficiency.
To date, police and prosecutors have relied on subpoenas to either compel defendants to produce their password, or to decipher their protected data. This technique has been met …
The Risks Of Taking Facebook At Face Value: Why The Psychology Of Social Networking Should Influence The Evidentiary Relevance Of Facebook Photographs, Kathryn R. Brown
The Risks Of Taking Facebook At Face Value: Why The Psychology Of Social Networking Should Influence The Evidentiary Relevance Of Facebook Photographs, Kathryn R. Brown
Vanderbilt Journal of Entertainment & Technology Law
Social networking sites in general, and Facebook in particular, have changed the way individuals communicate and express themselves. Facebook users share a multitude of personal information through the website, especially photographs. Additionally, Facebook enables individuals to tailor their online profiles to project a desired persona. However, as social scientists have demonstrated, the image users portray can mislead outside observers. Given the wealth of information available on Facebook, it is no surprise that attorneys often peruse the website for evidence to dispute opponents' claims.
This Note examines the admission and relevance of Facebook photographs offered to prove a litigant's state of …
Check In On Your Privacy, Frank Gonello
Friends, Gangbangers, Custody Disputants, Lend Me Your Passwords, Aviva Orenstein
Friends, Gangbangers, Custody Disputants, Lend Me Your Passwords, Aviva Orenstein
Articles by Maurer Faculty
Whenever parties seek to introduce out-of-court statements, evidentiary issues of hearsay and authentication will arise. As methods of communication expand, the Rules of Evidence must necessarily keep pace. The rules remain essentially the same, but their application vary with new modes of communication. Evidence law has been very adaptable in some ways, and notoriously conservative, even stodgy, in others. Although statements on Facebook and other social media raise some interesting questions concerning the hearsay rule and its exceptions, there has been little concern about applying the hearsay doctrine to such forms of communication. By contrast, such new media have triggered …
A Theory Of The Perverse Verdict, Bethel G.A Erastus-Obilo
A Theory Of The Perverse Verdict, Bethel G.A Erastus-Obilo
Bethel G.A Erastus-Obilo
The concept of a perverse verdict is one that pervades the Criminal justice system of nearly all common law jurisdictions. The English Criminal Justice system is no exception and the concept has become institutionalised as if it were a true occurrence. This paper challenges the idea and argues that it is, technically, a legal non-event given the system of trial by jury. The theory is that besides the jury, no one else is invested with the power and authority to declare a verdict and this position is supported both by legal custom and the mechanism of the criminal justice system. …
Curtains, Bethel G.A Erastus-Obilo
Curtains, Bethel G.A Erastus-Obilo
Bethel G.A Erastus-Obilo
This is the story of life in all its glory and eternal ramifications. This is the story of us.
I Wept, Bethel G.A Erastus-Obilo
I Wept, Bethel G.A Erastus-Obilo
Bethel G.A Erastus-Obilo
It is not always what we expect to find in love but sometimes, we look in the worng places. We fail to notice that what we always wanted and sought was always in front of us.
Vanity Of Vanities, Bethel G.A Erastus-Obilo
Vanity Of Vanities, Bethel G.A Erastus-Obilo
Bethel G.A Erastus-Obilo
All that we see and all that we do are emptied into the eternal abyss of nothingness and vain glory. All the we have and all own us are intertwined in the great deception of man. Vanity of vanities, says the preacher, all is vanity
A Criminal Moment In Time, Bethel G.A Erastus-Obilo
A Criminal Moment In Time, Bethel G.A Erastus-Obilo
Bethel G.A Erastus-Obilo
Criminal law jurisprudence considers the concepts of motive, intent and the forbidden act integral to the justice process. Throughout the common law jurisdictions, this trio overshadows a central theme that is a precursor to all criminal acts – the idea of a social responsibility continuum or cognitive dependency. While motive is dispositional on a wider application, intent is situational and is a product of one’s socio-cultural experience. The forbidden act, though central to the process, constitutes ‘a faithful mirror of thought’ – the consummation of a deliberate and manipulated cognition. The nexus between the three subjects extends beyond the Cartesan …
Jury Deliberations – How Do Reasoning Skills Interplay With Decision-Making?, Bethel G.A Erastus-Obilo
Jury Deliberations – How Do Reasoning Skills Interplay With Decision-Making?, Bethel G.A Erastus-Obilo
Bethel G.A Erastus-Obilo
We may well wonder how the Casey Anthony reached its verdict in spite of what many of us thought was a raft of compelling evidence. In order to understand some of the nuances at play, it is important to understand some of the issues that confront a jury and how the criminal justice system ensures or attempts to ensure a fair outcome in our trial by jury system
Jury Continuum, Bethel G.A Erastus-Obilo
Jury Continuum, Bethel G.A Erastus-Obilo
Bethel G.A Erastus-Obilo
Jury deliberations – how do reasoning skills interplay with decision-making?We may well wonder how the Casey Anthony jury reached its verdict in spite of what many of us thought was a raft of compelling evidence for conviction. In order to understand some of the nuances at play, it is important to understand some of the issues that confront a jury and how the criminal justice system ensures or attempts to ensure a fair outcome in our trial by jury system. At the risk of stating the obvious, one of the most enduring features of our criminal justice system is the …
El Derecho De Sucesiones Se Debe Atemperar A Los Cambios De La Sociedad Del Siglo Xxi, Edward Ivan Cueva
El Derecho De Sucesiones Se Debe Atemperar A Los Cambios De La Sociedad Del Siglo Xxi, Edward Ivan Cueva
Edward Ivan Cueva
No abstract provided.
The Admissibility Of Electronic Evidence Under The Federal Rules Of Evidence, Jonathan D. Frieden, Leigh M. Murray
The Admissibility Of Electronic Evidence Under The Federal Rules Of Evidence, Jonathan D. Frieden, Leigh M. Murray
Richmond Journal of Law & Technology
Following the December 2006 amendments to the Federal Rules of Civil Procedure, much has been written about the discovery of electronically-stored information.