Evidence Commons^™

A Theory Of Factfinding: The Logic For Processing Evidence, Kevin M. Clermont

Cornell Law Faculty Publications

Academics have never agreed on a theory of proof. The darkest corner of anyone’s theory has concerned how legal decisionmakers logically should find facts. This Article pries open that cognitive black box. It does so by employing multivalent logic, which enables it to overcome the traditional probability problems that impeded all prior attempts. The result is the first-ever exposure of the proper logic for finding a fact or a case’s facts.

The focus will be on the evidential processing phase, rather than the application of the standard of proof as tracked in my prior work. Processing evidence involves (1) reasoning …

Domesticating Comity: Territorial U.S. Discovery In Violation Of Foreign Privacy Laws, Corby F. Burger

Cornell Law Review

The European Union's (EU) recently enacted General Data Protection Regulation (GDPR) is being billed as "the most important change in data privacy regulation in 20 years." The GDPR sets forth a stringent set of binding regulations that govern how data controllers and processors manage the private electronic data of EU citizens. In an audacious effort to ensure comprehensive privacy protection for EU citizens in a globally connected digital landscape, EU regulators have made the GDPR apply extraterritorially. The regulation extends beyond the borders of the European Union, reaching any entity that stores or processes the personal data of EU citizens …