Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Evidence
Waving Goodbye To Waiver? Not So Fast: Inadvertent Disclosure, Waiver Of The Attorney-Client Privilege, And Federal Rule Of Evidence 502, Elizabeth King
Waving Goodbye To Waiver? Not So Fast: Inadvertent Disclosure, Waiver Of The Attorney-Client Privilege, And Federal Rule Of Evidence 502, Elizabeth King
Campbell Law Review
Waiver of the attorney-client privilege due to inadvertent disclosure is an important issue that courts and litigants have grappled with for a long time. With electronic discovery becoming increasingly common, and with electronic privilege reviews replacing paper reviews, the issue takes on greater importance. The risk of inadvertently disclosing privileged or protected information is heightened in electronic discovery because of the very nature of electronic information. For example, although a party makes an effort to segregate and delete privileged information from a computer drive prior to producing the electronic documents to the opposing party, the deleted files may still be …
Another "Straightforward Application": The Impact Of Melendez-Diaz On Forensic Testing And Expert Testimony In Controlled Substance Cases, John Wait
Campbell Law Review
Part I of this Article will analyze Melendez-Diaz with a focus on extracting indicators within the opinion that lend guidance as to how the opinion could be extended to Bullcoming and to expert testimony based on forensic reports in controlled substance cases. Part II will provide an overview of the tests utilized by the SBI to determine the nature and quantity, if any, of suspected controlled substances with the goal of ascertaining who, under Melendez-Diaz, should be subject to confrontation. Part III will provide a prediction of the outcome in Bullcoming. Finally, Part IV will review the pending cases from …