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Articles 31 - 60 of 148
Full-Text Articles in Evidence
Four Years Later: How The 2006 Amendments To The Federal Rules Have Reshaped The E-Discovery Landscape And Are Revitalizing The Civil Justice System, Bennett B. Borden, Monica Mccarroll, Brian C. Vick, Lauren M. Wheeling
Four Years Later: How The 2006 Amendments To The Federal Rules Have Reshaped The E-Discovery Landscape And Are Revitalizing The Civil Justice System, Bennett B. Borden, Monica Mccarroll, Brian C. Vick, Lauren M. Wheeling
Richmond Journal of Law & Technology
The 2006 amendments to the Federal Rules of Civil Procedure, which were enacted to address the potentially immense burden involved in the discovery of electronically-stored information (“ESI”), set in motion a process that is revitalizing the primary purpose of the Federal Rules of Civil Procedure adopted nearly seventy years earlier: “to secure the just, speedy, and inexpensive determination of every action and proceeding.” One of the principal means through which the Federal Rules of Civil Procedure achieve this purpose is by allowing for the discovery of “any nonprivileged matter that is relevant to any party’s claim or defense.” The reasoning …
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Francis C. Oroszlan
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Francis C. Oroszlan
Richmond Journal of Law & Technology
The Richmond Journal of Law and Technology is proud to present the fourth issue of the 2010–2011 academic year. In this issue, we explore privacy law in the context of online social networking, online advertising and tort reform. Additionally, this issue examines mandatory disclosure of trade secrets as a component of offshore oil drilling regulation and evaluates certain criticisms levied against the Anti-Counterfeiting Trade Agreement.
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Ian Lambeets
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Ian Lambeets
Richmond Journal of Law & Technology
The Richmond Journal of Law and Technology is proud to present its first issue of the 2011-2012 academic year. The Journal strives to discuss new and emerging issues that fall squarely at the intersection of technology and the law. Another year goes by and technology continues to advance, and not surprisingly, further immerses itself into our daily lives. The Journal believes it is our mission to recognize the practical effects the growth of technology has on society and to promote a relevant and timely discussion on these topics.
Law In The Age Of Exabytes: Some Further Thoughts On ‘Information Inflation’ And Current Issues In E-Discovery Search, Jason R. Baron
Law In The Age Of Exabytes: Some Further Thoughts On ‘Information Inflation’ And Current Issues In E-Discovery Search, Jason R. Baron
Richmond Journal of Law & Technology
In 2007, in the pages of this Journal, George L. Paul and I posed a question to the legal profession at large, to wit: can the legal system adapt to the new reality of an era of rapid inflation in the amount of electronically stored information (ESI) at issue in civil litigation? After surveying the history of technological innovation that led to an explosion of new data, we proceeded to discuss various legal strategies for success in our current inflationary epoch. These strategies included: consideration of new and emerging ways in which to think about search and information retrieval in …
The Anatomy Of A Search: Intrusiveness And The Fourth Amendment, Renée Mcdonald Hutchins
The Anatomy Of A Search: Intrusiveness And The Fourth Amendment, Renée Mcdonald Hutchins
University of Richmond Law Review
In this essay, I contend that when evaluating the constitutionality of enhanced surveillance devices, the existing test for assessing the occurrence of a Fourth Amendment search should be modified. Specifically, I suggest that intrusiveness should be unambiguously adopted by the Court as the benchmark for assessing and defining the existence of a search under the Fourth Amendment. Moreover, intrusiveness should be clearly defined to require an examination of two factors: the functionality of a challenged form of surveillance and the potential for disclosure created by the device.
The Expanding Duties Of Esi And In-House Counsel: Providing Defensible Preservation And Production Efforts After Swofford V. Eslinger, David W. Degnan
The Expanding Duties Of Esi And In-House Counsel: Providing Defensible Preservation And Production Efforts After Swofford V. Eslinger, David W. Degnan
Richmond Journal of Law & Technology
As a general rule, companies and government agencies should plan for preservation and production before litigation is probable. This means having a document retention program. These programs ensure that documents are retained or deleted in an orderly fashion. If a company properly follows its policies and procedures, this retention program acts as a “shield” against the incomplete preservation of relevant (or “hot”) documents deleted before the proper initiation of a litigation hold. If parties do not follow, or inconsistently follow, such a program, they might have to explain what happened to a missing relevant document. Thus, a retention program might …
The Process Is The Problem: Lessons Learned From United States Drug Sentencing Reform, Erik S. Siebert
The Process Is The Problem: Lessons Learned From United States Drug Sentencing Reform, Erik S. Siebert
University of Richmond Law Review
No abstract provided.
Civil Practice And Procedure, Hon. Jane Marum Roush
Civil Practice And Procedure, Hon. Jane Marum Roush
University of Richmond Law Review
No abstract provided.
Criminal Law And Procedure, Michael T. Judge, Stephen R. Mccullough
Criminal Law And Procedure, Michael T. Judge, Stephen R. Mccullough
University of Richmond Law Review
No abstract provided.
Run For The Border: Laptop Searches And The Fourth Amendment, Nathan Alexander Sales
Run For The Border: Laptop Searches And The Fourth Amendment, Nathan Alexander Sales
University of Richmond Law Review
No abstract provided.
Qualcomm Inc. V. Broadcom Corp.: 9,259,985 Reasons To Comply With Discovery Requests, Kristen Mcneal
Qualcomm Inc. V. Broadcom Corp.: 9,259,985 Reasons To Comply With Discovery Requests, Kristen Mcneal
Richmond Journal of Law & Technology
Evolving technology has advanced communication throughout the business industry. Corporations use various communication methods to initiate conversation, propose business ventures, and relay correspondence from one place to another. Quite naturally, with the development of different means of communication, various innovations in the legal profession have materialized and gained popularity. One of these innovations is electronic discovery.
Using Keyword Search Terms In E-Discovery And How They Relate To Issues Of Responsiveness, Privilege, Evidence Standards, And Rube Goldberg, Gregory L. Fordham
Using Keyword Search Terms In E-Discovery And How They Relate To Issues Of Responsiveness, Privilege, Evidence Standards, And Rube Goldberg, Gregory L. Fordham
Richmond Journal of Law & Technology
The emergence of digital evidence and the widespread implementation of e-discovery has brought both benefit and repercussion. In many respects, digital evidence has proven to be a better truth detector than its paper counterpart. At the same time, the volumes in which digital evidence exists make time-tested discovery techniques impractical. In fact, so significant are the technological differences between paper and digital evidence that even the handling procedures require considerable overhaul.
Databases, E-Discovery And Criminal Law, Ken Strutin
Databases, E-Discovery And Criminal Law, Ken Strutin
Richmond Journal of Law & Technology
The enduring value of the Constitution is the fundamental approach to human rights transcending time and technology. The modern complexity and variety of electronically stored information was unknown in the eighteenth century, but the elemental due process concepts forged then can be applied now. At some point, the accumulation of information surpassed the boundaries of living witnesses and paper records. The advent of computers and databases ushered in an entirely new order, giving rise to massive libraries of factual details and powerful investigative tools. But electronically collected information sources are a double-edged sword. Their accuracy and reliability are critical issues …
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Jessica M. Yoke
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Jessica M. Yoke
Richmond Journal of Law & Technology
The Richmond Journal of Law and Technology is proud to present the third issue of the 2008–2009 academic school year, which also is our Annual Survey on E-Discovery.
Electronic Discovery In Large Organizations, Jason Fliegel, Robert Entwisle
Electronic Discovery In Large Organizations, Jason Fliegel, Robert Entwisle
Richmond Journal of Law & Technology
The continuing expansion and virtually limitless array of technology and media available to store electronic information has had an immeasurable impact on the amount of information large organizations create and maintain. In many instances, this information continues to be available long after it has served the originator’s purposes. Yet, such information is not exempt from discovery in litigation, and attempting to identify, preserve, collect, review, and produce that information results in a significant burden on litigants, while the failure to do so can result in draconian sanctions or adverse publicity.
Achieving An Appropriate Balance: The Use Of Counsel Sanctions In Connection With The Resolution Of E-Discovery Misconduct, Thomas Y. Allman
Achieving An Appropriate Balance: The Use Of Counsel Sanctions In Connection With The Resolution Of E-Discovery Misconduct, Thomas Y. Allman
Richmond Journal of Law & Technology
This article evaluates the increased use of counsel sanctions in connection with discovery misconduct in the federal courts. Decisions such as Qualcomm Inc. v. Broadcom Corp. (Qualcomm) have drawn attention to the affirmative responsibilities of counsel for discovery and the ample authority available to sanction them under appropriate circumstances.
Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough
Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough
University of Richmond Law Review
No abstract provided.
Dna Is Different:Implications Of The Public Perception Ofdna Evidence On Police Interrogation Methods, Christine D. Salmon
Dna Is Different:Implications Of The Public Perception Ofdna Evidence On Police Interrogation Methods, Christine D. Salmon
Richmond Public Interest Law Review
These reform proposals have been met with vehement criticism, most of which stem from a concern that any attempt to prohibit or regulate deceptive interrogation methods would decrease the number of confessions and convictions produced by the criminal justice system. With these concerns in mind, this article proposes a different, more moderate reform: a per se ban on the falsification of DNA evidence during police interrogations. This proposal differs from those described above in three important ways. First, the prohibition on fabricating DNA evidence does not require a change in the voluntariness test used to ascertain the admissibility of a …
Asymmetrical Warfare: The Cost Of Electronic Discovery In Employment Litigation, Rodney A. Satterwhite, Matthew J. Quatrara
Asymmetrical Warfare: The Cost Of Electronic Discovery In Employment Litigation, Rodney A. Satterwhite, Matthew J. Quatrara
Richmond Journal of Law & Technology
A fundamental tenet of the 2006 Amendments to the Federal Rules of Civil Procedure (the “2006 Amendments”) is the notion that parties can agree and cooperate on issues relating to electronic discovery. Many of the rule changes now either require parties to meet and confer about electronic discovery or presuppose a certain level of dialogue between the parties regarding such issues.
The Increasing Importance Of Metadata In Electronic Discovery, W. Lawrence Wescott Iii
The Increasing Importance Of Metadata In Electronic Discovery, W. Lawrence Wescott Iii
Richmond Journal of Law & Technology
Metadata, by its nature, is a secondary class of data. Although commonly described as “data about data,” a more formal definition has been given as “evidence, typically stored electronically, that describes the characteristics, origins, usage and validity of other electronic evidence.” The emphasis in the short history of electronic discovery has been on this “other electronic evidence,” such that arguments were made, when drafting the electronic discovery amendments to the federal rules, that metadata should be excluded from discovery.
A Search For Balance In The Discovery Of Esi Since December 1, 2006, Douglas L. Roger
A Search For Balance In The Discovery Of Esi Since December 1, 2006, Douglas L. Roger
Richmond Journal of Law & Technology
An explosion in the amount and discovery of electronically stored information (ESI) threatens to clog the federal court system and make judicial determination of the substantive merits of disputes an endangered species. It is interesting that this information discovery explosion has skipped over Rule 1 of the Federal Rules of Civil Procedure, which provides in part that the federal rules “shall be construed and administered to secure the just, speedy, and inexpensive determination of every action.”
The “Two-Tiered” Approach To E-Discovery: Has Rule 26(B)(2)(B) Fulfilled Its Promise?, Thomas Y. Allman
The “Two-Tiered” Approach To E-Discovery: Has Rule 26(B)(2)(B) Fulfilled Its Promise?, Thomas Y. Allman
Richmond Journal of Law & Technology
We have now had more than a year to assess the impact of the 2006 Amendments of the Federal Rules of Civil Procedure (“the Amendments”) on discovery of electronically stored information. At the core of these provisions is the “two-tiered” discovery process. Under Rule 26(b)(2)(B), restyled as “Specific Limitations on Electronically Stored Information,” a party is permitted to utilize information from “reasonably accessible” sources of electronically stored information to respond to all forms of discovery without seeking information from inaccessible sources, provided that they are identified. Reasonably accessible sources are those which are available without “undue burden or cost.”
Dna Is Different:Implications Of The Public Perception Ofdna Evidence On Police Interrogation Methods, Christine D. Salmon
Dna Is Different:Implications Of The Public Perception Ofdna Evidence On Police Interrogation Methods, Christine D. Salmon
Richmond Journal of Law and the Public Interest
These reform proposals have been met with vehement criticism, most of which stem from a concern that any attempt to prohibit or regulate deceptive interrogation methods would decrease the number of confessions and convictions produced by the criminal justice system. With these concerns in mind, this article proposes a different, more moderate reform: a per se ban on the falsification of DNA evidence during police interrogations. This proposal differs from those described above in three important ways. First, the prohibition on fabricating DNA evidence does not require a change in the voluntariness test used to ascertain the admissibility of a …
Rethinking Dui Law In Virginia, Monte Kuligowski
Rethinking Dui Law In Virginia, Monte Kuligowski
University of Richmond Law Review
As the demand for safer roadways needs little supporting argument, I turn to the constitutional problem of strict criminal liability law, followed with a brief analysis of criminal intent and strict liability law within the criminal system, some examples of how other states have responded to the inherent tensions, and a few specific thoughts for the legislature to consider.
Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough Jr.
Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough Jr.
University of Richmond Law Review
The authors have endeavored to select from the many appellate cases those that have the most significant precedential value. The article also outlines some of the most consequential changes tothe law enacted by the Virginia General Assembly in the areas ofcriminal law and procedure.
Efforts To Improve The Illinois Capital Punishment System: Worth The Cost?, Thomas P. Sullivan
Efforts To Improve The Illinois Capital Punishment System: Worth The Cost?, Thomas P. Sullivan
University of Richmond Law Review
No abstract provided.
An Uninvited Guest: The Federal Death Penalty And The Massachusetts Prosecution Of Nurse Kristen Gilbert, John P. Cunningham
An Uninvited Guest: The Federal Death Penalty And The Massachusetts Prosecution Of Nurse Kristen Gilbert, John P. Cunningham
University of Richmond Law Review
No abstract provided.
Information Inflation: Can The Legal System Adapt?, George L. Paul, Jason R. Baron
Information Inflation: Can The Legal System Adapt?, George L. Paul, Jason R. Baron
Richmond Journal of Law & Technology
Information is fundamental to the legal system. Accordingly, lawyers must understand that information, as a cultural and technological edifice, has profoundly and irrevocably changed. There has been a civilization- wide morph, or pulse, or one might say that information has evolved. This article discusses the new inflationary dynamic, which has caused written information to multiply by as much as ten thousand-fold recently. The resulting landscape has stressed the legal system and indeed, it is becoming prohibitively expensive for lawyers even to search through information. This is particularly true in litigation.
The Two-Tier Discovery Provision Of Rule 26(B)(2)(B) - A Reasonable Measure For Controlling Electronic Discovery?, Theodore C. Hirt
The Two-Tier Discovery Provision Of Rule 26(B)(2)(B) - A Reasonable Measure For Controlling Electronic Discovery?, Theodore C. Hirt
Richmond Journal of Law & Technology
One of the most innovative provisions in the newly-effective amendments to the Federal Rules of Civil Procedure addressing electronic discovery may be the creation of a two-tier system for the discovery of electronically stored information, under new Rule 26(b)(2)(B). This rule states that “[a] party need not provide discovery” of such information “from sources that the party identifies as not reasonably accessible because of undue burden or cost.”